Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698075079928.pdf (Guyana)
A.:b.

1949.j NEW AMSTERDAM TOWN COUNCiL t No.

25.

43 OF 1949.

ORDINANCE No.

25 The New Amsterdam Towi1 Council Ordinance, 1949.

ARRANGEMENT OF SECTIONS.

-I Section 1.Short title.

-Section 2.

Interpretation of terms.

PART I.

TRANSITIONAL PROVISIONS.

Section 3.

Vesting of powers, rights and property in the of Former Council Section 4.References to the Former Council to be deemed to refer to the Council.

Council.

PART II.
Council.

PART II.

THE MUNICIPAL COUNCIL, THE EXTENT OF THE TOWN AND Section 5.Municipal Section 6.

Extent 0f the town.

Section 7.

Division of the town into wards.

THE DIVISION Council THEREOF IN.TO WARDS.

as established t0 be continued.

Section 8.

Section 8.

Section 9.

10.

Section PART III.

CONSTITUTION to be elected (1)Councillor for each ward.

in Council to nominate (2)Governor Qualification for election Disqualification for being elected as councillor.

OF COUNCIL.

councillors.


or for continuing as councillor.

PART IV.

QUALIFICATION OF VOTERS.

Section 11.

12.

Section 13.

Section Section 14.

·Section 15. of voters.

Qualification ·Disqualification of certain Qualification Premises Persons claiming property of joint owners as voters.

may be owned in succession.

persons.

qualification to be registered in town books.

PART V. 16.

Secticn 17.

Section 18.

Section Section 19.

Section 20.

21.

Section 22.

Section 23.

Section Section 24.


Section 25.

Section 26.

27.

Section 28.

Section Section Section 29.

30.

Section Section Section 31.

32.

33. officer.

to give notice.

of person absent.

by registering REGISTlli\.TION of notice by attorney officer.

lists.

to be kept by registering OF VOTERS.

Town Clerk to be registering officer.

Publication Registration Notice of claim by voter to be registered.

to he published.
to he published.

List of voters Original Voter omitted from list to give notice Objections.

Objector Registering officer to display to be open to public 1List Council Council administer Procedure Lists when settled in the GazeUe.

Decision· of the Council Voters lists to be conclusiv Lists to·.

be printed to hold court for the revision of list.

may adjourn court, oaths.

to be followed to be recorded inspection.

in register conclusive by Council.

· of voters and published until altered.

e evidence.
e evidence.

and copies delivered to persons paying therefor.

to registerin g officer.

lists of claimants and respondents.

and Mayor or presiding member may - j I 44 No.

25.]

THE LAWS OF BR1t1SH CtJiANA [A.b.1949.

PART VI.

ELECTION OF COUNCILLORS.

r t, I !'

!

than one are nominated.

of voters.

appointed by person elected.

time has expired.

for more than one ward to serve for one ward.

electio ns.

officer.

vacant.

of candidates.


e where more candidates may be held although and declaration election of councillors.

44 to 48 to apply to general Section Section Section Section S�ction Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 34, General 35.

Sections 36.

Returning 37.

Election 38.

Statement 39.

Oath by councillor.

40.

Person elected 41.


Term of office.

42.

Notice when a seat becomes 43.

Notice of day and place of nomination.

44.

Nomination 45.

Procedur 46.

Hour of voting.

47.

Returning 48.

Infringement 49.

Votes to be given by ballot.

50.

Preparing 51.

Directions 52.

Duty of voter on coming to vote.

53.

Duty-of returning 54.

How to vote.

55.

Persons 56.

Posting 57.

Non-attendance 58.

Preservation 59.

Returning 60.

Question 61.


Where a person claims to vote as an elector to be admitted of agents.

polling for voters.

officer to instruct to be put to voter.

officer to have copy of register within polling of candidate of secrecy.

s allowed of order.

place.

place.

as -that elector.

box.

to vote.

of ballot Section Section Section Section Section Section Section Section · Section Section Section Section Section 62.

Spoilt ballot pc1iper.

63.

Phys.ical incapacity 64.


Size and construction 65.

Counting of votes.

66.

Ballot papers not to be counted.

ballot papers.

67.

Rejected 68.

How far decision 69.

Procedure 70.

Declaration 71.

Case of equality of votes.

72.

Return of particulars 73.

Papers to be sent to Council 74.

Protection to v-oter.

in case of obstruction of poll.

of returning of result of voting to Council.

officer .final.

of election.

officer and voter at time of voting.

or agent not to invalidate any act.


voter if requested.

after another has voted and duty of Council thereafter.

PART VII Section 75.

Section 76.

Section 77.

Section 78.

Section 79.

Section 80.

0.f'FENCES RELATING TO ELECTIONS.

in information.

Personation.

Certain other offences.

Laying property Treating Collusive valid against Persons aggrieved and other offences.

instr'Ument contravening for purpose person executing it.

provisions party.
provisions party.

of qualifying voter to be deemed of this Ordinance liable to suit by PART VIII.

ELECTION PETITIONS.

to return by candidat Section Section Section Section Section Section 81.

Objection 82.

Procedur 83.

Mode of trial of an election 84.

Avoidanc 85.

Matters.

86.

Practice e of election to be determined and procedure.

e thereon.

petition.

on election petition.

by the election court.

e or voter.

A-D. 1949.J NEW AMSTERDAM TOWN CotJNcit t No.

25.

45 PART IX .....

Section 87 .


Section 88.

Section 89.

Section 90.

Section 91.

Mode of election.

Sum of money to be at personal Oath of office etc.

Mode of election of Deputy Mayor.

Oath of office of Deputy Mayor.

ELECTION OF MAYOR.

disposal of the Mayor.

·i PART X Section 92.

Section 93.

Section 94.

Vacation Validity Penalty of seat by Members.

of proceeding for sitting not affected VACATION OF SEAT BY MEMBERS.

by vacancy.

or voting in the Council when disqualified.


and granting of leave of absence.

PART XI MEETINGS OF THE COUNCIL.

meetings.

of Committees.

95.

Rules governing 96.

Appointment Section Section Section 97.

Section Section Section Section Section Delegation 98.

Travelling 99.

Validation 100.

Minutes 101.

Due constitution 102.

Pecuniary inter'est.

of Council signed by Chairman, of powers of the Council to Committees.

of Committees.

expens.es of proceedings.

to be evidence.

and Committees.


PART XII Section Section Section Section Section OFFICERS 103.

Appointmen t of officers.

104.

Duties of Town Clerk.

105.

Officers may be required 106.

Officers of Former Council 107.

Powe.r to appoint 1934.

Ordinance, OF THE COUNCIL.

to give security.

to continue in office.

officers for the purposes of the Public Health Section Section 108.

Council 109.

Regulations may award pensions and gratuities.

for good government of officers and servants.


j ·JJ PART XIII TOWN CONSTABLES.

of duty.

110.

Appointment.

111.

Oath.

112.

Resignation.

113.

Neglect i14.

Surrender 115.

Delivery 116.

Assaulting 117.

Violence or annoyanc Section Section Section Section Section Section Section Section Section 118.

Powers of entry.

Section Section 119.

Liability of Council 120.

Town cons.table of uniform of uniform and baton by person ceasing to serve.

and baton on death.

officer of the Council.


e by officer of the Council.

for acts.

of servant.

may lay information and prosecute before magistrate.

PART XIV.

TOWN TAXES.

Power to raise taxes for certain purposes.

Section 121.

Section Section Section Section Section Section 122.

Audit of accounts.

123.

Annual reports to levy.

124.

Power of Council 125.

Mode of recovering tax.

126.

Enforcement 127.

Lessee may recover Section of a lot.

128.

Taxes and interest prietor Colony.


of contribution of lot.

amount paid by him on account from co-proprietor of pro- preferent except as against Crown or to be submitted to the Governor.

Section Section Section 131.

Proof of amount of town taxes.

129.

Crown and Colony property 130.

Exemption of certain lands and buildings.

to tax.

subject 46 No.

25.

J THE LAWS OF BRlTISI ( GUIANA [A.r>.

1949.

Section Section Section 132.

Mode of serving 133.

Special 13.4.

Official sale of lots.

rate.


Receiver summation.

Section 135.

Council may not exempt from taxation.

or Registrar to deduct taxes due after -" PART XV.

TOWN APPRAISEMENTS.

appraisement.

may order general Section Section Section Section Section 136.

Council 137.

Appointment 138.

Duty of appr'aisers.

139.

Power's 140.

Re-appraisement of appraisers.

of entry of appraisers.

in value.

Section Ai,ppeal.

Section 142.

141.

Appraisement to be lodged with the Town Clerk.


of any lot or building which has deteriorated PART XVI.

VESTING AND ACQUISITION OF LAND, Section Section Section Section 143.

Acquisition 144.

Procedure 145.

Governor 146.

Assessment where Council in Council of property.

may authorise wishes to take possession the Council where persons of property.

to take possession interested _ · of value of property are known.

Section 147.

Assessment are not known.

Section Section 148.

Dispute 149.


Examination, of value of property where persons interested or doubts as to apportionment attendance and remuneration of amount assessed.

of witnesses.

PART XVII.

STREETS.

on streets.. in repair.

may remove structur to keep streets of streets.

Section Section Section Section Section Section Section Section Section Section Section Section 1,50.

Council i51.

Protection 152.

Encroaching 153.

Council 154.

Notice to owner of land to provide 155.


Owner of lot to provide fences.

156.

Taking over streets.

157.

Fountains, 158.

Trees.

159.

Abatement 160.

By-laws.

161.

Town Engineer ·dangerous.

162.

Offences.

163.

Council Section Section may stop traffic of nuisances.

may r'ecover expenses statues and monuments.

to streets.

·es over drains.

fences: · ) on any street which has become from persons causing damage PAR11 XVIII.

SANITARY CONVENIENCES.

Section Section S�ction 164.

Sanitary 165.


By-laws.

166.

Definition conveniences .

of "sanitary conveniences".

PART XIX.

Section Section Section 167.

Water supply.

168.

Misuse of water'.

appliances 169.

Offences.

or diverting water.

WATERWORI{S. PART XX.

Section 170.

Connection to be compulsory, efficient, and supply to be COMPULSORY WATER SUPPLY.

continuous.

A.D.

1949.]

' 'NEW AMSTERDAM TOWN COUNCIL [ No.

25.

47 PART XXI.

THE POUND.

to keep a pound.


Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 171.

Council 172.

Strays in town.

173.

Stray on town savannah.

174.

Stray on street 175.

Poundage 176.

Time for driving 177.

Impounding 178.

Offences.

179.

RWing or ill-using 180.

Time for sending 181.

Keeping record of strays.

182.

