Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698075160008.pdf (Guyana)
\ NEW AMSTERDAM TOWN COUNCIL.

CH.

87. lGSl z °"""' tt;,s- ._,:,fl,{- tR-:J , l /)' ._,.,; 6-t !,-," 7 'lf'i st, " f'f s � CHAPTER 87. d Gr '33 NEvV AMSTERDAM TOvVN COUNCIL.

[No.

X of 1916.J [27th May, 1916.J 1.This Ordinance may be cited as the New Amsterdam Short.

titlo.

Town Council Ordinance.

requires,- 2.In this Ordinance, Interpreta­ tions. "
the town " means the town of New Amsterdam; "the Council" means the Mayor and Town Council unless the context otherwise of New Amsterdam; "the magistrate" district any magistrate district; "the registry Court; "market" means the magistrate in which the town is situate, of the judicial and includes in the court of that judicial sitting " means the registry of the Supreme or "the market" means the New Amster­ dam market and includes market now or hereafter town by the authority every other public to be established in the of the Council; " lot" includes "voter" means persons of a lot; qualified a portion to vote for a coun­ cillor at elections.
THE MUNICIPAL COUNCIL.

3.-(1) Subject to the provisions mummpa counc1 In an or t e town, esta IS e as one as estab- ·1 · · · 1 Town is'= by by the New Amsterdam and corporate body politic 8 1891, under ,the name and style of iis9� Co@cil Ordinance, : "The May�r and Town Council bereby contmued.

d f h bl' h d corporat10n of New Amsterdam," of this Ordinance, is !

::�f.'
::�f.'

the Municipal n (2)By that name the Council shall have perpetual succession, in tbe name of '' Tbe Town Clerk of New Amsterdam may sue and be sued in all courts magistrates may have and use a common seal, and by and '' and before all and justices.

of justice 1682 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.

EXTENT OF THE TovVN.

( ) } Boundaries 4 of tile town.

.- 1 T Je town shall be bounded say, on the north by the ordnance plantations Smythfield plantation Overwinning; nver.
that is to as follows, land; on the east by and V ryheid; on the south by and on the west by the Berbice 1t I (2)For the purposes of this Ordinance includes all the land and buildings boundaries.

(3)The Council with the approval the town within those in Council may from time to time extend the limits town.

of the Governor of tl1e (4)The jurisdiction of the Council shall extend to river and to all stellingA ]ow water mark of the Berbice thereon.

NUMBER OF COUNCILLORS.

Composition of the Council.


5.The Council shall consist of not more than nine Councillors, of whom six shall be elected of New Amsterdam after mentioned and three may be nominated Governor in Council.

duly qualified in the manner herein­ by the by the inhabitant5 Election of the ::\fayoe: 6.-(1) On the second Friday in the month of January in every year or 011 the first convenient Council person to be Mayor of the town.
shall elect out of the counci1lors day thereafter a fit and proper tho (2)As soon as may be after his election the Governor and take and subscribe the Mayor shall appear before the following oath of office:- " I, A.

B., do swear that I will, according to the Proviso.

Provided best of my ability, of New Amsterdam, fear, favour, execute according or partiality.-So to the like effect may be that an affirmation to law, without help me God.''
the office of mayor made in lieu of the· oath by anyone who would be entitled a court of justic�.

to make an affirmation in lieu of being sworn in lawfully (3)The Mayor shall continue in office until the election of the peace in and :fior the town during his tenure of his successor, and shall be ex officio a justice of office.

(4)The Mayor may resign his office by writing under his hand addressed shall not affect his position to the Town Clerk, as a member of the Council.
but his resignation NEW A,1f8TERDA .11 TOWN COUNCU,.

Cf!.

87.
1683 (5)1f a vacancy is occasioned in the oflice of mayor or becoming it, or by reason of his dying or during the year by reason of anyone who has been elected to that office not accepting to hold that office, the resigning incapable elect 01:t L 4-t-C Council shall, within ten days �,fter the vacancy, -� 0 another of the councillors fit and proper person to be D year, but no �� 1 IJOF mayor for the remainder to fill the office of mayor for more than !J 1 one shall be eligible two consecutive intervenes years unless after the expiration of his last year of service.
a period of one year at least of the then current (6)The Council may grant leave of absence three months, Mayor or to any member of the Council exceeding the Council Mayor, who shall have all the powers and privileges Mayor during the time he so acts.

and may elect another member of to act as during the Mayor's leave of absence of the to the Leave of for any period not absence.

QUALIFICATION OF VOTERS AND COUNCILLORS.


in the colony for not less than three years 7 Every inhabitant of the town who is of full age and Qualification.

subject and is a British of a house or tenement to any legal disability, not �ubject or has resided and is a proprietor in the town rated in the book of the Town Clerk at the value of two or more, over and above the hundred aud fifty dollars amount of any mortgage, in the town the rental dollars of a councillor.
a month, shall be entitled value whereof is not less than fifteen to vote at the election or who occupies premises of voter.

8.No one shall be entitled to be registered as a voter, who­ Disgualifirn­ tion for voting.
(a) (b) cannot read or write; or has, within three months previous to registration, any relief from public or parochial received funds; or in any paTt of his Majesty's to death, or penal servitude, with hard labour for any term (r)has been sentenced dominions prisonment and has not either exceeding to which he was suffered the punishment or some other punishment by com­ sentenced petent authority for it, or received substituted a free pardon from His Majesty.

twelve months, or im­ Hi81 CH.

87.


NEW AM8TERDA111 TOWN COUNCIL.

Q,1J11tification of joint owners.

hy owners or tena.11Ls, owned or oC'rupiecl each of property 9.

"\Vlwrc any prrmi1,es for membership or tenants ,rrn joint.ly more persons Lha.n oue as joint those joint owners shall be deemed to have the qualification the joint holders voter, which, when divided by the number of the owners or tenants among the owners or tenants according each therein, gives a qualification not otherwise.
in cases of equal ownership, and each of for a to have the qualification of the premises or when apportioned to the interest if t,he value or rental for each of them, but of the Council, is of a,n amount of Prnmises maybe owned in succession.
in respect to be elected of the ownership to be the same premises in immediate 10.Tbe premises anyone shall be entitled cil or to vote at the election required mises O"\\'Iled he shall be entitled his qualification by him in immediate possession, although in is in respect tl'e list of voters, if the Town Clerk is satisfied other property is held by the person so entitled.
of which a member of the Coun­ of a member shall not be pre­ , but may be different by that person, and of the property held other than the one mentioned to vote in respect succession of property that the Registration and appeals om.

therefr 11.-(1) No property qualification unless the persons sufficient tered as owners on the books of the Tm,vn Clerk, tlie particulars of the premises the qualification is claimed are also recorded in respect are regis­ and un1ess of which in those books.
shall be deemed to be who claim thereunder (2)Any owner of property within the town shall be without entitled, of the Town Clerk for the purpose the several affecting his qualification specified matters payment of any fee, to inspect the books of ascertaining whether in the preceding are duly recorded.

a,foresaid of the (3)For the purpose tbe qualifications sub-section word "premises. "

means any land, or land and building.


(4)The Town Clerk may register anyone as entitled to a vote if he has been in undisputed beneficial ownership footing ·withstanding tory documents of which he claims the right ­ tbat he may not be able to produce satisfac for ten yea,·s.

of any property on the to be registered, not­ occupation or in shall hold an open court in the month to of December in each year to determine the list of voters notice The decision final.
and shall give one week's of the date and hour of the court.

upon any objection of the Council in the Gazette so prepared any objections sha 11 he of title.

(5)The Council NEW AMSTERDAM TOWN COUNCIL.

CH.

87.
CH.

87.

1685 12.Every voter who is of full age and not subject to any of any household and is a proprietor legal disability pro­ perty in the town, rated in the book of the Town Clerk at the value of one thousand the amount of any mortgage, town the rental value whereof is not less than twenty dollars a member of the Council: a month, shall be qualified or more, over and above and eligible dollars to be elected or occupies premises in the Qualification of councillor : that- Provided Proviso.
(a)in the case of occupation shall have resided the six months immediately tion as Councillor; in the same premises preceding , the occupant during as aforesaid his elec­ and (b)the attorney or chairman of the board of directors company shall be quali­ if of or occupation as a member of the Council liability of any limited fied for election that company is in possession premises constituted one in possession thereof of any­ not a company.
within the town which would have the necessary qualification 13.No one sh.all be capable or, having been so elected, of being elected a coun­ shall sit or vote in the Disqualifica­ tion of coun• cillor.
cillor, who- Council, (d)is either (a)is not entitled to vote at the election of a member of the Council; or ( b)is a minister (c)is the holder of any place of profit in the gift or of the Council of religion; or di spo8al ; or or indirectly pecuniarily or other­ directly with the Coun­ wise interested in any contract by virtue of the cil, even though the contract, shall be null and of any Ordinance, provisions void ; but no one shall be deemed to be so inter­ ested in any contract paragraph any share or interest (i)any agreement within the meaning by reaRon only of his having in- for the loan of money of this only; or (ii)any newspaper to the affairs relating inserted; or (iii)any incorporated in which advertisement of the Council is company or society in which he does not hold more than one-fifth of the shares.
VoL.

III.-16 1686 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.

Efl;ect of being in arrears town taxes.

for Oath to be taken by councillor : 14.No one who is in arrear of payment of town taxes for more than three months shall be eligible or, having been elected, at the election of a councillor.

15.-(1) Every councillor of the Council, to serve, shall, before to be elected, or to vote as a councillor, voting or sitting the fol­ take and subscribe at any meeting lowing oath :- " I, A.
B., do swear that I will, according of my ability, Town Council without fear, favour, God": execute of New Amsterdam, or partiality.-So help me the duty of a member of the a.ccording to law, to the best Proviso.

Provided that an affirmation to the like effect may be made in lieu of the oath by anyone who would be lawfully entitled a court of justice.
to make an affirmation instead of being sworn in (2)On each of those occasions the senior councillor the Mayor, or, in tl1e present, shall event of his absence, ::i.clminiRter the oath in presence of the Council.

Resignation of councillor.

16.A councillor l1is hand addressed may resign to the Town Clerk.

his office by writing under Order of retirement and duration of office of councillors.
17.-(1) On the first day of July in each year the two elected councillors for the time being shall go out of senior office and a new election hereinbefore provided.
shall take place in the manner (2)The nominated councillors three years prescribed shall serve for the by the Gover­ at the time of any nomination, peri0d not exceeding in writing nor in Council incapacity, a.nd in case of death, resignation, councillor absence from the colony of any other in Council Governor three person to serve in his stead for a period not exceeding for election years.

Nominated members shall be eligible to the mayoralty or to any other office of honour under the Council.
illness, any nominated may nominate in writing or the Quorum and president.

18.-(1) Any five councillors shall form a sufficient quorum for the despatch (2)In the absence of every kind.

of business of the Mayor, the senior elected shall at any meeting of tbe Council member present preside.

Equality of votes.

19.If the votes on any matter under discussion are equal, the Mayor or other presiding vote.

second or casting member shall have a NEW AMSTERDAM TOWN COUNCIL.

CH.

87.
1687 20.If a member of the Council leaves obtaining his seat shall thereupon without shall be issued his t.erm of service the Council, notice serve in his place; absence months, after the expiration manner become vacant: for the election to any member for a longer period than three and if a member absents from the colonv of his leave, his seat shall in lik·e himself during the colony from leave of absence become vacant, and a of a new member to of Granting leave of absence to member: but the Council shall not grant leave Provided gra.nt the leave, that in any case of urgency subject to its being ratified the Mayor may by the Council.
Proviso.