Weekly publication 183.

Providing 184.

Attendance 185.


Hiring out or using stray.

186.

Sale of unclaimed 187.

Purchase stray.

.

or in burial ground.

money and expenses kine in the town.

of kine driven through the town.

stray.

stray to the pound.

of list of strays.

grass and water for impounded or his deputy.

of poundkeeper stray.

of stray by pound keeper void.

PART XXII.

THE BURIAL GROUND.

Section Section Section Section Section Section Section 188.

Public burial ground under the control 189.

Maintenance.

190.
Maintenance.

190.

Regulations 191.

Regulations .192.

Fees.

193.

Prohibition 194.

Register of interments.

for• graves.

for vaults and tablets of burial of corpses in .

the town.

of the Council.

PART XXIII.

Section 195.

Council .

Section sanction 196.

Governor purposes Section 197.

Temporary loans.

BORROWING POWERS.

may borrow sums not exceeding of the Governor in Council.

$600,000, with the in Council other than those to which H was originally allocated.
application may sanction o.f any loan to Section 198.

By-laws.

PART XXIV.

BY-LAWS.

PART XXV.

Section 199.

Fire brigade Section Council.

200.

Power to destroy in order to arrest spread of fire.

FIRE BRIGADE.

to be under the control of the Governor in PART XXVI.

of penalties.

LEGAL PROCEEDINGS.

of acts of Former Council.

Section 201.

202.

Section Section 203.

204.

Section Section· 205.

Section 206.

Section 207.

208.

Section 209.


Section Recover¥ Ratification Ratification of liabilities No personal Protection Proceedings Reduction Limitation Affirmation.

for acts done in good faith.

and of officers for mandamus or injunction.

or abolition of proceedings.

of fees, tolls or charges.

generally.

liability of Former· of Council Council.

PART XXVII.

\ Section Section Section Section Section MISCELLANEOUS and documents or sale of immovable 210.

Transport 211.

Purchase 212.


Landing of cattle at New Amsterdam.

213.

Savings.

214.

Repeal.

PROVISIONS.

of title to be exhibited.

pr'operty.

---------------------- A.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

25.

49 I assent C.C.

\\tOOLLEY, Governor.

1949.

18th November, BRI1,ISII GUIANA.

ORDINANCE No.

25 OF 1949.

AN ORDINANCE to consolidate Mayor and Town Council provision for the good government of the town.

and amend the law relating and to make of New Amsterdam to the A.D. 1949.
[ 19th November, of British advice and consent of the Legislative follows:- 1949.]

with the by the Governor Be it enacted Council thereof, Guiana, as -i PRELIMINARY.

may be cited as the New Amsterdam Short title.

1.This Ordinance 1949.

Town Council Ordinance, 50 No.

25.]

THE LAWS OF BRITISH GUL.4.NA [A.D. 1949.

· 2.In this Ordinance -- "Council" means the Mayor and Town Council of New Interpre­ tation.

Cap.
87. means the Mayor and _Town Council constituted Ordinance; by the New Am­ "Former Amsterdam; Council" of New Amsterdam sterdam "lot" includes "market" cludes to be established the Council; Town Council a portion of a lot; means the New Amsterdam market every other public market now or hereafter and in­ in the town by the authority of "magistrate" District any magistrate District; means the magistrate in which the town is situate, of the Judicial and includes in the court of that Judicial sitting of or in receipt means the person in possession of the whole or of any part of the rents or whether in his of any land or tenement, or personal, representa­ or in the occupation ''owner" either profits own right or as a trustee tive of any other person, such land or tenement other than as a tenant from year to year, or for any less term, as a tenant at will; of "premises" includes messuages, ments, and hereditaments "street" includes _any highway, ease­ lands, buildings, of any tenure; and any public bridge, or passage, whether a road, lane, footway, thoroughfare or not; alley, "the town" means the town of New Amsterdam; "Town Clerk" means the person for the time being holding cil and includes the office of Town Clerk under the Com1- any person acting means a person qualified to vote for a coun- as Town Clerk; "voter'' cillor at elections.
TRANSITIONAL PROVISIONS.

PART I. interests, immunities, rights, shall be deemed to real and personal, is hereby declared to be ·vested and all property, to the Former Council vested in the Former Council Vesting of 3.

(1) All powers, authorities, powe_rs, and privileges rights and be vested in the Council property of belonging ormer .

th C .1 F in m e ounc1 .

Council the Council.


(2) Every Ordinance posing any duty Former Council to _the Former Council and so far as applicable, the Council Ordinance Reference 4.

Any reference to For:mer tion, or by-law made under any Ordinance Council to of whatever kind, public eme e de d be deemed to refer to the Council b t o re er o t f the Council.
or liability or providing shall unless the context or private, be read and have effect as if in such were substituted in any Ordinance, or for the Former Council.

in any rule, regula­ or in any document to the Former Council by this Ordinance.

as constituted shall giving power or authority to or im- upon or otherwise to the relating any forms of proceedings otherwise relating requires A.b.

i949.JNEW AMSTERDAM TOWN COUNCIL [ No.

25.

--------------------- -· --�,-�,,-- 51 ,-· PART II.
THE MUNICIPAL COUNCIL, THE EXTENT OF THE TOWN AND THE DIVISION THEREOF INTO WARDS.

5.

(1) Subject of this Ordinance, .to the provisions the mun-M unicipaf council icipal in and for the town, established as one body public Counc_il as estabhshed and corporate by the New Amsterdam 1891, under the name and style of "The Mayor and Town Council i?

be con­ u d and continued of New Amsterdam" � �f Town :J� by the New Amsterdam is hereby continued.

Ordinance, Council 1891.


Ordinance, Town Council suc­ (2)By that name the Council and may have and use a �ommon seal, and by and in the shall have perpetual cession name of "The Town Clerk of N �w Amsterdam" sued in all courts of justice.

may sue and be 'I EXTENT OF THE TOWN AND DIVISION INTO WARDS.

Schedule.

Extent of the boundaries the town.

6.

(1) For the purposes of this Ordinance, Df the town shall be as set forth in the First Schedule and shall include boundaries.

.
.

all the lands and buildings hereto within the sa,id First (2)The Council ation by the G_overnor Provided may, by resolution, extend the limits that, not less than one month's to confirm of the town.

notice in Council, subject of the .. to bring forward intention advertisement lating in the_ Gazette, in the town.
(3)The Council shall, such a resolution', shall be given by and in one local newspaper circu­ incorporation by this section, m one local · area so incorporated, the Governor newspaper in Council cause a notice and setting after the to be inserted as soon as convenient, in the Gazette and the of forth the fact of the approval in the town, describing circulating to such incorporation.
of any area in the town under the powers conferred ( 4) For all purposes any area incorporated relating cillors, ferred by this section, shall the town during the whole of the twelve months immediately preceding in the town under the powers con­ be deemed to have formed part of the date _ of such incorporation.

to the qualification of coun­ (5) Save as otherwise nance, all statutory in force and applicable of the limits shall extend and apply to the area so added to the town.
provided rules and regulations, to the town at the date of any extension by this section, expressly by-laws, under the powers conferred enactments, by this Ordi­ thereof in the Second Schedule 7.The town shall be divided into separate wards as set out Division of to this Ordinance.

the· town · into wards.

Second Schedule.

p ART III.

CONSTITUTION OF COUNCIL.

8.


(1) For each ward of the town for the time being there Councillor one member to serve in the Council shall be returned is duly qualified in the Colony, resident actually in this Ordinance.
provided who, being to be and elected as elected for each ward, election in the Council (2)The Governor of councillors, shall after any general to serve in Council until the end of the year in which the next general three persons in Council in writing nominate Governor to n<;>min- 52 No.

25. l 'PHE LAWS OF BRITISH GUIANA [A.D. 1949. ate coun­ cillors.
takes place, and jn case of death, resignation, illness, election or absence incapacity, cillor, may nominate place during the remainder prescribed ernor in Council; for election under the in writing Council.

in writing coun­ from the Colony of any nominated any other person to serve in his of ht, term of office or until a date at the time of the nomination by the Gov­ and any nominated councillor shall be eligible to the mayoralty or to any other office of honour Qualifica­ tion for election councillor.
az 9.

(1) Subject twelve, sections, every person shall be qualified thirteen, fourteen to the provisions and of of.
this section of this Ordinance, and fifteen (a)if his name appears of any ward respect to be elected as a councillor - in the register of voters in in the town; and !, ·(b) if he in his own right is the owner of a lot in the town of the assessed or hundred and fifty dollars; value of not less than seven (c)if during the six months immediately day of the nomination, of a house, building, parcel of land, in the town the rent whereof is at a month.
the rate of not less than twenty dollars preceding he was the tenant or occupier or part thereof, erection the or to the provisions (2)Subject a person elected (6) of this to section be a councillor shall be­ come vacant if, at any time during his term of office as councillor, and his seat as a member of the council of subsection a councillor shall cease to be qualified - (a)his name does not appear in the register of a ward in the town; or in respect of voters owner of a lot in the (b)he is not in his own right the value of town of the assessed hundred and fifty dollars, owner of such a lot, if he is not in his own right the tenant or occupier part thereof, whereof a month- or parcel of land in the town the rent is at the rate of not less than twenty dollars or of a house, building, erection and where he is not the not less than seven but a person does not cease under this subsection to be an elected ceases Clerk under subsection Ordinance.
to have the qualification (1) of section as deiivered councillor by reason only of the fact that he by him to the Town thirty-eight of this to be qualified (3)Where the name of a company appears in the register of a ward in the town, any person being a of the company shall, forty-four to the provisions be quali­ of this Ordinance, subject ( 4) of section a councillor, if the company is an owner, tenant as described in paragraphs (b) and (c) of subsection of voters in respect director or attorney of subsection fied to be elected or occupier (1)of this section.
that- Provided (a)if at any election or attorney pany is, by virtue of this subsection, cillor ney of the cor:npany is, by virtue of this subsection, of a com­ elected director for one ward and another a coun­ or attor­ a director A.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL t No.

25.


-03 in writing of another ward, then, unless or attorneys to the Town Clerk, a councillor elected all except one of the directors said give notice in three days after the election, intend to accept the office or attorney (in which event the remaining director the shall be deemed to have been duly elected), Council shall, in its absolute declare which one of the directors deemed to have been duly elected; as.
afore­ with­ that they do not or attorneys and discretion, of an elected shall be councillor I or attorney of a company is elected under this subsection, shall be qualified to be elected of any ward in the town, for a (b)where a director a councillor or attorney cillor term of office tion or termination mentioned elected, in respect director his election (4)Where the name of a wife appears of the term of office or attorney, shall be void.
and, if he is so which commences before the expira­ of the first no other director a coun­ of a ward in the town, her husband voters in respect ject to the provisions this Ordinance, is an owner, tenant or occupier : and (c) of subsection (1) be qualified of subsection (5) of section in the register of shall, sub­ of forty-four a councillor if the wife (b) as described in paragraphs to be elected of this section that- Provided as a councillor, (a)where a wife is an elected shall not be qualified section the town for a term of office the expiration office, null and void; and and if he is so elected, or termination councillor, her husband to be elected in respect under this sub­ of any ward in which commences before of the wife's term of shall be · his election (b)where a husband.
is elected under this a councillor his wife shall not be qualified .

to be of any ward in the a councillor subsection, elected town, for a term of office the expiration of office, and if she is so elected, be null and void.
or termination in respect of the husband's term shall her election which commences before registered (5)Where a person being the father or the mother of ( 4) of the father or the mother, as the if the to be elected in paragraphs an infant is section eleven of this Ordinance, ·case may be, shall be qualified infant (b)and (c) of subsection · as a voter by virtue of tenant or occupier (1) -of this section.
a councillor as described is an owner, subsection (6)Where a person is elected under subsection or under subsection this section by virtue of being a director pany, or under subsection a husband, being the father or mother of an infant, son shall cease to be qualified a member of the Council during his term of office ( 4) of this section as a councillor,- by virtue of such per­ a councillor, and his seat as if at any time to be a councillor, shall become vacant, (5) of this section or attorney by virtue of being (a)the name of the company, or of the wife, or of the (3) of of a com­ F M No.
25.]

THE tAws OF BRiTiSI-i GUIAN,;1.

[A.b.
1949. father or mother of the infant, does not appear in the register of a ward in the town; or as the case may be, of voters in respect (b)the company or the wife or the infant, fifty dollars, and as the case may be, is not in its or her own right the owner of a lot in the town of the assessed value of not less than seven hundred and company or the wife or the infant is not the owner of such a lot, if the company, infant, right the tenant or occupier erection town, the rent whereof a month,- twenty dollars the as the case may be, is not in its or her own or or parcel of land in the is at the rate of not less than or part thereof, or the wife or where the of a house, building by reason only of the fact that the company, but a person does not cease under this subsection as a councillor the wife or the infant as the case may be, ceases cmalifications (1) of section section (7)The provisions of subsections thirty-eight bv him to the Town Clerk under sub­ of this Ordinance.
( 4) and (6) of this sec­ mutatis tjon relating respectively the like extent as they apply to a husband and a wife.
to a husband and wife shall, to a wife and a husband in the same manner and to as delivered mutandis, apply to have the or to be qualified and in section eleven of this Ordinance, of the occupation or a parcel of land, the expres� of a house, erection (8)In this section where no rent is paid in respect or part thereof building, sion ''rent" or part thereof, to be let if the landlord rates, expenses erection (if any) rnecessar means the rent at which the house, building, or parcel of land might reasonably erection be expected and to bear the cost of repairs undertook to pay the taxes and all the -and insurance and other or parcel of land to command that rent.
y to maintain the house, building, Disquali­ fication for being elected or for con­ tinuing Council­ lor.

as election 10.
(1) Any person who, at the time of his nomination and or at any time after his -election, as councillor, (a)is the holder of any office or place of profit in the of the Council other than that of :__ gift or disposal Mayor or Deputy Mayor; or (b)is either directly pecuniarily partner, the Council, by virtue of the provisions or or indirectly, interested by himself or in any contract by his with is null and void or not; of any Ordinance whether the contract (c)is in default of payment of any taxes or rate assessed levied and raised under section one hundred and twenty-one of this Ordinance, to any lot to the councillor, belonging three months after the same shall have become due,- in relation for a period exceeding shall be disqualified been elected sitting is disqualified voting in the Council a councillor or voting in the Council, for continuing for being elected for continuing or, if he has a councillor, to be a. councillor and for as the case may be, and where _he to be a councillor his seat shall become vacant.
and for sitting or (2)A person shaJI not, for the purposes of this section.

A.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

25.


55 be qeemed to be pecuniarily Council with the in - by reason only of his having any share or interest (a)any agreement (b)any newspaper for the loan of money only; or in which any advertisement in a contract interested to the affairs of the Council relating is inserted; or ( c)any incorporated company or society does not hold more than one-fifth of land sale or purchase (d)any lease, for the same.
in which he of the shares; or any agreement or (3)Where any company - (a)is the holder of any office or place of profit in the gift or disposal of the Council; or (b)is either or its partner, directly or indfrectly, by itself in any contract interested whether the contract pecuniarily Council, of the provisions virtue following provisions (i)· the company shall not produce of any Ordinance shall apply, that is to say,- or cause to be officer the notice re­ with the is null and void by or not, the to the returning produced quired by subsection this Ordinance, it shall be null and void; ( 4) of section and if such notice be produced, of forty-four (ii)where a person has been elected nine of this Ordinance or attorney of (3)of section of being a director person shall be disqualified as a councillor, Council, shall become vacant.
and for sitting under subsection by virtue such to sit for continuing and voting in the a company, and his seat as a member of the Council ( 4)Where a wife is disqualified (1) of this section under paragraphs for being elected (a) as a her husband shall be disqualified for being elected and (b) of subsection councillor, under subsection ( 4) of section where if a wife were an elected qualified section voting in the Council, her section for continuing Council, vacant.
under paragraphs for continuing ( 4) of section nine of this Ordinance; councillor, (a) or (b) · of subsection and and would be dis­ to be a councillor, husband, if elected (1) of this and and for sitting under a councillor to be a councillor nine of this Ordinance, and for sitting or voting in the shall be disqualified and his seat as a member of the Council shall become (5)Where a company, or a wife is in default of any taxes or rate within the meaning of paragraph section on any lot belonging or the wife, as the case may be, the following apply, that is to say - one of this section of payment (c) of sub­ to the company shall provisions (a)the company or the wife shall not produce or cause to_ the returning to be produced required forty-four produced and void; under subsections of this Ordinance, to the returning ( 4) or (5) of section and if such notice is officer it shall be null officer the notice (b)where a person has been elected, under subsection (3)of section nine of this Ordinance by virtue of \ 56 No.
25.]
THE LAWS OF BRITISH GUIANA [A.D. 1949. of a company or under being a director of being -'t by virtue subsection a husband, qualified sitting member of the Council or attorney ( 4) of the said section a councillor, such person shall be dis­ and for to be a councillor or voting in the Council for continuing and his s�at as a (6)the provisions section relating �pply respectively and to the like extent as they apply to a husband mutandis to a wife and a husband in the same manner to a husband and a wife shall mutatis of subsections and wife.
shall become vacant.
(4) and (5) of this (7)Where an infant is the holder of any office or place of the Council, or is pecuniarily as described and in subsection in para­ (2) of payment of any taxes on any lot in a contract or is in default with the Council (1) of this section of profit in the gift or disposal interested graph (b) of subsection of this section, belonging the case may be, shall be disqualified right of the infant, n:i.ne of this Ordinance, continuing cil and his seat shall become to be a councillor a councillor to the infant, or, if elected the father vacant.
or the mother of the infant, as in the for being elected, (5) of section under subsection and for sitting or voting in right of the infant, for in the Coun­ PART IV.

QUALIFICATION OF VOTERS.

Qualifi­ cation of voters.

11.
(1) Subject to the provisions of this section and of sections twelve to fifteen inclusive be qualified be entitled the ward in respect to be registered to vote at the election of this Ordinance, every person shall shall as a voter and, when registered, for � of a member of the Council of which he is registered, the age of twenty-one (a)has attained (b)is not subject (c)is a British subject; and (d)in his own right is the owner of a lot in the ward in of the to any legal incapacity; years; and and if he - of which he applies value of not less than two hundred to be registered, dollars; respect assessed or (e)during the six months immediately to be registered as a voter, building, application in his own right of a house, thereof, or a parcel which he applies is at the rate of not less than five dollars shall be qualified - to be registered, of land, in the ward in respect the rent whereof a month.
as a to be registered or part erection of (2)A cornpany voter under this section preceding is the tenant his (a)if it was established or registered, in the Colony the United Kingdom or His Majesty's ing therein mandated not less than twelve months immediately the application British outside territories) Dominions and protected portectorates as a voter; the United Kingdom, preceding and (includ­ states to be registered under paragraphs (d) or (e) of sub­ (b)if it is qualified section (1) of this section.
(3) (a) Where a company or a married woman is regis­ tered as a voter under this sect�on,-the company or A.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

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57 ,'r- or at a specified woman, as the case may be, may deliver the married to the Town Clerk a notice that, at all elections under this Ordinance, respect her vote will be exercised person whose name, address and occupation described of a company, a director pany, and in the case husband.
of any ward in the notice mentioned, on its or her behalf by the are or an attorney of a married woman, her election, in its or such person being in the case in the notice, of the com­ (b)The company or the married woman may, at any time, by a like notice, cancel under paragraph keep a register subsection 0r a married· woman, be kept in respect of all persons to exercise votes authorised on behalf of a company shall register (a) hereof.

The Town Clerk shall and a separate of each ward.


under this any notice delivered (d)The Town Clerk !j,hall not receive �my notice which of a councillor to him between the third day after the (both and the date of election for the ward to which is delivered date of nomination days inclusive) the notice relates, a Mayor by the voters under section this Ordinance on which persons are proposed Mayor and the date of the election, clusive.
(4)The father, and, in the case of an · election of of eighty-seven third day after the day as and seconded both days in­ between the if personally and if there is no father then the mother, under paragraphs (a), be qualified (1) of this section, qualified to of an infant shall, (b)and (c) of subsection register under paragraphs as a voter under this subsection (d) or (e) of subsection (5)No person who is not qualified if the infant is qualified (1) of this sectiqn.
under this section shall be registered as a voter.

12.

(1) No person shall be entitled - voter who- (a)cannot read and write the English (b)has, within three months previous received or any relief from public or parochial to be registered as a Disquali- fication of or certain persons.
language; to registration, funds; (c)has been sentenced to death, or penal servitude, in any part of His Majesty's or imprison­ twelve dominions ment with hard labour for any term exceeding months, and has not either suffered the punish­ ment to which he was sentenced punishment it, or received authority a free pardon from His Majesty; substituted for or by competent or some other bankrupt; or (d)is an undischarged (e)being a person possessed tions is disqualified profession honesty, on account of any act involving the practice of his dis­ to exercise and during the period he is so disqualified.
of professional qualifica­ 58 No.

25.]

THE LAWS OF BRITISH GUIANA [A.D. 1949.