21.The meetings of the Council appointed at the tjmes and places Mayor shall have power to convene or extra meeting and delivered places of the Council to the members of abode.

shall be held monthly Meetings.

by the Mayor, and the at any time a special by summonses respectively or at their usual to be issued 22.

The existence of any vacancy of the Council the members any proceeding final.
of the Council, or vaca.ncies among Validit� of shall not affect the validity whose decision of proceedmgs , not affected shall be by vacancy.

23.Full minutes the proceedings kept for that purpose, and, when settled the Council, shall be taken by the Town Clerk of all in a book to be and confirmed by they shall be signed by the Mayor.

of the Council and entered Minutes proceedings.

of 24.-(1) All elections shall be held at the town hall or at Whe�e by the Council.
some other place within the town from time to time t:��1;' to appointed (2)The Town Clerk or, in the event of a vacancy, shall some fit and proper person appointed be the returning officer at all elections.

by the Council, (3)The returning officer shall not in any case be to vote at �m election for which he is the returning entitled officer.

25.
25.

Whenever the seat of a member of the Council Notice when vacant a notice shall be for�hwith becomes Town Clerk, in the Gazette circulating colony of a new member in the place of the member whose seat has shall be given to the become vacant, officer.

returning VoL.

m,-16A s published by the be ce:!es of the vacant.

and m a newspaper for the election in the county of Berbice, and intimation thereof 1688 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.

� otice of day and place of ·iomination.


The returning officer shall thereupon in the Gazette and in a newspaper 26.-(1) be published colony circulating at the town hall and in any other conspicuous thinks fit not less than four, a notice of the day and place on and at which he will receive didate for the seat to be filled by election.
in the county of Berbice, cause to of the of a can­ the nomination and to be posted places he (2)The day so fixed shall not be less than five nor more than ten days after the day whereon the intimation was received by the returning officer.

N'ominiition of candidate.

27.--(1) On the day and at the place so fixed the return­ ing officer shall attend at eleven o'clock receive tbe seat to be filled.
the nomination of any duly qualified in the forenoon and candidate for (2)Every candidate shall be proposed and seconded whose names appear on the register of by two other persons voters.

(3)If only one candidate officer shall declare has been nominated him to have been duly elected.

returning the Procedure where more than one candidate.
28.--(1) If more candidates officer shall thereupon than one are nominated the appoint a day not more and holding the election returning than three days thereafter for each candidate before the day appointed of ten dollars, clerks and defraying the sum the election, the poll for the purpose of remunerating to be incurred.
the necessary for holding expenses shall be bound to pay to the returning officer, (2)If anyone is proposed consent, the sum of ten dollars the person so proposing for the purpose aforesaid.

as a candidate without his him shall be bound to pay (3)If the candidate pay the sum in this section deemed to have withdrawn.
or his proposer mentioned aforesaid the candidate fails to shall be (4)A candidatfl may, at any time before the <lay but not afterwards appomted for holding the election withdraw from his candidacy by giving a notice to that ffect signed by him to the returning officer, and in that case if only one candidate besides ing has been nominated, he who has not withdrawn be deemed to be duly elected be published and notice of his election officer in the Gazette.
so withdraw­ shall shall by the returning the candidate , NEW AMSTERDAM 1'0WN COUNCIL.

CH.

8"1.

1689 29.The returning and proper persons station, there.

and shall preside officer shall, to be clerks fit appoint over and conduct if necessary, Clerks at polling to attend at the polling station.

the election Returning officer to preside at election.

at station Hours of voting.


for hold­ of the day appointed in the after­ at the polling and shall close at five o'clock 30.Tbe voting shall commence in the morning ten o'clock ing the election, noon of the same day.

THE BALLOT.

31.--(1) In case of a poll at an election, be given by ballot.

(2)The ballot called (in this Ordinance a ballot and each ballot of the candidates, and have on the back printed with the same number printed attached on the face.
of each voter shall consist paper) showing paper shall have a number of a paper the names the votes shall Votes to be given by ballot.
to it a counterfoil officer Preparing is pro-fJ!�s� 32.When a poll is to take place, the returning tables, barriers, and that they are properly that the polling-place chairs, arranged shall take care beforehand vided with proper doors, conveniences, ing out the provisions provide sufficient provisions venjence for taking the poll, and he shall, day fixed for the taking of the poll, visit the polling and see: that it is provided aforesaid.
of this Ordinance, lace with a proper ballot the polling-p nmnber of voting with the in conformity con­ the on or before station and other for carry- and he shall also box and a papers, , and any other necessary of this Ordinance with the proper conveniences ��:,i:_g Inspec�ion 33.For the guidance of electors in voting, notices shall P_lacarding be printed various the following places outside form:- in conspicuous and inside characters and placarded station, in directions to voters.
in of the polling DIRECTIONS.

(1)To mark your vote, you must draw your pen through-the names of all the candidates other than the one for whom you wish to vote.

(2)You can vote for one candidate (3)When you have marked your vote, fold up your your vote, but so as paper so as to conceal ballot to show the official mark on the back, show the at this election.

1690 C.H.

87.

NEW AMSTERDAM TOWN COUNCIL.

officer the official mark, then put your returning ballot paper in the ballot box, and leave the room.
Duty of voter on coming to vote.

84.Each person on coming to vote shall address himself and state his name and address in to tbe returning officer an audible voice.

Duties of returning officer and of voter at time of YOting.

35.--(a) The returning officer shall proceed of a voting paper the number of the elector of voters, mark the voting paper with an out the name of the voter in an to write on the counterfoil on the register official mark and, calling audible polling voice, station.
deliver the paper to the voter within the (b)The voter shall then retire to a table apart but and, having secretly station and folded it up so as to conceal within the polling vote on the paper his vote, but so as to show the official mark at the back, shall place it in the ballot of the returning officer, after having shown to him the official mark at the back.

box in the presence marked his (c)The voter having voted shall forthwith leave the polling station.
(d)The returning officer, after having delivered to paper and while the voter is recording his name on the officer's the voter .a ballot his vote, shall make a mark against copy of the register at the election, pa_per given to him.

of voters to indicate that he has voted but not so as to show the particular voting How to mark a vote.

36.The voter shall mark his vote upon the voting paper his pen through by drawing other than that of the candidate vote.
the names of all the candidates for whom he wishes to Who are to be admitted with.in 0 .

It 37.N'o one shall be admitted within any polling -place during the hours appointed returning date appointed by the candidate at a time.
officer and his clerks, the one agent for each candi­ in writing, and one voter for taking the poll, except 38.The agents aforesaid can see each person who presents hear his name as given by him and interfere ceedings to the extent allowed that they cannot see how any voter votes interfere.

shall be so placed that they as a voter and in the pro­ but so by this Ordinance, himself or otherwise NEW A1liJSTERDAJJI TOWN COUNCIL.

CH.

87.
CH.

87.

1691 39.The non-attendance of any canqidate or of any agent Non-attend­ by him shall not in any way invalidate nominated or thing done under this Ordinance, is otherwise or authorised or of his duly authorised to be done in the presence agent.
duly done, notwithstanding if that act or thing agent not to that it is required of the candidate ��;��; te any act :�t1ate or 40.If any agent persists t · h ravemng t ese prov1s10ns, him tnrned out of the polling-pl officer ing place for the purpose · ffi h of order o cer may ave ace, and the returning within the poll- may at any time summon constables after being warned in con-Preservation · · h t e returnmg of preserving order.
41.The returning voter any rnstruct10ns ner in which he shall record his vote.

officer shall, · appearmg on request, • give to a R�turniog h officer to as to t e man-instruct necessary · voter.

42.-(l) The returning' if required and shall, representing a candidate at the time of tendering or either of them, and no other:- officer may in his discretion, � by any candidate at an election, his vote, the following Questions allowed to be or any person put to voter.
put to any voter, questions first: are you the same person whose name appears as A .

B. on the register of voters voted at this election for a 1 have you already second: ?

councillor (2)If anyone refuses to him, the returning to receive his vote.

to answer any question so put may refuse officer or his substitute (3)Anyone who wilfully makes a false answer to any question and on conviction with or without one year.

so put to him shall be guilty thereof shall be liable of a misdemeanor.
to imprisonment hard labour for any term not exceeding to be a particular for a ballot Where 43.If a person representing himself applies person has voted as that elector, elector named on the register after :mother cant, upon duly answering preceding shall be entitled section, in the same manner as any other voter; ballot called (hereinafter a tendered colour from the other ballot of being put into the ballot returning 0 to mark a ballot but the ballot paper) shall be of a papers, box, shall be given to the by him with the name of the officer and indorsed the questions set forth in the a differing paper rrSOJ1 the appli-ef v paper : paper and, instead 1692 CH.
87.

NEW A.MSTERDAlll 1'0WN COUNCIL.

voter and his number in the register packet, in a separate returning officer, and the name of the voter and his number on the register Tendered Votes List.

and shall not be counted the on a list to be called shall be entered and set aside of voters by the Tendered votes list.

Spoilt ballot paper.


dealt with his 44.A voter who has so inadvertently used as a ballot paper that it cannot be conveniently it to the returning baJlot paper may, on surrendering proving the fact of the inadvertence that officer, obtain another ballot paper ballot called a spoilt ballot diately cancelled " cancelled paper so surrendered (hereinafter ballot paper), and the spoilt paper shall be imme­ the word writing by the returning officer in the place of the the face of it.
officer and of " across to !,he satisfaction Where ,·oter is physically incapaci­ tnted from voting in manner prescribed.
45.If any voter is incapacitated by blindness by or other shall, cause from voting in the manner prescribed at his request, cause his of the agents of the candidates, physical this Ordinance, the returning officer in the presence vote to be marked on a ballot him, and the ballot ballot voters the reason why it is so marked, to be kept by the returning box; and the name and number on the register of everv voter whose vote js so marked for him and paper so marked to be placed in the paper in manner directed shall be entered on � list officer.
by of Size and construction of ballot box.

46.--(l) The ballot with a lock, and box shall be of convenient size, and key, and shall be so con­ be provided structed that the ballot but cannot be withdrawn paper can be introduced unless therefrom it is unlocked.

therein Exhibition thereof before taking the poll.

(2)It shall be exhibited are in the polling-place the poll and be then securely unlocked poll in manner hereinafter except by the returning immediately mentioned.
locked, before the taking of ,and not be again empty to those persons who officer at the close of the of COJlllting .,W�d b&h0J" daties of ielurning q_fficer"at pios� df poll.
shall- 47.-(1) The returning officer, at the close of the poll, (a)proceed in the presence as aforesaid, of the candidates or their to .count the agents appointed votes contained the box, keeping ballot papers with their faces upwards and taking all proper precautions anyone from seeing the numbers on their backs; in the ballot for preventing NEW AMSTERDAM 1'0WN COUNCIL.

CH.