Qualifi­ of· cation joint owners as .. voters owned or occupied 13.Where any lot is jointly qualification joint owners or tenants by more per­ --t sons than one, each of the joint owners shall be deemed to have and the property of the Council, each of the for a voter, amount which, when divided tenants them according for each of them but not otherwise.
qualification is of an by the number of the owners or among or when apportioned of each therein, gives in cases of equal ownership, to the interest value or rent of the for membership if the assessed to have the premises a qualification Premises may be owned in succes­ sion.

14.The lot in respect of the ownership of a member, shall not be required a member of the Council, of which a person or to vote to be the same RhalI be entitled at the election lot but may be different to be elected .
that person, and he shall be entitled lots owned in immediate by of the pro­ his qualifi­ other than the one mentioned to vote in respect although possession, succession in property that that Town Clerk is satisfied is in respect perty held by him in immediate cation the list of voters is held by the person so entitled.
15.No qualification of property if the based on assessed value shall be deemed unless the persons st1fficient as owners in the books of the Town Clerk and the particulars the lot in respect of which the qualification therein.

recorded are registered of ·who claim thereunder is claimed are also Persons claiming property qualifica­ tion to be registered in town books.

PART V. - REGISTRATION OF VOTERS.

officer for the purpose of this Ordinance.


16.The Town Clerk shall be the registering Town Clerk to be regis­ tering officer.

in each year Publica-17.·(l) On or before the tenth day of January tion of the registering in the Gazette officer shall cause to be published in the town circulating by and in one of the daily newspapers notice register.- and to be posted at such one or more conspicuous places as he ing officer.
thinks fit within each ward, a notice requiring every person in of a member of the to him, upon or before of the person's claim to to vote at the election or cause to be delivered the ward entitled Council the fifteenth be registered to deliver day of February, as a voter.
(2)The Governor in Council a notice date _of publication the date before tered as a voter shall be delivered of the notice which the notice may by Order vary the under this section required of any person's , and claim to be regis­ to the Town Clerk: Provided that no person whose name is placed upon the of voters for the time being in force under this Ordi­ to make the register nance for any ward shall be required claim aforesaid so long as he retains thereafter the same qualifications.
Registra­ tion by attorney person absent.

18.The attorney, specially to be ·registered son entitled of Colony at the time when claims are required officer the registering may register in writing, authorised as a voter, of any per­ but absent from the to to be transmitted that person as a voter, and A.D.

1949.]

� NEW AMSTERDAM TOWN COUNCiL t No.

25.


59 at the time of sending in his notice of claim, officer a copy of his power of attorney to the produce duly deposited 8hall, registering or recorded in the Deeds Registry.

19.

(1) Between the fifteenth day of January Notice of and the fifteenth claim by in each year, every person entitled both inclusive, as � voter i?
any_ ward shall �eliver day of February, tP �e registered termg officer a notice of his claim to be registered according in the Third Schedule to the form contained and shall produce any deeds or documents necessary to the regis-;��I�t!�e�� as a voter, Third hereto, Schedule.

or other evidence to establish his claim to be so registered.
officer shall inquire into, examine (2)The registering the qualification the evidence of which the claim is to prove to his necessary in respect and investigate made, and shall receive satisfaction fi.ca tion in respect that the person making the claim possesses of which he claims to be registered the quali­ as a voter.
that the claimant is satisfied (3)If the registering officer of which the claim is made, the qualification in respect possesses he shall register otherwise the claimant in the manner hereinafter provided, he shall disallow (4)The registering the claim.
in officer, in the month of February whether any of those admitted and mentioned, made up as hereinafter preceding have ceased to retain the of which they were registered, each year, shall ascertain registered as voters in the list, in the year immediately qualifications in respect any of them are dead; and he shall, be made up by him in the month of March following after provided, every person whom he has cause to believe the qualification in respect write the word "dead" against for believing he has grounds write the words "objected the name of every person whom of which he was registered, has ceased to retain and shall to" against or whether to be dead.
as herein­ the name of in the next list of voters to of all those persons 20._ The registering to the form_ c_ontained day of List of officer, on or before the thirty-first list .for each·vot{8 �ole e · ��ur�h in the �ourth S�hedule of Schedu,,:.
as voters m the register are qualified in his opinion March in each year, shall make out an alphabetical ward, according hereto, voters then in force who in his opinion as voters, and of all those claiming he has allowed, to be published or more conspicuous until the fifteenth -Signed by him and also to be posted at any one places within each ward as he thinks fit, to be registered and shall cause copies in the Gazette, day of April then next· ensuing.
al)d of any other persons as voters whose claims so qualified, to be retained registered of the lists, 21.

The registering officer shall keep the original any person during office perused by fee, and the lists shall be sufficient held for the ward to which they relate rection hours without to warrant without as hereinafter provided.

lists, payment of any �sts to be (?riginal t to be being r:iistef­ any election awaiting their cor-ing officer.

22.
22.

(1) Every person whose name is not in the voters list Voter in accordance published who claims to be entitled voters list, shall, notice in writing not later than the thirtieth to the registering twenty of this Ordinance, in such irom.

hst give n�tf;;\0 day of April, to have his name entered with section officer of his claim.

register- omitte� ing officer.

60 No.

25.

J THE LAWS OF BR1T1SF1 GV1ANA tA.t>.

194Y.

Fifth Schedule.

hereto.

Objec­ tions.


(2)The notice shall be in the form in the Fifth Schedule 23.

Every person whose name is in the voters list may object to any other person as not being entitled retained therein.

to have his name � to 24.

Every person so objecting �bjector giv� "objector") shall, nobce.

publication of the list, deliver within fifteen to the person objected dent"), thereof or shall leave at the abode of the respondent, in writing.
to (hereinafter to the registering referred days after the date of the first officer and also to as the "respon­ notice (hereinafter to as an referred _offrer the claimants IS¥ ay be affixed in some conspicuous Registe1:-25.

The registering ing d rt c�:fm�nt and re-town between the fifteenth spondents.

year, both days inclusive.


and shall cause copies place near the outer door of the s Town Hall and in some other public place or places within the days of April in each officer shall make two separate and respondents, lists of to thereof and thirtieth List to be 26.

The registering open_ t� such lists open to public inspection, publ?

m-able hours between spec ion.


shall deliver the fifteenth without any fee, at all reason­ and thirtieth days of April and a copy of any such list to any person requiring it officer shall also keep a copy of each of on payment of the sum of twenty-four cents for each such list.

Council to 27.

(1) Before the fifteenth court Council shall hold an open court for the purpose �old re-list of voters.

h f�r.

t e v1s1on of list.


(2) The court shall be held on a day fixed by the Council, day of May in each year, the of revising the and not less than six days notice of the place at which it is to be held shall be given in the Gazette and by posting at any one or mor-e conspicuous within each ward as the Council (3)The registering officer shall deliver of the holding to the Council and of the court, the notice thinks fit.
places before the holding of the court the list of voters and the list of those claiming as aforesaid, voters or objected to as voters.
made out by him as to be registered ( 4)The Council shall go through the last mentioned list and shall insert of persons, every person who is proved to its satisfaction have his name inserted the name of every person who, upon the application objector or someone of the Council, not in the list of voters the name of to qualified entitled to be entitled out of the lists and shall strike therein, to appear for him, is, in the opinion therein.
of the to have his name retained does not appear in person, or by some (5)If the objector agent duly authorised shall be overruled retained on the list of voters.
by him in that behalf, the objection made shall be; , and the name of the respondent ( 6)The Council shall expunge from the list of voters the name of every person who is proved to be dead, and shall correct is proved to exist any error or supply any omission which in the lists in respect qualification of the name, place of abode, description therein.

of every person included or A.b.

1949.JNEW AMSTERDAM TOWN COUNCIL [ No.

25.

61 28.
25.

61 28.

(1) The Council holding a court may adjourn time and as often as may be necessary, court be held later than the thirty-first (2) The Mayor or presiding to administer voters or claiming the list of voters, to have any mistake and to all witnesses oaths to all persons claiming it to such Council �ay ad- but so that no adjourned day of May in any year.

�ur� d a member: shall ha:Ve power M�':or ��.

as presiding to be registered corrected in member on either side.

may ad- or omission produced 29.


(1) The Council shall in open court determine made before it, and the Mayor or presiding minister oaths·.

all claims Procedure each _name stru�k out of th_e �ist i011�:��cil.

member to be Y and shall sign his name to every page of the lists when and agamst any mistake therem, or omission and objections s�all write J:iis initials of voters or inserted , corrected, they are finally settled.
(2) If the Council ag�inst is of opinion that the claim or the the claim or objection of any person is without foundation objection shall pay the expenses resisting nesses, be recoverable diction made.
to which any person has been put in of wit­ shall for loss of time, and those expenses juris­ with costs before any court of competent the person by whom the ciaim or objection the expenses including and compensation against was or frivolous, he (3) A certificate, signed by the Mayor,· and purporting shall, in any proceedings, be to state the opinion evidence conclusive The lists of voters, of the Council, thereof.

30.
30.

(1) 1 shall be delivered when finally by the Council and signed Lists when �ettled to as.

aforesaid, to the registering officer who shall keep them, and shall cause the names in each cirJ!a.

in list to be recorded him for that purpose, and continuing shall cause the recording the deli very to him of the revised lists by the the numbers from the first name voters ::md series to the last name, and published ten days after in the Council.

Gazeite.
Gazeite.

to be completed within order in a book provided in alphabetical them in a regular beginning settled by register 'of (2) The book in which the revised of voters for the several lists are recor1ded wards for the twelve months, and the revised lists shall be published shall be the register ensuing in the Gazette on or before the fifteenth 31.
(1) The decision of the Council, shall be conclusive on the parties unaltered, · Ing as a O\ e · b T • Provided person aggrieved that any within four days from the date thereof, up a statement and submit it, within four days of the receipt of the Supreme Court for his judgment, and all costs in the proceedings judge.

of the facts and reasons upon which it is founded, thereof, to a judge which shall be final, shall be in the discretion of the day of June.

Decision so long as it remains of the.


or object-C ounc1 1 ive conclus may demand until claiming thereby that the Council draw alteted.

(2) The registering officer shall, if necessary, alter and amend the lists and register according to the on the voters lists shall be deemed Voters on the to b e cone w.nve 1 as a voter.

evidence.

to be enrolled voters hsts shall be deemed to be not enrolled 32.

Every person enrolled · as a voter, and every person not enrolled judgment.

• lists , 62 No.

25.]


THE tAws OF BRITISH GUIANA [A.D. 1949. .

of claimants Li�ts to be 33.

The Town Clerk shall cause the voters lists and the lists pridnted and shall deliver an copies .

h f delivered copies t ereo to any person on payment of twenty-four cents to persons for each copy of any such lists or roll, and tht: proceeds paying sale shall be received therefor.

by him on behalf of the Council.

and respondents to be printed, of such Part VI.

General 34.

(1) A general electi�n councillors.


days in December, of of the town shall be held every two years during the first fifteen the elections to take effect from the first day ELECTIONS OF COUNCILLORS.

of councillors election for all the wards of January in the ensuing year.
(2)The days and hours on and at which the elections are to be held shall be fixed by the Council meeting in October, shall be given in the Gazette the town and notices not less than or at its next meeting ten days before the elections.

and notice and one or more newspapers thereafter; in shall be posted in the wards of the town at its first statutory (3)All elections shall be held at the Town Hall or at any other place within the town which the Council from time to time appoints.
(4} The Town Clerk shall forthwith notify in writing every person duly elected of his election.
a member of the Council of the fact (5)Notwithstanding anything the first general of this Ordinance in the to the contrary election of coun­ shall be held dur­ this Ordinance, provisions of cHlors under the provisions ing the month of December, on such days and at such hours and at such places as the Former Council voters lists prepared teen hundred and forty-nine pared in accordance shall be valid in all respects tion.
shall be deemed to have been pre­ and of such elec­ the and for the purposes by the Town Clerk during the year nine­ with the provisions for all the purposes of this Ordinance, shall appoint, nineteen of such election, hundred and forty-nine, to 18 1° ance shall mutatis mutandis apply to a general election of this Ordin­ of coun­ to forty-eight forty-four inclusive held under section thirty-four of this Ordinance.

Section s 44 35.

Sections O ;��e�al elections.

Returning officer.

cillors 36.


(1) The Town Clerk, or some other person from time be the returning by the Council, shall officer to time appointed for each of the municipal wards at all elections.

(2)The returning officer shall not in any case be to vote at an election for which he is the returning entitled officer.

37.If an election is not held on the appointed the appointed day or the expiration of that time.
time it may be held on the day next day or within after that Election may be held although appointed time has expired.

AD.

1949.]

NEW AMSTERDAM TOWN COUNCIL [ No.

25.

63 38.


(1) Every person elected at any meeting in writing, a member of the Council thereof, deliver signed by him, of his shall, Statement before voting or sitting to the and Town Clerk a statement quali-declaratio on and �, in the form c<;mta!ned in the Sixth _Sche�ule hereto, ficatio �fecf:J� shall sign the ·m that Schedule Sixth as set out in Schedule.
and where any change occurs in the qualification to time deliver may from time such statement, of his qualification for the time to the Town Clerk a statement being, made in the manner and form hereinbefore in provided this subsection.
m the form contamed the councillor declarat10n (2)Every person so elected who wilfully and knowingly thereof, a false statement of his qualification, delivers declaration one-half and the other half to the Town Clerk in aid of the town funds, ti��� and the sum shall be recoverable, Court by an action Penalty the sum of five hundred dollars, delivering to any voter who sues for it, � f1lse ra ­ before the Supreme in the name of that voter or of the Town Clerk.
of which shall be payable or makes a _false for shall forfeit with costs, n (3)Any person contravening for election shall there­ as a member of the Council.

this section after be ineligible 39.

(l jEvery elected at the first meeting shall, he sits or votes in the Council, or make an affirmation Ordinance before the Council: - and nominat�d if possible member of t_he Council Oath of before his election/and councillor.
@JJ;er in the form prescribed take the following oath of office, by the Evidence ''I swear that I will, according to the best of my execute ability for the town of New Amsterdam, or partiality.

40.

If at ·any· election - So heln me God."

·� ·person the office of a town councillor without in and fear, favour, is elected a councillor for Pe;�on · .
more than one ward, he shall, thereof, choose, which of those wards he shall serve, deemed to have been elected _or so declared within three days after notice for more th shall declare, an b o�w� d e to serve and he shall thereupon for the ward only so chosen by him for one ward.

or in his default the Council by the Council.

41.

(1) Every member of the Council shall continue ,:r' ,l elected for ,-j / t '.

for the term of two years from the thirty-first next after his eleetion.
(2)The term of office of the retiring councillors cease on the thirty-first new Council shall then immediately day of December assume office: at midnight shall and the in office Term of day of December office.

Cap.

25. :J., L L \,t n (,' ·,<,_, 1 / � '-' l'-'"> occurring after a general election shall cease to fill a vacancy at midnight next ensuing on the thirty-first general election day of December is held.

42.
42.

(1) Whenever the seat of a member of the Council in which the in the Gazette and one or more newspapers becomes vacant a notice shall be forthwith Council h1 the town for an election the member whose seat has given to the returning officer.
of a new member in the place of ecomes thereof become vacant and intimation published circulating Notice by the when b seat (2)By-elections to fill vacancies occurring cause between the general in the Coun­ shall be elections cil from whatever held in the manner provided in this Ordinance.

Provided that the term of service of any councillor elected ., ( ·,;_ ·; 64 No.

25.]

THE LAWS OF BRITISH GUIANA [A.D. 1949.

Notice of day and place of nomina­ tion.

43.


(1) The returning officer shall thereupon cause to be in the in the Gazette and one or more newspapers places published, town and to be posted at some one or more conspicuous he thinks fit within the ward in which the vacancy has occurred, a notice of the day and place on and at which he will receive the nomination election.
for the seat to be filled by of a ca11:didate .., (2)The day so fixed shall not be less than five nor more than twelve days after the day on which the intimation officer.

was received 44.

(1) On the day and at the place so fixed the returning by the returning officer shall attend at eleven o'clock in the forenoon and for one and receive the nomination of any duly quali- Nomination of can 1 a es.

hour thereafter d'd t fied candidate for the seat to be filled.
(2)Every candidate shall be proposed and seconded by names appear on the register officer (whose decision two persons whose the ward, who shall give assurances returning that the candidate nomination unless his written elate of his nomination duced and deposited the nomination.
of a candidate consent, in the presence has consented absent from the Colony shall be void given within six weeks before the of two witnesses, is pro­ officer at the time of with the returning to the satisfaction upon this point shall be final) of voters for of the but the to the nomination, (3)(i) Every candidate nominated at any election of a to the returning member of the Council vvithin forty-1eight Clelivered and subscribed by such candidate tion as a member of the Council.
(ii)If such statutory the nomination houris thereafter, officer aforesaid, void.

shall, at the time of nomination, or deliver or cause to be a statutory declaration of his qualification made for elec­ of the candi(ciate declaration is not delivered shall be null and as ( 4)If only one candidate has been nominated the return­ ing officer shall declare him to have been duly elected.
or an attorney of the directors of (3) of section for election he shall at the time of nomination is under subsection as a candidate ( 5) Where a director is nominated whose qualification a compnay, nine of this Ordinance, as a member of the Council, produce, authenticated company, authorising such resolution be null and void.
or cause to be produced resolution is not produced officer a duly ,to the returning passed by the board of directors of the and, if him to accept such nomination, as aforesaid shall , the nomination (6)Where a husband, is under sub­ whose qualification as a nine of this Ordinance, as a member of the Council, is nominated he shall, nroduce or cause to be produced at to the for election ( 4) of section section candidate the time of nomination returning in writing officer an authority ising him to accept such nomination, produced, the nomination is not and if such authority shall be null and void.
from his wife author­ of this section (7)Where the authority is produced referred to the returning to in subsection officer, the wife shall (6) A.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

25.

65 not be qualified ward in the town.

..... for nomjnation as a councillor in respect of any (8)Any person convicted dedaration under this section years after the date of the conviction, as a member of the Council.

shall not, for a period of three be eligible to be elected of making a false statutory 45.
(1) If more candidates officer shall thereupon than one are nominated appoint returning ten days thereafter, shall pay to the returning of remunerating purpose sary expenses.

for holding officer the poll clerks the Procedure a day, not more than where morE: and each candidate for the �h��1��!s ated.
any neces-are nomin- and defraying the sum of ten dollars the election (2)A candidate may, at any time before the day apointed for holding from his candidacy him to the returning date besides that candidate duly elected returning the election but not afterwards, by giving a notice to that effect signe:cl by withdraw officer, and in that case if only one candi­ the candidate so withdrawing has been nominated, who has not withdrawn and notice of his election shall be deemed to be by the shall be published officer in the Gazette.
(3)The returning officer shall preside station.

at and conduct the election at the polling 46.

The voting shall commence in the morning of the day appointed o'clock tion and shall close at five o'clock day.

for holding in the afternoon of the same at the polling station at ten Hour of the elec-voting.

47.The returning officer shall provide himself with a cer-Returning tified copy of the register of voters for the ward.

officer to have copy of register of voters.

48.


(1) Every officer, station polling shall maintain of the voting in such polling except for some purpose closed, in the register for a ballot to any person any clerk and agent in attendance and aid in maintaining place, authorised information and shall not communicate, by law, before the place is at a Infringe­ ment of the secrecy secrecy, as to the name or number of voters of any voter who has or has not applied paper or voted at that polling station.
(2)No person shall interfere to inter­ attempt fere with a voter when marking his vote, or otherwise as to the C8:ndi­ any information to obtain in the polling station date for· whom any voter in such polling is about to vote, station or has voted, or as to the number on the back of the ballot paper given to any voter at such polling station.
with or attempt counting secrecy generality (3)Every officer clerk and agent in attendance the and aid in }!lain taining in any way affecting the - provision of the foregoing of the votes shall maintain and, without of the voting, at the (a)shall not attempt to ascertain at such counting the number on the back of such ballot or paper; (b)shall not communicate any information obtained 66 No.

25.]
25.]

THE LAWS OF BRITISH GUIANA (A.D. 1949. as to the candidate at such counting ballot any vote is given in any particular induce any or indirectly, paper after he has marked it, so as for directly of the candidate for whom paper.

voter to display his ballot to make known to any person the name w horn he has voted.

( 4)No person shall, Offence.

(5)Any person who contravenes any of the provisions of this section shall be liable on summary conviction to imprison- Penalty.
ment for any term not exceeding six months or to a fine not exceeding two hundred and f_ifty dollars.

Votes to be 49.

In case of a poll at an election the votes shall be given given by by ballot.

ballot.

ihis Ordinance candidates, and each ballot on the back and attached ber printed of each voter shall consist a ballot of a paper (in the names of the The ballot called to it a counterfoil paper shall have a number printed paper) showing with the· same num­ on the face.

Preparing polling place.

-50.