87.
1G93 (b)compare their number and the number of the unused and spoilt papers provided and record the number of votes given for each can­ didate; papers with that of the voting by him for the election of therein and spoilt, contained and recorded the contents box in manner aforesaid, wrap the with the , and unused (c)after having counted the ballot voting papers counterfoils voting papers, and the list of votes list, of voters, of the by him, and a statement votes marked number of the voters so marked by him, and seal up the parcel in such a way that it cannot be opened without breaking seals.
the tendered tendered whose votes are the marked copy of the register the (2)The returning shall take proper precautions refeuing, to the counterfoils officer shall not himself to prevent of the used baHot papers.

any other person refer, and paper which has not on its back the What ballot 48.Any ballot ffi · 1 k d" papers not to o e1a mar , or on w 1c votes are given to more can 1-be counted.

dates than the voter is entitled anything marked by which the voter can be identified, and not counted.
to vote for, or on which except the number on the back is written shall be void h" h or · 49.The Returning Officer shall indorse cc rejected and shall add �:�!s. "

on Reiecte<l paper which he rejects any ballot to the indorsement in fact made by any agent to his decision, report and not counted the number of ballot by him under the several to the Council cc rejection as invalid, and he shall papers rejectetl Report heads of- thereon.
to" if an objection objected is (a)want of official mark; (b)voting for more candidates than entitled (c)writing (d)unmarked or void for uncertainty, or mark by which voter could be identined; to; and shall, to copy the report on request, before it is sent.

allow any_agents of the candidates 50.The decision of the returning of any ballot officer on any ques-How far paper shall be final, n of decisio _ or :����111.

the election to reversal on petition questioning in respect tion arising subject return.
1694 OH.

87.

NEIV A.illSTERDAM TOWN COUNCIL.

in Procedure case of obst.ruction of election.

51.Wherever the proceedings rupted or obstructed polling station, further holding of the election working the returning day, and so on as often as necessary.

at an election are inter­ by any riot or open violence at the officer may adjourn the at the station until the next Declaration of result of poll and return.
after the close of the poll, 52.-(l) As soon as possible but not later than eleven o'clock working day next thereafter, attend at the polling station of the poll and declare of the Council, and shall forthwith a return of the member elected.

the person elected the returning and state publicly in the morning on the to be a member ofiicer shall make to the Council the result M:aking false return; penalty.
(2)A returning officer who wilfully return shall forfeit may be recovered Court at the suit of anyone aggrieved.

the sum of five hundred with costs by an action in the Supreme makes a false which dollars, Case of equality of votes.

53.Where two or more candidates have an equal number the returning of votes, of the result of the election, right of choosing of the Council.
one of those candidates and the Council shall have the to be a member officer shal1 make a special return Rcturr1 of particulars of voting to be made to Council.

54.The returning ofiicer, as soon as may be after any shall make a return to the Council, election, number of those who appear to have voted, spoilt from the counterfoils, supplied.
and the number of those to whom, voting papers appear to have been shewing the the number of ballot papers, Pitpers to be sent to Council: 55.The rcturuiug ofiicer, as soon as may ue after mak­ ing the return, shall send the parcel made up by him in accordance with section to the Council, who shall keep it in safe custody, none to have access forty-seven to it: of this Ordinance and allow that- Provided (a)when an election questioni return, Registrar, relating the Council deliver ng the .validity pet1t10n has been presented of an election or a on the order of the shall, to the election that is in dispute; of papers and to him the parcel (b)after the expiration of any election of papers used at that election.
of three months from the day the Council may burn the parcel ProviijO: duty of Council therein.

NEW AMSTERDA1vI TOWN COUNCIL.

CH.

87.

1695 56.No voter who has voted at any election any proceeding for whom he has voted.

to question the election, required shall be, in Protection to state to voter.

OFFENCES RELATING TO ELECTION.


applies of another, who at an election whether for a ballot be the that name person, or dead, or of a fictitious at the applies 57.Everyone paper in the name name of a person living or who, having voted once at an election, same election guilty of a misdemeanor be liable any term not exceeding paper in his own name, shall be and on conviction thereof to imprisonment with or without two years.

hard labour for PwtishmeoL.

for a ballot shall l'crsonatioo.
58.-(1) Everyone who- (a)forges or counterfeits, OLh�r or fraudulently or -:X:':fe:Can­ defaces paper or the official mark ors; any ballot destroys, ; or, thereon due authority, supplies a ballot paper to (b)without or anyone; (c)fraudulently puts into the ballot box any paper by law other than that which he is authorised to put in; or · ( cl) fraudulently takes out of the poll1 ng station auy ballot (e)without paper; or, due authority, interferes destroys, with the ballot box or or takes, opens, otherwise packet of ballot purposes of an election, papers then in use fo.r the and be liable, of a misdemeanor officer or clerk employed sh.all be guilty returning to imprisonment with or without dollars, five hundred ment for any· term not exceeding without dollars.
at the polling for any term 1not exceeding hard labour, or to a fine not exceeding and if he is anyone else, to imprison- if he is the penalty station, with or one hundred or to a fine not exceeding three months, hard labour, one year, therefor; (2)An attempt to commit any offence specified in attompt,i; in the manner in which commit Lhem.

to this section the offence itself shall be punishable is punishable.
59.In any information to the ballot or prosecution papers, therein for an offence and other things may be stated box, ballot the property in relation in use at an election, be in the returning officer at the election.

to La.ving properLy in formation in .

1696 dH.

81.

NEW AMSTERDAM 1'0WN COUNGlt.

Duty of secrecy by officer present at polling stations.

Voter not to be interfered with.
60.Every officer, clerk, and agent, in attendance at closed, station and shall not, shall maintain communicate, and aid in maintaining except for some pur­ as to the polling the secrecy of the voting in that station, before the poll is pose authorised by law, to anyone any information the name or number on the register Qf voters of any voter who has or has not applied for a ballot paper or voted at that station; or attempt to interfere or otherwi.se attempt to obtain in the polling information as to the candidate station on the back of the ballot paper given to any voter at the station.
station any for whom a voter in the is about to vote or has voted, or as to the number with, a voter when marking his vote, and no one whosoever shall interfere with, Duty of secrecy by officers present at c.:ount of votes.

61.
61.

Every officer, clerk, and agent, in attendance at of the votes shall maintain of the voting, and aid in main­ and shall not attempt to the number on the back of any the secrecy the counting taining ascertain ballot paper, or communicate at the counting been given in any particular at the counting as to the candidate f_or whom a vote has any information obtained ballot paper.

lndllcing voter to display his marked ballot paper.

62.--(1.)
62.--(1.)

No one shall directly or indirectly induce any voter to display so as to make known to anyone the name of the candidate for or against whom he has so marked his vote.

his ballot paper after he has marked it, Penalty.

(2)Everyone who acts in contravention visions of this section tion before a magistrate, hard labour, for any term not exceeding shall be liable, to imprisonment, six months.

of the pro­ on summary convic­ with or without Bribe,·y, treating and undue influence.
or before, or during of provisions may at any election, give any entertainment by himself or his agent directly or liquor or give, make over, or assign of any voter, in trust for any voter, 63.No candidate or after any election, indirectly to any voter whomso.ever, to any voter, or to the wife, child, or relation or to any person whomsoever or for his use or benefit, benefit of, the wife, child, or relation or indirectly, or reward, or any promise or security place, emolument, gift, or reward, vote or to recompense any election whatsoever.
any money, office, place or emolument, gift, for any money, office, in order to obtain any or anyone for a vote at that election or in trust for, or for the use or of the voter, directly NEW AMSTERDAM TOWN COUNCIL.

CH.

87.

1697 h h and meaning shall do, or be guilty mentioned, in and by the last preceding 64.
If any candidate manner and form therein things prohibited trary tot e true spirit and in each case, upon proof thereof the election be declared majority place, and the candidate incapable two years next after that election.

of doing, in On proof of bo or ��!n�!s,a.

any of the matters con-election of section, to h candida.to t en be aeclal'ed oft is Ordinance, g void.
on· petition questionin shall of that candidate has a shall take or return, null and void; and if that candidate of votes on the poll a new election of being chosen a councillor shall be adjudged during the space of the election so offending ve 9ouusi instrument vc • f d l 11 1 d h co atera an ot er security, 65.
All and every transport, manner to qualify of a Councillor, shall be deemed and taken against , and as against as valid and absolute con-executing lease, or assignment h f h · d ma e to anyone 1n a rau u ent or for purpose t ereo w atsoever, him to give his vote at any of qualifying collusive voter to be election deemed valirl those persons who executed it,.
every on , covenant, b d tract, between or agreement, of them, for redeeming, port, lease, intents and executes and everyone election of a Councill sum of five hundred doll:us the Supreme or any it.

the trans- shall be null and void to all who makes and everyone aforesaid, or assignment any transport, who, by colour thereof, gives any vote at an Penalty personB executing and voting by colour Lhereof.
whatsoever; lease, or, sha11 for each offence forfeit to anyone suing therefor or with those parties, or assignment, or defeating and purposes revoking, the in Court.

person� .

on or anyone whomsoever or any of them, with respect officer, clerk, or disob_eying the provisions of this ���!1'ru�t to any matter or pro�sions of be 0rdmance: to be sued in the Supreme Court by any registered candidate, 66.Any returning wilf�lly contravening Ordmance, thing which he is required .
liable voter, aggrieved, defendant pay the sum so awarded, party who sues therefor for the sum of five hundred dollars: i� the action with foll costs of snit, to the and the him shall having iudgement member actually for the offence, returned, to do, shall, or other party against Liability of : Provided- Proviso.
(a)that the action shall be commenced within four months next after the cause of action shall and that notice in writing calendar has arisen, be given to the defendant within one month after it has arisen, sign eel hy the party bring­ ing the action, or bis solicitor, and setting, 1698 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.

and forth the place of abode of the party s1gmng the notice; (b)that any defendant been recovered to plead the judgement action or thing.
as a bar to any other him for the same matter in the action shall be allowed whom judgement against against brought has ion to Objr<'1 return by candidate vo1Pr.

or 67.
or 67.

A petition complaining of any councillor, may be presented of an undue return or hereinafter called to the Supreme undue election election petition, within four days after the return or election or more of the following person who-- by any one that is to say, some an Court persom;, (a)voted or had a right to vote at the election to which the petition relates; or (b)claims to have bad a right to be returned or elected at the election; or (c)alleges himself election.
to have been a candidate at the Proccdnre thereon.

it shall deposit 68.-(l) On presenting a sum of two presenting hundred and forty dollars, with one or more sureties for payment of that amount, and the sum so deposited n,n election petition with the registrar or give security or secured the person (2)The registrar tion unless the sum aforesaid shall be security shall not receive for costs.

and file any peti­ is so paid or secured.

Trial of Pleo­ tion pcti1ion.


69.-(1) Every election petition shall be tried by a judge of the Supreme Court, sitting court.

without a jury in open (2)At the conclusion of the trial, the judge shall.

whose return or election whether the councillor determine is questioned, or any other and what person, returned or elected, shall certify the determination the certificate being given, and the return shall be confirmed tion held, as the certificate.
and upon shall be final: or a new elec­ with the in accordance the determination or altered the electjon to the Council: case may require, or whether was void, and was duly Procedure at 70.At the trial of an election trial of elec- tion petition.

shall, as near as circumstances petition, l d · b h and the judge shall have the same powers, wil a m1t, e t e jurisdiction same, and the procedure NEW AMSTERDAM TOWN COUNCIL.

CH.

87.

169!)
CH.

87.