In cases where a poll is to take place, the returning for carrying officer shall take care beforehand vided with proper conveniences, arranged he shall also provide and a sufficent provisions sary for taking the poll.
out the provisions the polling number of voting papers, of this Ordinance, of this Ordinance, and place with a proper ballot box with the in conformity that the polling and that they are properly place is pro­ neces- and any other convenience i� Directions for voters.

51.For the guidance in conspicuous and inside printed outside of the polling of electors in voting, characters and placarded notices in various shall be places in the following forms: - station, DIRECTIONS.
(1)To vote, you must draw your pen through the names of all the candidates you wish to vote.

other than the one for whom (2)You can vote for only one candidate (3)When you have voted, at this election.

paper so fold up your ballot your vote, but so as to show the return­ as to conceal ing officer the official mark, then put your ballot paper in the ballot Duty of 52.Each person on coming to vote shall address vote,r on the returning coming to audible voice vote.

Duties of 53.
Duties of 53.

(1) The returning returning counterfoil officer and register to write on the of a voting paper the number of the elector officer and shall state his name himself to in an and address officer shall proceed box and leave the room.

mark the voting paper with an official mark of voters, on the , out the name of the voter in an audible voice, f°ter r and, calling v�fn�.

deliver station station.


it to the voter within the polling (2)The voter shall then retire paper so as to conceal and, having secretly.

the polling ballot officia1 mark at the back, shall place it in the ballot presence cer the official mark at the back, and having voted shall forth- with leave the polling to a table apart but within voted and folded up the his vote, but so as to show the box in the offiecr, after having shown to the offi .. of the returning station, A.D.

1949.
1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

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65 not be qualified ward in the town.

for nomination as a councillor in respect of any (8)Any person convicted tion under this section de-c--lara years after the date of the conviction, as a member of the Council.

shall not, for a period of three be eligible to be elected of making a false statuto ry 45.

(1) If more candidates officer shall thereupon returning ten days thereafter, shall pay to the returning officer purpose sary expenses.
than one are nominated a day, not more than where appoint and each candidate morE: for the �h��1��;s any neces-are nomin-.

ated.

the sum of ten dollars of remunerating and defraying the election the poll clerks for holding the Procedure (2)A candidate may, at any time before the day for holding apointed from his candidacy him to the returning date besides that candidate duly elected returning and notice officer in the Gazette.
the candidate the election afterwards, by giving a notice to that effect signe;d by but not withdraw officer, and in that case if only one candi­ so withdrawing has been nominated, who has not withdrawn of his election shall be deemed to be by the shall be published (3)The returning officer shall preside at and conduct the election at the polling 46.The voting shall commence station.

at the polling station at ten Hour of in the morning of the day appointed o'clock tion and shall close at five o'clock day.
for holding in the afternoon of the same the elec-voting.

4 7.

The returning officer shall provide himself with a tified copy of the register of voters for the ward.

cer-Returning officer to have copy of register of voters.

48.

(1) Every officer, clerk and agent in attendance and aid in maintaining place, authorised and shall not communicate, by law, before the place is at a Infringe­ the secrecy ment of secrecy.
station polling shall maintain of the voting in such polling except for some purpose closed, in the register for a ballot to any person any information as to the name or number of voters of any voter who has or has not applied paper or voted at that polling station.
or attempt (2)No person shall interfere with fere with a voter when marking his vote, or otherwise to obtain in the polling station date for· whom any voter in such polling is about to vote, or has voted, or as to the number on the back of the ballot paper given to any voter at such polling any information as to the candi­ to inter­ attempt station.
station counting secrecy generality (3)Every officer clerk and agent in attendance and aid in Ip.aintaining in any way affecting - of the votes shall maintain and, without of the voting, of the foregoing provision the the at the (a)shall not attempt to ascertain at such counting the number on the back of such ballot or paper; (b)shall not communicate any information obtained 66 No.

25.]
25.]

THE LAWS OF BRITISH GUIANA [A.D. 1949. as to the candidate at such counting ballot any vote is given in any particular or indirectly, induce any after he has marked it, so as for directly his ba1lot paper voter to display to make known to any person the name of the candidate w horn he has voted.

(4)No person shall, for whom paper.

(5)Any person who contravenes any of the provisions Offence.

­ on summary conviction to imprison six months or to a fine not Penalty.
of this section ment for any term not exceeding exceeding shall be liable two hundred and f_ifty dollars.

Votes to be 49.

In case of a poll at an election given by by ballot.

The ballot ballot.

this Ordinance called candidates, and each ballot on the back and attached ber printed on the face.

of each voter shall consist a ballot of a paper (in paper) showing the names of the paper shall have a number printed to it a counterfoil with the· same num­ the votes shall be given Preparing polling place.

-50.
-50.

In cases where a poll is to take place, the returning for carrying officer shall take care beforehand vided with proper conveniences, arranged he shall also provide and a sufficent provisions sary for taking the poll.

out the provisions the polling number of voting papers, and place with a proper ballot box with the in conformity neces- other convenience that the polling and that they are properly of this Ordinance, of this Ordinance, and any place is pro­ ;- Directions for voters.
51.For the guidance in conspicuous and inside printed outside and placarded in voting, notices in various in the following characters of the polling of electors shall be forms:- places station, DIRECTIONS.

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

(2)You can vote for only one candidate (3)When you have voted, at this election.
paper so fold up your ballot vote, but so as to show the as to conceal your ing officer the official mark, then put your ballot paper in the ballot box and leave the return­ room.

Duty of 52.Each person on coming to vote shall address himself to vote_r on the returning in an officer and shall state his name and address coming toaudible voice vote.

Duties of 53.
Duties of 53.

(1) The returning counterfoil returning officer and register f° v�hl� deliver on the / mark the voting paper with an official mark officer shall proceed of a voting paper the number of ter ;t and, calling out the name of the voter in to write on the the elector it to the voter within the polling (2) The voter shall then retire an audible of voters, station.
voice, · and, having secretly the polling station ballot paper so as to conceal officia1 mark at the back, shall place it in the ballot presence cer the official mark at the back, and having voted shall forth- with leave the polling to a table .

voted and folded up the his vote, but so as to show the box in the offiecr, after having shown to the offi­ of the returning apart but within station, A.b.

1949.jNEW AMSTERDAM TOWN COUNCiL t No.

25.


67 (3)The returning to the paper and while the voter is recording officer, after having delivered voter a ballot shall make a mark against of voters to indicate but not so as to show the particular voting paper given to him.

his name on the copy of the register that that voter has voted at the election, his vote, How to 54.The voter shall vote upon the voting paper by drawing other than that vote.
the names of all the candidates his pen through of the person for whom he wishes to vote.

55.No person shall be admitted place Persons for taking the poll, except the return-to b� within any polling during the hours appointed ing officer and his clerks, did_ate appointed a time.

by the candidate in writing, the candidates, one agent for each can-aqfu_tte1h and one voter at ;';m��.

e place.
e place.

56.The agents aforesaid, shall see each person who presents name as given in by him, and interfere extent allowed how any other voter votes or interfere.

by this Ordinance, himself be so posted that they can How as a voter and hear his agents to in the proceedings to the be placed.
but so that they cannot see 57.The non-attendance of a candidate or of any agent Non­ by him shall not in anywise invalidate nominated thing done under this Ordinance, duly done, notwithstanding be done in the presence agent.

of the candidate that it is required or of his duly authorised ate - if that act or thing is otherwise t tandi­ any act or attenda�ce to a:e�tor or authorised not to invalid any act.
in cont.raven- Preser­ of vation of or fifty-six after being warned, forty-eight, fifty-five officer may have him turned out of order.

Officer may at any time place for the purpose of 58.If any, agent persists, place, and the Returning within the polling of sections the returning ing the provisions this Ordinance, the, polling summon constables preserving order.

59.

The returning · .

sary i.nstructions record his vote.


officer shall, on request, give any neces-Re!urning to a voter as to the manner in which he shall ?ffi to cer t t ms rue voter if reauested.

I I i by any candidate 60.


(1) The returning officer may in his discretion, required at an election, vote, the following and, if Questions: a candidate or any person representing his be fut to at the time of tendering shall put to any voter, e of them, and no others: - ¥o or either quesitons r. First: Are you the same person whose name appears as of voters now in force for this allowed to A.B.

on the register ward?

Second: Have you already for this ward?


cillor voted at this election for a coun­ questions, receive (2)If any person refuses to answer· .

the returning officer or his substitute either of those may refuse to his vote.

(3)If any person wilfully so put to him, he shall be guilty of a misdemeanour, makes a false answer to any Penalty.

thereof shall be liable to imprisonment five hun- one year, or a fine not exceeding and for any question on conviction term.

not e.xee�Jing clred dollars.

68 No.

25.]


THE LAWS OF BRITISH GUIANA [A.D. 1949.

Where a person claims to vote as an elector after another has voted as, that elector.

61.If a person representing himself for a ballot paper to be a particular elector after another upon duly section, .
.. be the applicant shall, set forth in the preceding paper in the same manner as any other called paper (hereinafter a "tendered applies but the ballot to mark a ballot the questions named on the register person has voted as that elector, answering entitled voter; paper'') and, instead the returning voter and his number in the register of separate and the name of the voter and his number on be entered of being put into the ballot officer and indorsed and shall not be counted on a list to be called shall be of a colour differing voters, packet, the register Votes List".
by him with the name of the ballot papers; "The Tendered from the other ballot officer, shall by the returning box, shall be given to and set aside in a Spoilt ballot paper.

62.A voter who has inadvertently so dealt with his ballot it to the returning used as a ballot and proving officer of the returning to the satisfaction paper in the place of that so deivered paper that it cannot be conveniently on delivering the inadvertence another ballot after called cancelled across the face.
paper"), officer by the returning writing the a "spoilt ballot paper may, the fact of officer, obtain up (herein­ which shall be immediately word ''cancelled" Physical incaoacity to vote.
the returning by blindness officer shall, 63.If any voter is incapacitated or other cause from voting in the manner prescribed physical Ordinance, sence of the agents of the candidates, to be marked on a ballot paper and the ballot and the name and voter whose vote is so marked, .· kept by the returning officer box shall be of convenient 64.
(1) The ballot at his request, if present, in the manner directed in the pre­ cause his vote by him, of voters of every on a list to be number on the register shall be entered by this paper so marked to be placed in the ballot box; provided ballot paper can unless it is unlocked.
with a lock and key, and shall be so constructed therein, but cannot be withdrawn be introduced (2)It shall be exhibited immediately in the empty to the persons and then before the taking of the poll size, shall be that the and not be unlocked again except by the return­ at the close of the poll in manner hereinafter polling-place securely locked, ing officer mentioned.

Size and construc­ tion of ballot box.

Countin� of votes.

·65.

(1) The returning .
(a) proceed, officer, in the presence at the close of the poll, shall- of the candidates or their to count the votes as .aforesaid, box, keeping agents appointed contained in the ballot papers with their faces upwards, proper precautions seeing the numbers on their backs; for preventing the ballot_ and taking all anyone from their number and that of the unused and (b)compare spoilt and record the by him for the election provided number of votes given for each candidate; with· the number of voting papers papers, (c)after having counted and recorded box in manner aforesaid, the contents wrap the of the ballot >\· ,\ A.D.
1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

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69 with the counter­ and unused voting therein tendered, the marked copy of the register voting papers contained foils and spoilt, papers, the tendered marked by him, and a statement of the voters whose votes are so marked by him, and so seal up the parcel without (2)The returning votes list, and the list of votes of the number .

· refer, shall not himself breaking the seals.


that it cannot be opened of voters, and officer ons to prevent anyone else referring to· shall take proper precauti the counterfoils 66.Any ballot of the used ballot papers.

paper which has not the official back, or on which votes are given to mbre candidates voter is entitled number on the back is written be identified, to vote for, or on which anything or marked by which the voter can 67.

(1) The returning shall be void and not counted.


shall indorse officer mark on its Ballot than the oaners ni�/e except the said �g� as invalid, to" if an objection "rejected" and shall add to the ballot on any Rejected is in fact made oaoers.

paper which he rejects "rejection ballot indorsement by any agent to his _decision (2)The returning objected .
number of ballot the several papers rejec.ted and not counted shall report to the Council by him under officer the heads of- (a)want of official entitled (b)voting for more candidates than (c)writing or mark by which voter could be mark; to; identified; (d)unmarked or void for uncertainty, to copy allow any agents of the candidates and shall on request the report before it is sent, and the Council published in the Gazette.
shall cause it to be 68.Subject to reversal or return, arising the decision in respect of any ballot on petition of the returning How far questioning the election decisio_n of any question officer t�rnmg paper shall be final.

re ff o 1cer final.

are Procedure at the in case of there until the next working day, and so of election.

by any riot or open violence at an election may adjourn the further obstruc�ion of 69.
In any case where the proceedings or obstructed interrupted polling holding on as often as necessary.

station, of the election the returning officer 70.

(1) As soon as possible the returning not later than eleven o'clock next thereafter, station and publicly tion of the person elected to shall forthwith elected.
state the result make to the Council in the morning on the working after the close of the poll, but Declara­ day tion of re11It of shall attend at the polling of the poll, and make declara- 00 and he be a member of the Council, officer a return of the member (2) If the returning officer wilfully he shall forfeit recovered suit of any person aggrieved.
the sum of one thousand with costs by an action in the Supreme Court at the .fu�� makes a false return, Penal_ty m g a which may be fortilfully dollars, l'eturn.

i 10 No.

25.

J THE LAWS Case �f 71.Where two or more candidates equality votes the returning of votes.

result GVlANA [A.n.

1949. have an equal number of return of the 'X shall have the right of to be a member of the and the Council one of those candidates officer shall make a special OF BRiTiSH of the election, by ballot electing Council.
Return of oarticu­ lars of to voting •Council.

72.The returning officer shall, as soon as practicable after make a return to the Council, who appear to have voted and the number of spoilt showing the number an elec;:tion, of persons ballot papers and counterfoils, voting papers appear to have been supplied.

the number of persons to whom, from the Paoers to 73.

The returning fh sc��Jin making the return, e d duty ance with section sixty-five an who shall keep it in safe custody of Council thereafter.
thereto: officer shall, after send the parcel made up by him in accord­ as soon as practicable of this Ordinance to the Council, and allow no one to have access that - Provided (a)when an election questioning the Council Supreme Court, papers relating and the validity shall, (b)after the expiration petition has been presented of any election or return, on the order of a judge of the deliver to him the parcel of to the election that is in dispute; 74.No voter who has voted at an election day of any election parcel of papers used at that election.
shall, in any to state for whom the election, be required to question of twelve months from the the Council may burn the Protection of voters.

proceeding he has voted.

OFFENCES RELATING TO ELECTIONS.

Part VII.

Persona­ tion.

75.Every person who at an election person, paper in the name of another name of a person living having voted once at any election, for a ballot and on conviction term not exceeding dred and fifty dollars.
shall be liable thereof or dead, or of a fictitious applies for a ballot applies whether that name is the or who, at the same e1ection of an offence for any to imprisonment person, six months or a fine fl:Ot exceeding two hun­ paper in his own name, shall be guilty Certain other offences.

76.
76.

(1) Every· person who- (a)forges or counterfeits, defaces or fraudulently or mark paper or the official destroys, any ballot or thereon; due authority (b)without supplies a ballot paper to any person; or (c)fraudulently puts into the ballot box any paper paper which he is authorised other than the ballot by law to put in; or (d)fraudulently takes out of the polling or ballot paper; (e)without due authority,· destroys, interferes with the ballot otherwise takes, opens, or box or packet station any A.D.
1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

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71 of ballot papers then in use for the purposes any election, of an offence and be liable, if he is the returning of station, to imprisonment and if he is any other person, or to a fine not exceeding to imprison­ six months or a fine not exceed­ or clerk employed shall be guilty officer · for any term not exceeding one· thousand ment for any term not exceeding ing two hundred and fifty dollars.
(2) Any attempt shall be punishable dollars, at the polling two years, section itself is punishable.

to commit any offence specified in this in the manner in which the offence 77 ..

In any information or prosecution in them may be stated for an offence in Laving and other things in use )ropertv in to be in the i�forma- to the ballot relation at an election, officer returning 78.

(1) No candidate the property at the election.

box, ballot papers, tion.


at any election or his agent, or pay wholly or in part the expense may, before, directly by himself entertainment or provision influencing of corruptly during or Tre�tin_g.

or indirectly, of giving to or for that person, after any election give or provide or providing a·ny food, drink, any person for the purpose or any other person, directly (2)No candidate by himself to vote or refrain from voting at the election.

at any election may directly or in-Threats.


- or by any other person on his behalf to make use of, any (a)make use of, or threaten violence force, or or -restraint; by himself to inflict, threaten or by any (b)inflict or other person, damage, any temporal harm or loss upon or against or spiritual injury, any person, from voting.

in order to induce any voter to vote, or to refrain directly (3)No candidate by himself or by any other person on his behalf at any election may directly or in-Bribery.
- (a)give or agree to give; or (b)lend or agree to lend; or ( c)off er or promise; to procure ( d)promise procure- or or promise to endeavom to any money or valuable .

or for any other person, consideration or to to or for any voter, in order to induce any voter to vote or to refrain from voting.

79.
79.

Any transport, or collusive lease or assignment in a fraudulent made to any person him to give his vote at any election those persons deemed and taken against and absolute, security, any of them, for redeeming, lease or assignment between revoking, shall be null and void.

or agreement contract and every bond,.


covenant, thereof whatsoever, Collusive manner to qualify instrument shall be f<t P��pose of a councillor, who executed ��ter it, as valid f.vi��a or other to be collateral or with those parties, or dee:med vall_d t the transport, �!

:��� execut- or defeating (2)Every per.son who - '-1 I ( a)makes or executes ment thereof specified in subsection any transport, lease or assign-ing it.
in the manner and for the purpose (1) of this section; or lease or assignment (b)by colour of such transport, votes at an election of a councillor 1 72 No.

25.]

THE LAWS OF BRITISH GUIANA [A.D. 1949, for each such act forfeit shall, to any person suing therefor 80.Any returning the sum of five hundred dollars in the Supreme Court.

or any other person, who officer, clerk, or disobeys contravenes, Persons.
t ����r-- wilfully � 1�� �ions of or any of them, with respect this Ordi-required to do, shall for that offence nance.
ltble Supreme Court by any registered �it t �; v �art�� edally returned, dred dollars; against suit, to the party who sues therefor; or other party aggrieved, and the defendant him, shall pay the sum so awarded, be liable voter, to be sued in the member actu­ candidate, for the sum of five hun­ in the action having judgement to any matter or thing which he is the provisions of this Ordinance, with full costs of that- Provided (a)the action shall be commenced dar months next after the and notice in writing defendant action arose, signed by the party bringing action forth the place of abode of the party signing shall be given to the within one month after the cause of the within four calen­ cause of action arose, or his solicitor, and setting it; and (b)the defendant against is ob­ whom judgement tained judgement against in the action shall be allowed to plead that as a bar to any other action brought him for the same matter or thing.
Part VIII.

ELECTION PETITIONS.

Objection to return by candi­ date or or voter.

81.An election petition may be presented to the Supreme Court within seven days after the return or election or more of the following who- persons, that is to say, some person by any one Procedure thereon.

Mode of trial of an election petition.


(a)voted or had a right to vote at the election to which the petition relates; or (b)claims to have had a right to be returned or elected or at the election; (c)alleges himself an election 82.

(1) On presenting to have been a candidate petition the person pre­ the sum of two hundred with one or more sureties thereat.

for it shall deposit senting and forty dollars, payment of the like amount .as security or give security with the registrar for costs.
(2)The registrar shall not receive and file any petition as aforesaid.

83.Every election shall be tried by a judge of the unless that sum is paid or secured petition alone without shall be as nearly as possible by writ of summons, Supreme Court sitting and practice action commenced of this Ordinance, shall, as if an election powers, of the Court; and tlie wit­ an action within the jurisdiction nesses shall be summoned and sworn -in the same manner as in the trial of an action, for perjury.
a jury, and the procedure .

the same as in an and the election have the same were petition to the provisions and shall be subject jurisdiction and authority to the same penalties subject court A.b.

1949.JNEW AMSTERDAM TOWN COUNCIL [ No.

25.

73 84.The election void on an election of a candidate petition shall be as a councillor if any one of the follow-, declared ing grounds be proved- , Avoidance of election on election petition.
(a)that by reason of general bribery, general or other misconduct, treat- ing, general intimidation or other circumstances, before enumerated have been prevented whom they preferred; whether similar or not, the majority from electing to those of voters the candidate (b)if it appears that the election was not conducted with the principles laid down in in accordance this Ordinance; affected the result (c)that the candidate the provisions Ordinance; .arid that such non-compliance of the election; or his agent has contravened of section seventy-eight of this (d)that the candidate was, at the time of his election to Matters.
be deter­ mined by the election court.

a person not qualified, for election and where any of the grounds section nomination next after the election.
the candidate as a councillor has been proved, or election specified as a councillor, in paragraph shall be disqualified (c) of this for for a period of three years or a person disqualified, 85.At the conclusion of the hearing, the judge shall determine (a)whether the councillor whose return or election is complained was duly returned or elected; or of, or any and what other person (b)whether ·was void, the determination the election to the Council; and upon that and shall certify certificate return shall be confirmed held, as the case may require, being given, the determination shall be final; or altered or· a new election and the shall be with the certificate.
in accordance 86.If any matter of procedure or practice.

on an election shall arise, Practice which is not provided for by this Ordinance, and procedure prescribed by the Legislative Coun­ rules shall, Rules, 1948, and any amending and procedure Petitions mutandis and subject to the provisions of this Ordinance, petition the practice cil Election rnutatis be fallowed.