169!)

as if he were trying a civil action without a shall be subpmnaed as near as circumstances and sworn in the admit, as in the authority, jury; and witnesses same manner, trial of a civil action to the same peni:1Jties in the Supreme Court and be subject for perjury.
71.If any candidate or voter, after objecting to an � 1�re �b­ , shall not pro?eed to try its vali?ity, or �i.����a1�/0t and vexat10us IS uedared frivolous he is clccl arcd frivolous, incurred to pay all the costs and expenses �lect�on or _r�turn_ 1f his pet1t1on shall be liable by the candidate objected, the Court out aforesaid, costs and expenses, by action to whose election those costs and expenses or return he has so.
to be paid by order of as of the money to be deposited and if that money is insufficient or secured to pay all the the balance thereof in any court of competent that if the candidate or return shall, or return, jurisdiction: to Proviso.
or voter so objecting within five days after to whose aforesaid give notice to the candidate shall be recovered is made, that it is not his intention then and in that case the thereof, to pro- candidate shall not be entitled to recover Provided any election the election return objection ceed to try the validity last mentioned the costs or expenses aforesaid.

POWERS AND FUNCTIONS OF THE TOWN COUNCIL.


72.The Council to assess, and direct or any of the following levy and raise town taxes, the collection and appropriation thereof, purposes, namely,- shall have full power and authority may Council raise taxes.
and to superintend for all and stellings, bridges, (a)tbe maintenance of the public street�, thoroughfares, dams, trenches, sluices, places, kokers, of the town which are vested canals of the Council; the control or discharge (b)the exercise roads, drains, ways, in or under of any authority for the benefit of public health obligation, within the town, vested in or imposed Council or any other Ordinance by the Local Government on the or ; (c)the supply of water for the use of the town as herein (d)the provision provided; and maintenance of any burial gr,'ound, public garden, pound, market or slaughter-house; Ordinance, Chapter 84-.
1700 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.
(e)the lighting of all public buildings, thoroughfares, stellings, town, and the manufacture or electric light for all purposes, private, a radius of five miles of the town hall; streets, roads, of the and supply of gas public or and within within the limits thereof and bridges (t)the acquisition of land under the provisions hereinafter contained; and upkeep of a fire brigade and (g)the equipment the payment of any necessary staff; (h)the repayment of any moneys raised on loan as specified, hereinafter interest on any part time being not repayable; and the payment of of those moneys for the (?°) the payment of the salaries and wages of all by the duly employed officers aud servants Council; (j)the payment of any expenditure which the Council �s by this or any other Ordinance mcur; authorised to (k)any other purpose for which under this or any other Ordinance levy and raise taxes; the Council is authorised to (Z)the appropriatio n out of the town funds of any sum, not exceeding dollars, disposal it thinks fit to be placed at the personal of the Mayor; two hundred and :fifty (m)the award of any pensions of its officers or servants be paid out of the general Council.
or gratuities seeming to it just, to revenue of the to any Ry-l>1ws.
73.-0) The Council laws with respect to that is to say,- may from time to time make by­ all or any of the following matters, (a)the restriction township; on sub-division of lots within the of public recreation of the number, dimensions, grounds; and to be (b)the regulation (c)the regulation general erected (d)the prohibition and style, character of buildings on lots in different portions of the town; of the establishment of provision parts of number of in other parti:; shops and manufactories in certain the town, and the regulation and manufactori.es those shops of the town; of the NEW AMSTERDAM TOWN COUNCIL.
CH.

87.

1701 (e)the supervision , control, and regulation of hackney carriages drivers thereof; and carts plying for hire and of the (f)the supervision.
owners and boatmen in the harbour rates and fares to be charged of New Amsterdam by them; and regulation of boats plying for hire control, and the of the (g)the control and regulation of porters, jobbers, and hucksters; (h)the regulation ( i)the protection (j)the safeguarding of a fire brigade; from fire; of buildings and removal build­ ings, and the removal (le) the marking of boundaries, of dangerous of obstructions; and the fencing, lots, the o-pen spaces to be left thereon, control public ; the streets (l)generally, of the and other through of the streets, places, and the moving of cattle all matters public stellings, connected of the town and the proper with the rule and good government observance of the provisions of this Ordinance.
to the approval who may alter and (2)Each by-law shall be subject Council, and Legislative the Governor amend it when submitted force on its publication or at any other later time mentioned shall have the same force and effect as if it were enacted by an Ordinance.
after that approval in the by-law, to them, and shall come into in the Gazette and of (3)There may be attached for a breach of it, not exceeding any by-law may contain a breach of it, and also to seize and relation the power to arrest forfeit and any person for any article in to any by-law a penalty dollars, one hundred to which a breach guilty (4') Everyone of the Council which no special penalty penalty not exceeding or any provision one hundred dollars.
of a by-law has been of au offence against committed.

any by-law in this Ordinance, shall be liable is imposed, General for for 1��:�f!.
to a 74.The Council may from time to time appoint out of Appointment nature as it thinks its own body so many committees special the discretion by means that- of the Council, of those committees: Provided either fit, for any purposes would be better which, in regulated of a general or �;mmittees: (a)the acts of every committee of the Council; shall be subject and approval to the Proviso.

VoL.

rn.-17 1702 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.
(b)the Council upon it by this from time to time al1 or by any other Ordinance may delegate or any of the powers conferred Ordinance to the matters mentioned (a), (b), (c), and (d) of section this Ordilil.ance not more than three persons Mayor and two others, a person appointed and the other a person nominated with the approval to an executive of the Governor by the Governor consisting of the of whom one shall be in regard in paragraphs seventy-two committee of of in Council by the Council in Council.
,\nnual ac­ count and estimate.

TOWN TAXES.
75.The Council 'shall, not later than the month of by the Council during the preceding signed by the Mayor, exhibiting in each year, transmit to the Governor in Council a expended , and year; and the February a report in writing, minute account of a11 the moneys received, applied during the preceding report shall contain a short smnmary of the proceedings of the Council and correct estimate of the sum required year, together with the 11,mount to be levied published Gazette and in a newspaper the town, for the information town.
for that year; and those documents in Council of the colony circulating and an of the current of the town tax intended statement of tbe funds of the Council for the shall he in the in by order o·f the Governor of the inhabitants year, and also a true expenses of the Levy of annual town tax.
for 76.-(1) After the documents have been so published may levy, and they are hereby one month, the Council authorised to levy, for the current the appraised town, including all lots and buildings Crown or colony, year a town tax upon within the of the the property to meet the estimate.
value of all lots and buildings sufficient (2)All those lots and buildings for the tax or taxes; sh· I be liable and the mount of the tax against ny of the lots and over and bove all other the said lots executable or taxes due by or claimable buildings shall be preferent of whatever nature, and buildings or against thereof, thing in any law or Ordina ce to the· contrary standing; and exc]uf:ively or proprietors any­ notwith­ solely purposes, or school, or educational due to th Crown or the colony, used for r igious the oprietor they < e against c pel, mosque, but no church, except claims whether claims and l\TEW AMSJ.
'ERDAM 2.

'0WN COUNCIL.

CH.

87. l703 a_s the case may �e, and poknd occupied able en· subject shall be h tively, Mary's Convent, � exempt.
ew Amsterdam, therewith to any town tax, and St. respec­ shall be similarly shall pay every Mode _of ����:0�1:; or instalments 77.-(1) All persons whom it concerns of published from time to time in the Gazette by the Council tax to the Town Clerk in the proportions and at the times directed by notice the colony circulating is hereby authorised of payment, irt default by summary execution and empowered to proceed against is hereby declared (2) The recovery to receive for the recovery them, and, of them in default.
not to be limited of which they in the town; and the Town Clerk and in a newspaper the property but the Council to those taxes within the year for the service have been imposed, authorised payment commencement thereafter to do so, receive of the taxes remaining of this Ordinance and empowered remain unpaid.

of all arrears unpaid at the or which at any time may, and it is hereby and enforce 78.
In any proceeding b • for the recovery several a t ere may e Inc U e 111 one an t le same SUlll- taxes in one 1 d d · d l ( ) h rnons all taxes for the time being recoverable in sun:rnwns.

of the same lot of land, whether respect or without of town taxes,-1n�1usion thereon; with of town (b)the signature .

.

ocmnent buildings of the Town Clerk subscribed to any JJroof of a statement conta1mng for taxes in respect with or without f h amount of O t e amount town taxes of each lot of land, sued for.
buildings proof of that signature d claimed whether and with- shall, out proof of any other matter or thing, be and for all other purposes, deemed, that the amount so claimed prima facie evidence is due and payable; in all courts without thereon, (c)a summons against .

the proprietor or the represen- llfode of serv- .

f 1 t f 1 d mg summons O any O O an , for recovery f h O t e proprietor tative thereon, the of town buildings with or without whether not being taxes.
name of that owner or representative mentioned, served or, if there is no building, bridge, thinks shall be deemed to be sufficiently building, then to any railing, tree, or post on the lot which the marshal most suitable if it is affixed to the principal for the purpose.

VoL.

rn.-17A 1704 CH.

87.

NEW AMSTERDAM TOWN OOUNOIL.

Tnterest to be charged on any unpaid inst,alment.


79.When any instalment of tax remains unpaid for at the rate of six per centum per annum more than one month from the date fixed for the payment of the tax, interest from that date until the date of the payment by way of surcharge ment shall be payable of the instalment and shall be recoverable provided of the instal­ upon the amount in the manner of the instalment.

for the recovery Appoint­ ment of auditor and audit o� accounts.
80.-(1) The accounts of the Council shall at some date and the thirty-first day of who shall by the Auditor notice the first day of ,January between March in each year be audited give one month's the date of his intention and at the audit any ratepayer at liberty to communicate with relating of the Council.

the audit shall be borne by the Council.
in writing to commence to the accounts may be present the Auditor the work of audit, and shall oe on any matter The expenses to the Town Clerk of of (2)An account of all duly made up and balanced and applied and receipts year preceding in the Town Clerk's the books, con­ and of all moneys expended during the financial with all rate books, account vouchers, moneys received by the Council audit, together tracts, accounts, shall be deposited during office hours thereat payers for fourteen copies or extracts and the Town Clerk or other officer or servant Coun.cil, liable or who alters or allows up, or refuses to a penalty relating thereto, office and be open of all rate­ days before the audit who may take therefrom without payment of the who fails to do so, when made shall be liable to be altered thereof, twenty-four to make up that account the account to allow inspection to the inspection not exceeding for so doing; dollars.
Penalty.

(3)Any ratepayer to the accounts objection auditor whether whether by law.
authorised shall hear·and determine the objection any item of the account present at the audit may make before the auditor, and the each objection, and shall, is made or not, state in writing not is in his opinion before any court of with costs any sum which may by action (4)Any ratepayer competent jurisdiction recover from has been paid or applied or taken who has authorised any member of the Council or application, or if the part) in authorising payment was not so authorised, from the person who was the Town Clerk making the shall be paid to the Town (5)Any sum so recovered that payment without payment or application.
lawful authority Clerk in aid of the town funds.

NEW AMSTERDAM TOWN COUNCIL.

CH.

a-;.

i705 (6)The Council may appoint auditors audit and may remunerate for the pur­ them as pose of making monthly it deems fit.
(7)The accounts and setting of any moneys raised expenditure repayment sions of this Ordinance at any time be audited department expenses duly authorised of the Council apart of certain in respect of t�e sums annually m or any amending on loan under the provi­ Ordinance may by the Auditor in writing or any officer of his by him, and the of the audit shall be borne by the Council.

OFFICERS OF THE TOWN COUNCIL.


· d may appoint a town clerk, 81.-(1) The Council superintendent, a manager and an engineer, an engineer f 1 · k d o e ectnc wor s an water wor s, a c er o the Council, the market, one or more sanitary officer, and any other officers the Council deems necessary, : emoluments that- Provided from time to time and may also fix their salaries a town Appoint­ or a manager ment of f officera of 1 k a health inspectors, and Proviso.
k of a town clerk, (a)the appointment tendent, a manager and engineer works and water works, and a health officer with, to previous shall be subject in of, the Governor approval and the previous and Council; a town superin­ consultation of electric (b)in the case of those officers no dismissal or reduc­ tion of salary shall take place without the approval (c)the Governor with the Council or to dismiss notice, ing a three-months' employment.
and may after consultation the Council of those officers, of the Governor in Council direct to suspend or, on giv­ his to terminate in Council; either (2)The salary of the Town Clerk shall be not less pounds sterling than three hundred annual increments pounds sterling town clerk shall be that amount as if this provision been in force at the date of his appointment.
pounds to four hundred of the present per annum, and the salary of twenty-five per annum rising by had 82.The Town Clerk shall be ex officio the receiver of Receiver town taxes.

or town taxes.

1706 CH .

87.

NEW AMSTERDAM TOWN COUNCIL.

Security by the town clerk and the clerk of the market,.
83.The Town Clerk and the clerk of the market shall to the satisfaction each give security amount determined by the Council, ful performance accounting for and paying of the Council in an for the true and faith­ of bis duties and the due and punctual over all moneys received by him.

Fee for searching l'CCOl'clS.

Appoint­ ment.

Oath.

84.A fee of forty-eight cents in aid of the town funds shall be paid to the Town Clerk for searching of the Council and giving information or appraised in the town.
value of any lot or building the records as to the ownership TOWN CONSTABLES.

85.-(1) The Council may appoint the number of town constables they from time to time deem necessary for the apprehension of offenders provisions of this Ordinance and of the by-laws made under it, and for the performance by the Council.

of any other duties from time to time against the directed (2)Each town constable uniform and baton.

and receive to time determined by the Council.


(3)The Councill may at any time dismiss any town shall be furnished with a the monthly pay from time constable for misconduct or neglect of duty.
shall, on to 86.Everyone appointed a town constable his appointment him, take before the magistrate or within two weeks after it is notified the following oath:- " I, A .B., do swear that I will well and truly serve our Sovereign lord the King as a town constable for New Amsterdan:i if need be, whenever thereunto help me God"; and shall thereupon trate authorising him to act as town constable.

:receive a precept signed by the magis­ and as a constable required.-So generally, Rcsignrttion.
y for I'enalt unauthorised resignation.

87.No town constable shall be at liberty office without giving three months' previous receiving town constable out giving that notice or receiving liable to a penalty not exceeding to resign his notice er and any his office or ceases to act with­ that permission shall be twenty-four dollars.

from the Council permission who resigns to resign; Neglect of duty.
88.Any town constable who- ( a)is guilty of any neglect or violation of duty in his office; or NEW AMSTERDAM TOWN COUNCIL.

CH.

87.

1707 (b)refuses or neglects to obey a lawful order of the Council or any of its officers, shall be liable dollars, and shall forfeit not exceeding to him.

all pay then due to a penalty twenty-four Penalty.

89.
89.

'Everyone who ceases to serve as a town constable to the Town ��dn:r.�:� b_v days thereafter, and baton with which surrender he is provided, person ceas­ mg to servt'.

Surrc!1dP.r within seven shall, Clerk the uniform and if he fails to do so, he shall be liable hard labour with or without months, and the magistrate search are found.
for and seize the uniform for any term not exceeding may issue his warrant to they wherever and baton, to imprisonment, two in whose house he ��t:�: on 90.When a Town Constable dies, his heir, executor, or Delivery and baton, shall be bound death.

the uniform or the householder o�her representative, dies possessed of within fourteen the Town Clerk, or householder to a like punishment section, warrant wherever and the magistrate to search for and seize the uniform they are found.
days after the death to surrender and every heir, executor, failing aforesaid to that provided may in like manner issue his them to to do so shall be liable in the last preceding and baton, or representative, 91.Everyone OBSTRUCTION OF OFFICE.RS.

who assaults, by the Council, officer of the Council, employed and by virtue it, shall be liable dollars.

molests, or any town constable, or obstructs any Assaulting of .
or anyone ��cec of his duty under e ounc, · 1 in the execution of this Ordinance to a penalty or any by-law made under not exceeding twenty-four Penalty.

92.Any officer of the Council of doing any act under the provisions or any town constable Violence or nno anc� f hi 0 C:!'ic�.

or gives any uncalled-for or of any by-law made under it, uses t?e violence � shall be liable, on the complaint and of fifty dollars; Pem,lty.
to a penalty not exceeding who, under pretence of this Ordinance any unnecessary vexatious annoyance, anyone aggrieved, and one moiety of the complainant aid of the town funds.

shall be paid to the sum recovered and the other moiety to the Town Clerk in 93.The members of the Council, Ordinance power, by themselves, and of the by-laws made their officers and servants, to enter at for the purposes of this Powers of have �ntry -�f the under it, shall ounci = 1708 CH.

87.

NEW AMSl'ERDAM TOWN COUNCIL.


Proviso.

all reasonable hours in the daytime or building within the limits as well of inspection to be executed by them, without proceeding on account : thereof as of execution into and upon any land of the town, for the purpose of any work authorised being liable to any legal Provided that, except when it is herein otherwise vided, the members of the Council servants shall not make that entry, of the occupier expiration of twenty-four given to him.
of the land or building, hours' notice except with the consent until after the for that purpose pro­ and their officers and Linbility of the Council for act of its �ervant.

94.Tne Council in its corporate capacity shall be liable at the suit of anyone or neglect of any of its officers and.
responsible in damages, aggrieved, for all sorts and acts of omission duty, misfeasances, and malfeasances, and servants in all matters authority or employment; vants shall be liable full amount of the damages and costs, suit as between but each of those officers or ser­ in the with all costs of and responsible solicitor and client.

to the Council within the scope of their of of Recovery penalties g,,ncrally.

95.Any penalty recovery for by and in the name of the Town Clerk.
provision whereof imposed no special under this Ordinance, is made, may be sued for the TOWN APPRAISEMENTS.

rJ',·ienninl appraisr­ mcnt.

96.The Council may order and direct a general appraisement of all the properties in the month of January in every third year.

in the town to be made Appoint­ ment of ap­ praisers, and o:1th of ap­ praiser umpire.
and 97.-(1) The Council may, from time to time as it thinks if they are not members or proper appoint appraisers, officers of the Council, and may fill up any vacancies either the appraisers or in any other by death, manner.
for the purposes of this Ordinance, in the number of occurring refusal resignation, to act, (2)Every appraiser, mentioned- hereinafter and every umpire appointed as (a)shall receive at the remuneration rates and on the terms the Council thinks proper; (b)Rh all, before upon his office, take and sub­ for his services he enters an oath before scribe the Mayor, who is hereby NEW AMSTERJJAM TOWN COUNCIL.

CH.

87.

1709 authorised faithfully, duties of his ofiice.


to administer honestly, and diligently perform it, that he will the 98.

The appraisers by the Council, of the town, and in making the appraisement shall, whenever so appointed the several appraise ise­ lots and �;;:.

Making regard to their condition and locality directed buildings shall have special respectively.
99.-(1) The appraisers, in the discharge of their duty, Powers of shall have full power and authority on any lot between and six o'clock in the evening the hours of six o'clock to enter as aforesaid in the morning !

;���i��rs.

(2) Everyone who assaults, or obstructs an Penalty for.

in the discharge appraiser penalty may be recovered shall be applied not exceeding twenty-four of his duty shall be liable dollars, of the Town Clerk and and the penalty on the complaint in aid of the town funds.
to a obstruction.

of any business day.

molests, to have become deteriorated The proprietor, of any building 100.-(1) proprietor, siders appraisement a re-appraisement at the close of the current of the building year: of a Provision or the representative as within the town which he con-��-�����nt, the Council in value since the last to make may at any time require which shall take effect Provided that, before re-appraisement is made, he shall Proviso.
pay into the town funds the smn, not exceeding fifteen fixed by the Council as the cost of the re­ first dollars, appraisement.

(2)The Council in every year of a re-appraisement town erected ceding that re-appraisement.

shall have power to order the making in the of all buildings pre­ during the year immediately or improved 101.-(1) When an appraisement under this Part is Subseq�ent completed, it shall be lodged where all information that it has been lodged shall be forthwith Gazette the town.
and in a newspaper may be had respecting �� it; and notice ment: in the published of the colony circulating in the office of the Town Clerk, ::�!fse­ in oce (2)Any proprietor, or the representative prietor, improperly who considers appraised that his lot or building may, within one month from the day of a pro­ has been 1710 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.


when the appraisement notice in writing from the notice appoint appealing appraiser, is lodged, appeal therefrom by to the Council, who shall within one week one appraiser, and the party shall within the like period appoint another to make a new appraisement.

Proviso.
Proviso.

(3)If a difference of opinion with respect occurs between to the true value of the appraisers the property n n umpire, so appointed required whose decision that before Provided appellant ing ten dollars, appraisement.

the new appraisement is made, the shall pay into the town funds the sum, not exceed­ fixed by the Council as the cost of the new to be re-appraised, they may appoint shail be final : VESTING Ai�D ACQUISITION OF LANDS.
ty I'roper vested in Council by Ordinance to remain vested not­ withstand­ ing repeal.
and other erections, 102.All lands, and all lanes, dams, parapets, and all other property or in anyone on behalf of the or otherwise, buildings, roads, alleys, stellings, streets, drains, sewers, ever vested in the Council Council, by Ordinance, the control for the purposes tion at the date of the commencement shall, the repeal notwithstandim.g vested in and under the control poses of this Ordinance_ transport, of the Council of the Council of the O['dinance, remain of the corpora­ of this Ordinance, or under for the pur­ whatso­ trenches, T'owers of Council; a,cq uisition of property: Proviso.
103.The Council (a)to acquire, shall have full power and authority -- purchase, and hold lands and other pro­ for the uses and and immovable, of the corporation, and the property to sell, exchange, lease or movable perty, purposes or any part thereof mortgage: Provided exchange, exceeding immovable bf the Governor intention published weeks; that the Council alienate, three, may not sell, lease for a term of years the lands or other or mortgage, property except with the approval after notice in Council, to apply for that approval of the has been for two successive in the Gazette purchase or possession of lands, for certain purposes; (b)to purchase, or under and subject tions and regulations ticular Council case approved to take possession to any restric­ or in any par­ by the Governor in of, all lands and generally NEW AMSTERDAM TOWN COUNCIL.
CH.

87.
1711 buildings requires following (i)opening within the town which the Council to enable it to effect any of the objects, namely,- any new, or extending widening or improving or public thoroughfare, any public (ii)digging place; well or reservoir any public for tank any existing, street, water, or establishing or fountain; (iii)establishing ing place; any public stelling or land­ (iv)making any new, or extending or or im­ drainage proving any existing, sewerage; (v)improving town; the sanitary conditions of the (vi)erecting ; cipal purposes any public building for muni­ (c)to purchase, or under and subject tions and regulations sion of and demolish, Town Superintendent so situated, in his opinion from any cause, of fire : that the certificate aforesaid any building certifies to any restric- demolition s = to take posses- of building which the in writing to be or in such a state to increa�e shall set forth at length as greatly the Proviso.
the risk Provided reasons of the Town Superintendent for his opinion.
to f for which possession · · setting it shall present to the Governor wishes to take posses-Petiti�n Ull er t e prOVISlOnS the Council d h a petition of f h · Council to O t IS Governor in in ciuncil is �:ishlng (c) of the t?-1rn posses­ the Town ��;e�-�Y­ 104.-(1) Whenever · SlOn O any property Ordinance, forth the object Council, sought and, in any case coming under paragraph shall send in with the petition section preceding certificate.
Superintendent's (2)The Council tion and, whenever thereof, property, recorded, sentative, owner, representative, shall cause copies Council or to be served are required holder of a lease when known, to be affixed to some con-· and published spicuous shall also cause a copy of the peti­ is necessary, a copy owner or representative of the and, in the case of ]and held on a lease duly if the owner, repre­ of the lease, also on the holder or holder thereof or holder of the lease known, the part of the property is known; but if there is no the certificate to be served on the of which copies in each of all documents, on the owner, representative, 1712 C:e:.
87.

NEW AMSTERDAM TOWN COUNCIL.

number, for three successive every newspaper published and of weeks, of the Gazette in the city of Georgetown.
Governor in Council may authorise Council to tnke possession : 105.At the expiration of thirty required to days from the time before required the day whereon to be made on any owner, has been or holder of a lease as aforesaid, they were so sent the Governor be laid are sent in to him, and on proof to his satisfac­ or holder herein­ required to be affixed were duly affixed on or, before when the documents in Council tion that the service representative, duly made on or before in (or, in cases where the owner, representative, of a lease is not known, on proof that the copies before the day on which the documents the publications hereinbefore duly made, cause is shown by the owner, representative, it seems a lease, and if to the Governor to take meet, pass a resolution, that property possessi on of the property, shall at once vest absolutely for the object or objects to, and may at once, take possession no transport, transfer, necessary : Provided were so sent in) and that to be made have been and it shall be entitled of the property, and thereupon in the Council, that the price or value of the property, set ·forth in its petition, in Council may, or conveyance authorising if no sufficient and shall be the Governor the Council in Council required or holder of thereof when in the manner herein­ or assessed shall be retained or determined, agreed, in the hands of the Town after provided, weeks and public notice thereof Clerk for two successive given by him in the Gazette of the and in a newspaper colony circulating in the town, and during that time the in his hands shall remain liable amount so retained and leviable who would by law have been entitled thereof.
of any creditors to oppose the passing at the instance of a transport Proviso.
Assessment of value of property where per­ sons inter­ ested are known: interested in property 106.When the persons whether on is taken, of leases as aforesaid, are known and no agree­ possessi holders ment for the price of the property them and the Council, assessed in manner following, the value shall be determined that is to say,- can be made between as owners, representatives, or of which or ( a)(i) if the price claimed does not exceed two hun­ dred and forty dollars, the value shall be deter­ mined by the magistrate who is hereby authorised, either of the Cotmcil or of anyone interested of New Amsterdam, on the application, on NEW AMSTERDAM TOWN COUNCIL.
CH.

87.
1713 in the question the other side, to give notice interested at a time and place specified notice before to appear before him in the notice, the clear days to be served the day named for appearance; at least fourteen to all parties of and forty on any application may give paragraph in the ques­ interested and on some day to be the value, two hundred (ii)on the appearance or in the of the parties, may and to all the parties to the appeal provided not less than seven or more for the time being in force from the decisions of any of them, the magistrate exceeds the magistrate, in the preceding absence hear the matter and determine may in his a·ward give to any party a reason­ able sum for costs and expenses; and his award shall be subject by any Ordinance appeals regulating magistrates ; (b)if the price claimed dollars, mentioned notice tion, that at the registry named in the notice, than ten clear days from the service jury will be struck a place and on a day to be named in the notice not less than twenty-one service magistrate ing the value assessed; least five clear days before for the striking intimation to strike required (c)the jury shall consist thereof, a by the registrar; to the registrar the jury; of seven persons, of the Council in the question, or in the service any interest by the registrar of the jurors' the time being in force regulating of jurors' list kept under any Ordinance the keeping not members and not having and shall be struck from and out for of the jury, shall give written and a jury for the purpose at the registry clear days from the of hav­ at that he will be thereof, parties and that, at lists; and the magistrate, the day appointed will be heard before the and shall summon (d)when a jury has been struck, make out a special the registrar shall writ or precept for forthwith that jury to summoning, in the appear at the time and place specified (b) of this sec­ notice tion; and the summons shall be served on each juror at least two clear days before which his appearance in paragraph is required; mentioned the day on 1714 CH.
87.

NEW AMSTERDAM TOWN COUNCIL.
(e)at the time and place appointed, the jurors, or any assess to be taken and by a majority on their oaths or affirmations of number of them not less than five, who appear shall, before the magistrate votes, magistrate shall thereupon the amount so assessed any party and expenses, award in the registry; and any judge of the Supreme the amount to be paid; and the for and may also award to amount for costs and a reasonable deposit Court may grant execution give judgement the judgement and shall thereon Proviso.
Provided that any party aggrieved costs may, within one vveek after the deposit in the registry dollars the Supreme Court.

and on giving security for costs in appeal, appeal therefrom of the award to the amount of fifty by the award as to by petition to Asscssmont of value of property where parties inter­ ested are not known.
in the property interested shall first procure 107.-(1) If tbe parties not known, the magistrate ment of the property sons and, if the appraised dred and forty dollars, exceeds a jury in manner hereinbefore provided, assess an appraise­ per­ two hun­ by himself, and if it shall proceed to be made by two disinterested with to determine or and forty dollars amount does not exceed shall proceed two hm1dred are the value.
(2)The notices on hereinbefore are known shall in cases where a jury is to be struck required be addressed to be served to all whom it part of the at least seven and in all the day appointed for the and shall also be parties who may concern and affixed to some conspicuous property, clear days before the day appointed cases at least three weeks before determination or assessment published in the Gazette circulat at least seven clear days before and in all cases for at least three weeks previous appointed for the determination value.
of the Colony ing in the town, in cases where a jury is to be struck of the value, and in a newspaper to tbe day of the or assessment the day appointed therefor, (3)Any party interested appearing to the notice as if the notice the Council to be heard and to proceed sball be entitled bad been served on him; but if no party claiming interested appears, the final close of the matter, determined or assessed and may be paid out by order of a judge of the Supreme Court, on the petition right thereto.
and in that case the amount to be ex parte up to of any person or pers�ms shall be deposited may proceed proving a in the registry, therefor, NEW AMSTERDAM TOWN COUNCIL.

CH.

87.

1715 (4)Any money so deposited and not claimed within one year after the date of the deposit registrar into the Treasury of any Ordinance unclaimed and balances dividends and be subject to the provisions for the time being in force relating to paid into the Treasury.
shall be paid by the 108.Whenever any dispute or w en m t e a sence o any ISpute any doubt, as to the apportionment of the amount determined arises among several Dispute or ct· h · doubt as to t e mag1s-apportion- f or ment of or assessed, and the appor­ that ;��;:r as­ 1 · h · h b c a11nants, trate entertains appropriation amount shall be deposited tionment the Supreme of any interested party.
in the registry, thereof or appropriation shall be determined by Court or by any judge thereof, on the petition 109.At any hearing under this Ordinance and their witnesses and witnesses shall be enforced may be examined may be summoned in like manner as is provided of witnesses for the time being in force regulating the parties Examina­ on oath or !

:c'.

':; a;��r:: and their muneration 0_ .

interested affirmation, attendance by any Ordinance procedure jurisdiction, scribed before thereunder.
magistrates and shall be entitled in the exercise of their civil to any remuneration pre- WATERWORKS.

for sanitary the town with a supplv Couucil may J construct for and maintain purposes, use to the extent waterworks.
or any of them the Council • 110.The Council may provide and the Council and for those purposes fires, and for private lay down, and maintain all works, matters • of water proper and sufficient extinguishing required; may construct, and execute proper; waterworks power of this Ordinance water, and may make reasonable charges and the water so supplied shall to convey pressure dwelling-house sure directed by the Council.
constructed sufficient shall provide and keep in any or laid down by them under the a supply of pure and wholesome for the supply, laid on at a be constantly it to the top story of the highest pres- within the town or any other suitable waterworks and do and things necessary and who wilfully 111.Everyone injures, constructed nance, or unlawfully water from any waterworks or opens a?y l?ck, cock, waste or mamtamed by the Counci:l flushes, or carelessly breaks, Misuse of pi_pe, or wate�·work�, :;:�nces under this Ord1-or diverting or takes wate1.· = or maintained draws off, diverts, so constructed 1716 CH.
87.

NEW AMSTERDAM TOWN COUNCIL .. Penalty: Proviso.
or wilfully or from any water, creek, works are supplied, causes the Council, exceeding dollars written or stream by which the water­ or negligently wastes or to be wasted any water with which he is supplied by a penalty not penalty of five is continued after for every day on which the offence notice forfeit and a further shall for each offence, twenty-four in that behalf dollars, Provided that nothing herein owners or occupiers of premises creek or stream flows from using it as they would have been entitled to do if this Ordinance shall prevent the or by which any had not passed.
by the Town Clerk: contained through Fouling water.

Penalty.

112.
Everyone who bathes in any stream, reservoir, con­ or main­ throws, therein constructed or other waterworks, any animal, rubbish, filth, stuff or permits, or causes therein, or boiler, drain, engine, or improper any water belonging duit, aqueduct, tained under this Ordinance, or washes, cleanses, or causes to enter, or thing of any kind whatsoever, suffers to run or to be brought sink, sewer, unwholesome, ever whereby its management reservoir, structed forfeit a penalty further penalty offence is continued the Town Clerk.
or does anything whatso­ to the Council or under , or any water contained in a or other waterworks, so con­ shall for each offence, and a twenty-four dollars, for every day on which the in that behalf or the water of any or other filthy, conduit, or maintained, not exceeding of five dollars after written aqueduct, is fouled, or control notice wat�r, by FIRE BRIGADE.

Control of fire brigade.

Proviso.


in Council and Legislative may bv order in the Council may by that the control and m;a,nagement direct shall be transferred from the Council untiff further order or resolution, of the to the or for 113.The Governor or the Governor Gazette resolution.
fire hrigade Governor in Council a specified period : Provided that,- ( a)the cost of equipment and upkeep and payment of any necessary the Governor approved bbrne equally revenue (b)the expenditure mutually agreed between staff, as in Council by the Le_gislative by tlie Council and thei public and the Council and Council.

shall be of the colony; and so incurred by the Council shall be deemed to be expenditure which the Council NEW AMSTERDAM TOWN COUNCIL.

CH.

87.

1717 is authorised paragraph Ordinance.


to incur within the meaning of (g) of section of this seventy-two THE POUND.

114.-(1) The Council shall keep a pound at some con-Appoint­ place within the town; and public notice of the ment.

of a place to be a pound shall be given in the venient appointment Gazette the town.

and in a newspaper of the colony circulating in tendence affected (2) The pound shall be under the charge and superin- and shall not be in any way ment.

of the Pounds Ordinance.


Chapter ua.

of the Council by the provisions (3)The appointment vested in the Council, sums of money payable nance shall enure for the benefit of the pound-keeper and all pound fees, under the shall be and penalties, of this Ordi­ provisions of the town funds.
Managc­ 115.When any stray is found trespassing on private Stray on the town, the owner or person in P��:1:es or land withi1:1 10n of the premises premis�s possess the pound, and for so doing he shall receive the sum of forty-eight thereof gelding, pony, mule, bull, cow, ox, two cents for every ass, and twenty-four calf, sheep, or goat.

steer, or heifer, thirty- cents for every or land may send the stray to P cents for every horse, mare, from the keeper 116.
Any animal found grazing the fee for its grazing on the town savannah, Stray on has been paid to tbe town town savan­ unless superintendent be deemed a stray, one duly authorised he shall receive from in the last preceding and the town superintendent, by bim, may send it to the pound, the keeper thereof section.

the fee mentioned nah.

person, or some- and or some other duly authorised shall on any public 11 7 .-(1) The owner or person for the time being Stray on.

pony mule ass stre�t or 111 . '
' ' burial ' 0 , heifer, or calf, tethered, grazing, in charge of any horse mare crelding ' bull, cow, ox, steer, street, straying the town, or within the burial ground hereinafter tioned, thereof dollars; cow, ox, steer, by any member of the police by anyone authorised shall be guilty of an offence and on conviction shall be liable and the horse, heifer, and impounded force or town constable, by the town superintendent, to a penalty mare, gelding, or calf, may be seized pony, mule, ass, bulJ, not exceeding or and any or ground.
men­ five Penalty.

road,, dam or place within VoL.

III.-18 1718 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.

sheep or goat tethered seized or straying by anyone.

and impounded (2)The same pound fees and expenses may be as aforesaid and received in respect receivable in respect shall be paid and of that animal as are payable or land.

of strays (3)All swine straying on private or trespassing premises on any pu.blie or private and their bodies shall belong to the destroyer.
or land in the town may be destroyed, premises Poundage money and expenses: any stray, delivering mare, gelding, cents for every horse, 118.The pound-keeper, before it the from the person claiming shall demand and receive sum of forty-eight pony, mule, bull, cow, ox, steer or heifer,and thirty-two cents for every ass, and the sum of twenty-four money, cents for every calf, sheep, or goat, as poundage one in section in addition to the reward mentioned hundred and fifteen and to the expense and of feeding shall be advertising the stray, and the pound-keeper cents per diem for entitled to charge the sum of twenty-four feeding each horse, mare, gelding, pony, mule, ass, bull, cow, ox, steer, or heifer, each calf, sheep , or goat, and no more: and eight cents per day for feeding the sum of Provided that the young of any mare, cow, ass, goat, or sheep, six months old shall not be liable sent to the pound with irts mother or dam and under to poundage.
Proviso.

Ti�?of.

119.-(1) All kine kept in the town shall be driven to 1 : �; 1:1:'Il.

and from the grazing the hour of eight o'clock in the evening.

savannah in the morning along the bacl{ dam before and after six o'clock (2)All kine brought info or driven through town for any purpose shall be so driven between of twelve midnight o'clock but kine may be conveyed any hour.
and five o'clock in a cart through the town at in the morning, the the hours (3)All kine driven in sub-section the town within the hours through (2) or as mentioned that is to shall be under proper control; snP-<'ified (1)of this section say, a single animal must be under the care of a minder or driver.

and when there are more animals than one they shall be yoked by twos or threes or more minders and shall be under the care of two or drivers.
in sub-section Penalty for (4)For any infringement infringement.

section the owner or person for the time being in charge of to a fine on conviction of any sub-section shall be liable of this the animal or animals not exceeding five dollars.

NEW AMSTERDAM TOWN COUNCIL.

CH.

87.
1719 the town Imp_oun?IDg one hundred of the last precedi_ng secti?n may be seized ;�::i;m· by anyone authorised into or driven through 120.All kine brought in CO?,travention and impounded th under section e and the same pound fees shall be paid and received in respect and receivable respect or land, and the owner or person strays claiming be liable possession (for the benefit of the town funds) to a fine of two dollars for each head of kine so impounded, also paid to the pound-keeper and that fine shall be the release as are payable premises of the kine shall in addition thereof on private to impound strays driven n of this Ordinance, ��=gh and seventee of the kine.
before in of 121.Everyone who- (a)damages or destroys thereto the pound, or any lock or bolt �:!
:;� or with which it is fastened; Rescue or e of belonging or (b)rescues or (c)rescues or release, releases , or attempts on the way to the pound any stray taken for under the the purpose authority of being impounded to rescue of this Ordinance; or attempts or to rescue or releases, any stray impounded this Ordinance before due course or release, under the authority of it has been discharged by of law, shall be liable to a penalty not exceeding fifty dollars .

Penalty.
Penalty.

No one who takes an animal to the pound may Riding or 122.-(1) way beat or ill-use ride or in any by any way other than the nearest it, or take it to the pound !

;:�s way thereto.

(2)Everyone who contravenes forfeit penalty all right of the poundage, not exceeding twenty-four shall this section and shall be liable to a dolJars.

Penalty.
Penalty.

or breaks thereof, of the owner 123.Anyone who drives off any animal from the Dr�ving off a gap in any fence a��;:; f�� 0 premises or enclosure, in order to make any animal a stray, takes any animal from private like purpose land in the town of which he is not the owner or occupier, shall be liable dollars be liable to the owner of the animal.
to a penalty , and if the animal is received to repay the full expenses in the pound, shall not exceeding of poundage in addition premises twenty-four or for the � pounding Penalty.

or it.

124.-(1) the intention t ree ours be ore senchng h h h Anyone who takes up a stray in th� town ,,rith Time of it more than se ndin it shall not detain of impounding g th l h s ray o .

e t t 1t tot e pound, un ess t e stray pound.

.

.

f Vor,.

rn.-18A 1720 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.

Penalty.


is taken up after sunset, the pound before eight o'clock in which case he shall send it to morning.

shall be on the following this section (2)Everyone to a penalty not exceeding who contravenes five dollars.

liable Keeping record of strays.


125.-(1) The pound-keeper shall keep a book in sending which he shall enter the date when any stray is received, the name of everyone person taking description, was sent and the sum paid to the party the book shall be open to the inspection the day without and marks of each stray, the place whence it and impounding; of anyone during it to the pound, with the colour, or delivering and the name of the a stray, any fee.
(2)The pound-keeper who neglects to make any entry in the book, or wilfully or demands any fee for making an entry, fifty dollars.

not exceeding to a penalty makes any false or incorrect entry, shall be liable Penalty for neglect or falsification.

Weekly publication of list of strays.

126.The pound-keeper shall publish once every week in circulating in the town a correct a neW1spaper the strays as recorded do so, he shall be liable to a penalty dollars.
in the pound, describing them to in his book; and if in any case he neglects five not exceeding list of all in every particular Penalty.

Providing grass and water for impounded stray.

Penalty.

127.The pound-keeper shall procure for, furnish, and to, each stray in the pound a sufficient quantity give druily of good grass and water; and if in any case he neglects do so, he shall be liable to a penalty four dollars, dismissal.
to twenty­ not exceeding shall be liaole to immediate and in addition Attendance of pound­ keeper or his deputy.
or someone appointed 128.The pound-keeper, by him as his deputy and for whose acts or omissions of any matter or thing under this Ordinance constantly responsible, shall hours of six o'clock in' the morning evening to receive deputy makes default to a penalty not exceeding in respect he shall be the be at the pound between in the and six o'clock all strays; and if he or his in that attendance, ten dollars he shall be liable for each default.

and deliver Penalty.

Hiring out or using stray.


129.If the pound-keeper- (a)hires out, lets, uses, works, or employs any stray; or NEW AMSTERDAM TOWN COUNCIL.

CH.

87.

1721 (b)allows any stray to be taken out of the pound wrongfully; (c)suffers any stray while or impounded to be ill-used or injured, he shall be liable to a penalty not exceeding fifty dollars.

Penalty.
Penalty.

130.-(1) If any impounded stray is not redeemed with-Sale �f and ::�� it shall be sold; ed in three days after the impounding, shall advertise the pound-keeper newspaper of the colony circulating except sheep and goats, and notify upon a board, to be placed in some conspicuous sale of all strays for two days beforehand.
for sale for one week in a part of the pound, the in the town all strays, intended (2)The sale shall take place between the hours of eleven and three o'clock and :the 1pound-keeper, due for rewards and the expenses, of sale : Clerk the balance after deducting of the proceeds the sums of money shall pay to the Town in the daytime; by public competition that if anyone proves to the satisfaction within three months after the sale of any stray, Provided magistrate, that he was the owner of it, the Town Clerk shall, order of the magistrate, proceeds hands.
upon the of the pay to him the balance of the sale of the stray paid into the Town Clerk's of the Proviso.

(3)Any stray duly advertised and put up for sale but not sold, may be disposed of or under this Ordinance destroyed by the pound-keeper.

131.If the pound-kooper chases a_ny uncla�med chase shall be v01d and the pound-keeper be liable not exceeding shall m add1t1on keeper void.

fifty dollars.

Penalty.

to a penalty directly stray sold out of the poun_d, or indirectly pur-Purchase by the .P?I-;�:!�t?
132.All penalties covery whereof no special sued for by a town constable aggrieved in the subject-matter provision has been made, may be ::�!!�1�;.

or by anyone interested .

of the complaint or imposed under this Title for the re-Recov�ry of .

THE BURIAL GROUND.

133.On the commencement public burial ground established any addition ing in that description of this Ordinance, in Stanley Town, includ- made thereto after the the Control.

1?22 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.


commencement of this Ordinance, of the Council; take charge thereof, per persons to be grave-diggers, the Council think fiit.

and a sufficient and the Council shall appoint number of a sexton to fit and pro­ shall be under the control with such remuneration as Laying out.

134.Tb.e burial ground shall be laid out in layers or and each grave in each layer or ,space spaces, bered in regular series, office.
be made and kept in the Tmvn Clerk's and a diagram of the ground shall shall be num­ M4folennncc.

135.-(1) The Council shall keep the burial ground free from bush and weeds and from nuisances shall keep in proper order and repair the fences, palings, bridges, roads, walks, and trenches avenues, and the drainage thereof.
of every kind, and of the ground (2)Anyone who, within the burial ground, in a disorderly manner or plucks the fruit or flowers or mjures any flowers, tombstone deposited or other constable burial ground by the ,Council, and shall on conviction liable , tablet, rail, or any other thing there fixed or may be arrested without or by any other person employed be by any town in the or any grave, vault, not exceeding twenty-five to a, penalty dollars.
a warrant or trees, shrubs, behaves Penalty for clisord�r or injury.

Regulations for graves.

136.All graves, vaults, or tombs in the burial ground and one another shall have a clear space of two feet between shall be placed in uniform parallel and each grave lines; shall be of the depth of at least four and a half feet and, until closed up, shall space of siix feet shall intervene of graves, tombs, or vaults and the fencings the ground.
line of or palings between the outside be kept clear of water; and .a clear Regulations for vaults and tablets.

to acquire 137.Anyone wishi[lg of acquiring a right of property a right to build a vault or to a grave with a railing, or brick grave, or to enclose place any stone or tablet upon any part of a grave for the purpose within the burial ground, the Council on payment to it of the value of the land to be occupied or enclosed cents per square foot superficial measure.
shall apply to the Council, and to grant leave to do so at the rate of sixty-seven is hereby authorised in the grave, NEW AMSTERDAM TOWN COUNCIL.

CH.

87.

1723 138.The Town Council shall have and be entitled to Fees.

and fees hereinafter mentioned, that is the dues, charges to say,- for the interment of the corpse the age of twelve .

.

.

$ C. of anyone above 3 00 for the interment of the corpse of an infant under twelve years of age .

.

.
.

.

2 00 for the interment of the corpse of each person above the age of twelve the public expense .

.

.

interred at 2 00 for the interment of the corpse of each infant at the under the age of twelve interred public expense l25 ground of every for the entrance into the burial hearse carrying the public expense .

.

.

a corpse not interred at 1 00 for permission to erect a tomb or vault, includ­ into the burial ing all fees on the entrance ground of every vehicle carrying materials therefor .

.

.

.
.

.

.

.

.

a 00 enclosing to erect a railing for permission .

.

.

.

.

.

.

.

.

3 grave, of a grave .

.

.

or any stone or taolet upon any part 1 50 to erect a head-board 1 50 for permission 139.Everyone who buries a corpse or causes it to be Prohibition buried in any yard, garden, place whatever to a penalty ninety-six dollars of the town funds.

of not less than fifty dollars to be recovered within the limits or in any other of buria l of _ of the town, shall be liable :�.
and not more than Penalty.

by the Town Clerk in aid or premises, ps ��� of of all inter­ 140.The Town Clerk shall keep a register Register the name, designa­ interments.
as far as practicable, ground, therein, interred specifying ments in the burial tion, sex, age, and nationality, everyone grave and the date of the interment; of every three months, shall lodge for the county of Berbice, deeds registry for that period; copy of the register shall be bound to deliver aforesaid to anyone applying charge therefor the sum of fifty cents.
a certificate and also the number of the and, at the end in the a duly certified or deposit for jt, and shall be entitled of any interment and the Town Clerk of to 1724 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.

ll' to set P a for use � o hurcl1es parts of burial grounds.
141.The Governor , on application behalf of the members of any Church in the colony, apart for the burial of the members of that Church those parts of the public burial grounds seeming the town to the Governor for the time being of fit and sufficient.

made to him on may set POWER TO BORROW MONEY.

Power to raise money by issue of bonds.

Application of moneys raised.


142.--(1) The Council, with the approval of the Gov­ ernor in Council, the jssue of bonds, the sums of money required purposes hereinafter and twenty thousand dollars dred and sixty thousand may from time to time raise on loan, by for the one hundred not exceeding in any one year or one hun­ mentioned, in the whole.
dollars in carry­ (2)The moneys so raised shall be applied ing out those improvements within the town which in the opinion out of the rates and taxes levied cannot be conveniently in any one year.

of the Council defrayed Form, amount, rate of interest, and redemp­ tion of bonds.

(3)The bonds shall be in the form, shall be issued for t.he amounts and at the rate of interest able at the times and in the manner decided with the approval of the Governor in Council.
and be redeem­ by the Council, Charging of principal moneys and interests on revenues and assets of the Council.

(4)Tbe principal morn�ys :rnrl interest bonds shall be, and the same are hereby, shall be payable general revenues and assets special Ordinance prior charge on those revenues in force.
already of the Council, in their order of priority, secured by the upon and out of the to any by any subject and assets charged Provision for re-payment of loan : such a proportionate 143.-(1) In order to provide loan under the last preceding apart from the general revenues each year, in addition to the interest the bonds from time to time issued, part of the capital sum of the bonds as will be sufficient payable.
.in the aggregate of any for the re-payment section there shall be set and assets to pay it as and when it becomes of the Council on the amount of (2)The amount to be so set apart each year for the for each special raised of the capital sum repayment shall be an equal proportion object sum so raised.
of the capital (3)Where the sum set apart each year cannot be immediately applied to the which it is applicable Council until it with the accruing npplied: of the bonds to by the Town can be so interest it shall be invested redemption Proviso.

Provided that when, in determining the amount to be set apart each year, any allowance is made for interest NEW AMSTERDAM TOWN COUNCIL.

CH.

87.

1725 to accrue on the sums to be invested, shall not be estimated obtained per centum per annum.
to be the interest at a higher rate than five 144.- (1) If any bond issued under this Ordinance the Council may cause a new bond to be ��nf defaced, is by Replacement efacetl to the bearer and may cause the defaced accident made and delivered bond to be cancelled.

(2)The new bond shall bear the same number, date, and principal subject to the same rules, as the original bond.
and be sum, and carry the same interest, that any Replacement been °; tf1 ent 145.The Council, on proof to its satisfaction before being paid off, may, if the number des;oy�tl has by accident with due security bond issued under this Ordinance lost or destroyed and upon being bond• and amount of the bond are ascertained the Council furnished for any loss to which it may at any time be subjected reason thereof, respects when so lost or destroyed the money due thereon by in all or, if any bond with the bond so lost or destroyed, to be paid off and discharged.
for indemnifying is overdue, the Council issue a new bond corresponding may cause 146.The Council shall hav0�ower from time to Temporary time to borrow money only }'tom its bankers on current account and solely to ap f the moneys, when necessary, towards the payment · any year of any of the votes on vN · .SS fr the annual estimate of the Council: jf advances: ,-0 , Provided tha every borrowing,, whether it be in the Proviso.
form of a loa or an overdraft ever, shall J;> repaid before year in y-nich the power to borrow has been exercised.

or in any other form what- n of the financial the expiratio MISCELLANEOUS PROVISIONS.

Procedure.

on in the name of the Town Clerk, and no pro- by, or on the part of, or Mode of instituted, 14 7.
All legal proceedings against the Council may be preferred, carried ceeding whatever death, resignation, reason of any change or vacancy in the Council by death, resignation, shall abate or be discontinued or removal of the Town Clerk, or by or otherwise.

by the and taking legal procee ngs.

di 1726 CH.

87.

NEW AMSTERDAM TOWN COUNCIL.

Mode of des­ cribing pro­ perty of Lhc Counril.

by or on the part of the Council 1 �8.


In aga1�st wise 1�properly belongmg intendenc :pro:per_ty, mg 1s mst1tuted any proceeding anyone for stealing, dealing to the Council e, it _shall :wort:, ?r thmg m respect 1s the property be_ su:fi?.cient or wilfully with any property, or under its management injuring, or super­ that the to state generally of the Council.

of which the proceed­ work, or thing, or other­ into by the Council, nor Exemption from per­ sona.I liabili­ ty of officer of the Council.
if the matter or thing has bee� 149.No _contract entered any or thmg done by it, or by any officer or person matter under its direction, shall, done, or the contract for th� purpose or any of its members Council claim, or demand whatsoever; liability, incurred by the Council in its corporate officer or person acting as aforesaid, repaid out of the town funds.
into in good faith the , subject to any action, and any expense capacity, or by any shall be borne and has been entered of executing this Ordinance personally actino· Protection of councillor and officer:s of Council.

s 150.The Council, and each and every member thereof, and each and every officer and servant and every person acting be entitled, with respect intended to the benefit tices Protection and protection Ordinance.
under the direction to all matters to be done under the provisions of the provisions thereof, of the Jus­ and things done or of this Ordinance, and each thereof, shall Chapter 25� Service of notice·on proprieto r occupier: or Proviso.

151.
151.

Where under this Ordinance any notice is required of any building or or occupier or occupier to the proprietor on the occu­ may be served addressed a.s the case may require, to be given to the proprietor land, the notice, thereof, pier thereof there is no occupier part of the building in the notice or land : building or if or left with some inmate of his abode, may be put up on some conspicuous or land; and it shall not be necessary to name the proprietor or the occupier of the .

.
.

in the colony Provided that when the proprietor .

of any bmldmg or are known to the Coun­ land and his residence if tha� owner is r�sid­ cil, it shall be the duty of the Counc�l required ing in the town, to cause every notice on him or left with some to the proprietor in some part of inmate of his abode; the colony other than the town, it shall be sufficient Council sends the notice by post, addressed and if he is resident to be served to be given if t.b_e to his residence.

NEW AMSTERDAM :1.
NEW AMSTERDAM :1.

'0WN COUNCIL.

CH.

87.

1727 152.-(1) The Attorney General or any registered voter Writ of man­ may apply to the Supreme Court in ?aj'::t?in.

for a writ of mandamus or for an of any by the Council to compel the performance under this Ordinance its civil jurisdiction injunction duty, act, matter, and performed the performance under this Ordinance, or to restrain act.
or improper of any illegal or thing to be by it as a corporation done it from (2)The Court shall have full power and authority to grant the application, so doing, whether there exists not.

being adduced for any other legal remedy or on just grounds (3)Every application when granted shall be pro­ ceeded with ment for the time being in force relatine- in manner and form directed thereto.
by any enact­ 153.-(1) All fines, penalties, under or by virtue of this Ordinance dred and forty dollars the Supreme Court in its civil jurisdiction case the contrary incurred of Recovery penal­ fines, two hun­ ties, and may be sued for and recovered in forfeitures.

unless in any and forfeitures exceeding is expressly provided.
(2)All fines, penalties, and forfeitures incurred two hun­ not exceeding be sued for and recovered of this Ordinance may, unless under or by virtue dred and forty dollars provided, who is hereby invested diction any order, to issue any warrant, which, under any of the provisions it is_ enacted .
magistrate to hear and determine may be made, issued, with full the matter, the contrary is expressly before a magistrate, power, authority and juris­ and also to make and to decide any matter of this Ordinance, or entertainfd by a 154.The Town Council may from time to time reduce Reduction or any fee, toll, due, fare, or charge fixed by this fbolitioiYs of or abolition shall and the reduction be pub-o���hirg�s.

and in a newspaper of the colony or abolish Ordinance, Jished in the Gazette in the town.
circulating the magistrate under any Procedure 155.
Every proceeding before of this Ordinance shall be commenced or proceeding of the provisions within six months from the time when the right of com- plaint be conducted, of procedure Ordinances dure before magistrates jurisdiction to the form by any for the time being in force regulating proce- in the exercise from the-decisions as near as may be, according to the appeal provided and be subject first accrued, and appeals shall and the proceeding of their summary of magistrates.

and appeal.

1728 CH.

87.


NEW AJVJSTERDAM TOWN COUNCIL.

Appropria­ Uon of fines and forfeit­ ures.

, and forfeitures recovered penalties of any of the provisions no express 156.All fines, under or by virtue nance, for the appropriation whereof that is to say, is made, shall be appropria one-third and the remain­ ing two-thirds shall be paid to the complainant, to the Town Clerk in aid of the town funds.

ted as follows, of this Ordi­ provision Several lia­ bility of joint pro­ prietors 01· occupiers.
157.In case of any demand or complaint to which two or more proprietors answerable, are jointly any one or more of them it shall be sufficient without Ordinance of premises �roceecl against manner proceeding rier�in contained shall prevent n.garnsL from recovering they would be entitled against the parties contribution in any case in whicb under this or occupiers to in any but nothing so proceeded by law to contribution.

the other or others; Description of proprietor or occupier.
158.Whenever in any proceeding under this Ordinance, whether mention mises, prietor or occupier jn writing or refer to the proprietor or otherwise , it becomes or occupier to necessary of any pre­ him as that pro­ to designate name or further it shall be sufficient without description.

Affirmation lieu of oath.


in 159.-(1) Every person who is authorised by law to of taking an oath may affirm in every case in affirm instead which by this Ordinance (2)If anyone taking any oath required Ordinance, or affirming instead fully swears or affirms falsely, perjury, aucordingly.

and shall be liable an oath is required to be taken.

by this of taking the oath, wil­ of he shall be deemed guilty to be indicted and punished