Part IX.

ELECTION OF MAYOR.

87.

( 1) The Mayor shall be a fit and proper person elected from amongst the · councillors Mode of election.
in the manner hereinafter entitled for which the Mayor is elected.

provided to hold office on the first day of January in the year (2)The Town Clerk shall be the returning officer at the election of the Mayor.
(3)The returning ber in each year summon a meeting to in subsection between the fifteenth month for the purpose ing year, (1) of this section officer shall in the month of Decem .. ref erred of the councillors to take place on a day day and the twenty-third of electing the Mayor for the next ensu­ day of that 74 -No.

25.]

'11HE LA,WS OF BRITISH GUIANA [A.D, 1949.

( 4) The returning least three days notice of the meeting.

(5)The returning but he shall not have any vote.


(6)Every candidate officer shall give each councillor at officer shall preside at the meeting, posed by a councillor seconded by another such councillor.

for election as Mayor shall be pro­ present at the meeting and shall be (7)If only one person is proposed and seconded for election that person Mayor for the next ensuing year.
as Mayor, the returning officer shall forthwith declare (8) If two or more persons are proposed and seconded officer shall take the votes present at the meeting and the person proposed for election as Mayor, the returning of the councillors and seconded who secures the greatest forthwith be declared Mayor for the next ensuing year.
(9)Where no person proposed and seconded secures a number of votes shall is an equality of votes over the other person or persons pro­ or wh�re there the majority clear majority posed and seconded, the persons obtaining is elected at appoint a day not later than the twenty-eighth in the same year for the election the persons proposed appear in the register the several wards of the town.
of votes, so that no person officer shall day of December of the Mayor, from amongst by the voters whose names of voters for the time being in force for the meeting as Mayor, the returning and seconded, of votes among (10)The election scribed for the election purposes of the election shall be entitled of the Mayor.
shall be conducted of councillors, deemed to be one ward, but no voter in the manner pre­ the town being for the to exercise more than one vote at the election (11)The person in whose favour the greatest number of votes is cast shall be declared year, and the returning to the Governor.
Mayor for the-next ensuing officer shall forthwith report that fact (12)Where by reason of an �quality of votes cast at by the voters no person is elected Mayor, the the election Governor shall have and exercise a casting vote.
(13)The returning, officer shall decide and determine arising at the election of the Mayor,· but any per­ of voters for any ward file a days after the election, to the Supreme· Court by way of appeal against any any question son whose name appears in the register 1n the town may, within fifteen petition such decision ing with the Registrar hundred and forty dollars of the Supreme Court the sum of two of the returning officer, at the same time deposit­ to abide the costs of the_ petition.
shall be heard in the same man­ (14)Every such petition ner as an election petition shall be subject to the same rules of procedure, clusion of the hearing the Judge shall determine raised in the petition and is heard under this Ordinance and at the con­ and his decision shall be final.

· the questioIJ Sum of money to be at the person�l disposal the Mavor.
of 88.The Council shall in each year appropriate funds a sum not exceeding the personal disposal of the Mayor, five hundred dollars out of its to -be placed at A.b.

1949.

]NEW AMSTERDAM TOWN COVNC1L [ No.

25.

75 89.The Mayor - (a)shall, before he exercises take before the Governor office, or an .affirmation by the Evidence Ordinance:-Chapter 25. will, according in the form prescribed oath of office.
any mayoral function, the following Oath of "I swear that I my ability, execute town of New Amsterdam, without fear, favour or partiality.

to the best of the office of Mayor of the - So help me God.

''; to be administered of this Ordinance· . '

(b)shall be ex officio a justice the town and take the oath required of the peace· by a justice (c)shall have power to administer of the peace in and for Ex-officio to be taken a justice ' of the peace.
all oaths required Empow­ by him under the provisions er�� to ad, mm1ster oaths.

Assumption until the thirty-first (d)shall assume office on the first day of January day of office.
therein and continue of December ble for re-election; in the same year, but shall be eligi- Provided that no person who has filled the office of Mayor for two or more terms in succes­ sion, whether the same be whole years or parts of years unless one of the terms is less than six for re-election unless months, a between period of at least one year intervenes of his last term of office the date of the expiration as Mayor and the date at which, if re-elected, his term of office would commence.
shall· be eligible (e)may resign his office of Mayor by writing under May his hand addressed resignation ber of the Council.

shall not affect to the Town Clerk, but the resign.

his position as a mem- 4 I 90.

(1) [The Council may appoint any councillq f1, to be the Mode of Deputy Mayo:f' to hold office during the term of office of the election of Mayor; and in the absence or illness all the ayor.
Mayor: shall be deemed to have authority powers and discharge all the the Mayor under and by virtue law; and all things done, exercised, Mayor as aforesaid ..9S if they had been done, exercised, of the Mayor, such Deputy �eputy to exercise vested in and imposed upon and any other by the Deputy in all respects by the Mayor�;_t l of t itn capacity.
{ but such Deputy M�yor shall not, unless he is a Justice t Peace, act .as a JusHce or in any judicial ....,_,_,_ shall be as valid and effectual of this Ordinance or suffered or suffered duties ' ' (2)In the event of the death, resignation, from any cause of the Mayor, the Deputy Mayor shall to the office of Mayor, and shall continue fication forthwith such office until the time when the Mayor whom he succeeds would have gone out of office, and he shall then go out of office.
or disquali­ succeed in fication appoint (3)In the event of the death, resignation or disquali­ from any cause of the Deputy Mayor, the Council may any other councillor to be the Deputy Mayor, to hold 76 No.

25.

J THE LAWS OF BRITISH GUIANA [A.D. 1949. the term of office of the then office for such term, not exceeding Mayor, as the Council determine.
may, by resolution ( 4)If the Mayor is dead or is absent or otherwise inca­ of his powers and duties under pable of acting in the exercise this or any other Ordinance the Deputy Mayor is also incapable reasons a councillor Mayor for) such term as the Council may, by resolution, determine.
for the time being in force, and of acting for any of the shall forthwith hereinbefore to execute those powers and duties in place of -the the Council specified, elect -.,, (5)In ·the election duly seconded, of the Deputy Mayor which shall shall not a �andidate for election {Vl_.l �\..:' .. be by motion, preside.
Oath of office of Deputy Mayor., 91.The Deputy Mayor shall forthwith after his appoint­ ment take before the Governor an affirmation the following oath of office or in the form perscribed "I swear that I will, according execute the office of Deputy Mayor of the Town of New Amsterdam So help me God.".

by the Evidence fear, favour, without to the best of my ability or partiality.

- Ordinance; Part X.

VACATION OF SEAT BY MEMBERS.

92.


(1) If any member of the Council- of Vacation seat by Members, and grant­ ing of leave of absence.

(a)by writing under his hand addressed to the his seat in the resigns Mayor or the Council, Council; or from the Colony without the leave of (b)departs the.
Council or of the Mayor first had and obtained under the provisions (2) and (3) of this section; or of subsections (c)having departed from the Colony with such leave, remains or any extension his seat in the Council become vacant.

out of the Colony after that leave thereof has expired,- shall thereupon ipso facto (2)The Council, or in any case of urgency between the Mayor, may grant to any councillor meetings, Mayor leave of absence not exceeding time, from the service or does not remain in the Colony.
of the Council, other than the four months at any one whether that member does may grant leave of absence (3)The Council for any period not exceeding to the Mayor or to any councillor circumstances the leave first granted, but any leave granted .

may be extended in special for any period which together with six does not exceed in the aggregate by the Council four months, to the Mayor ·months.

(4)When the Mayor grants leave of absence, he shall report the fact to the Council at its next meeting.
Validity of 93.

The existence 1)roceed- members of the Council mgs not d' f th C ·1 affected by cee mgs o e ounc1 .

vacancy, of any vacancy or vacancies shall not affect the validity among the of any pro- A.D. 1949:JNEW AMSTERDAM TOWN COUNCIL [ No.

25.
25.

77 94.Every person who, having been returned 1 of the Council for sitting but not having been qualified tb be a member, sits or votes in the Council a member sits or votes in the Council election been elected disqualified of two hundred to a penalty which he so sits or votes; and the penalty with costs by an action in any court of competent by any registered sum so recovered the town funds.
voter who sues for it, and one half of any shall be paid to the Town Clerk in aid of or voting in the Council, and fifty dollars for every day on as a member Pena!tv.

at the time of his for si�trn� or having fhevC��;�il after he is when dis­ shall be liable qualified.

may be recovered jurisdiction.

P_art XI.

MEETINGS OF THE COUNCIL.
95.The following rules with respect to the meetings proceedings of the Council shall be observed:- and Rules for meetmg3, gove-r:ning (a)the Council shall hold monthly meetings the transaction (b)the monthly meetings business; shall be held at such hour and on such days as the Council from time to time determine; of general may meet- (c)the Mayor may at a:qy time call a special ing of the Council; (d)if the Mayor refuses to call a meeting signed by five mem­ after a for that purpose to him, has been presented may forth­ if the call a meeting; requistion bers of the Council any five members of the Council with on that refusal Mayor (without three days after ing, any five members of the Council the expiration meeting; so refusing ) does not, within call a meet­ such presentation, may, on of those three-days, call a (e)two clear days at least before any ordinary of the Council, meeting such meeting, to be transacted Town Clerk, shall be left at the usual place of business Council; a summons to attend the business and signed by the specifying thereat each member of or abode of proposed the (f)want of service of the summons on any mem­ ber of the Council of a meeting; shall not affect the validity (g)except by leave of the Council, no business thereto; shall be transacted that specified at a meeting other than in the summons relating Chairman (h)the· Mayor shall be ex officio of the .
preside and shall unless disqualified of the Council in case of his absence, Council at all meetings present; Mayor, shall preside, absence of the Deputy Mayor the members a quorum, present shall elect and constituting their number; a Chairman from among and in the case of the the Deputy at which he is 78 No.

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J THE LAWS OF BRITISH GUIANA [A.D. 1949.

(i)at any meeting of the Council, five members shall form a quorum for the transaction business; of · and all.
questions com­ unless shall, (j)all acts of the Council, by this or any other before the Council, ing or arising otherwise prescribed be done and decided Ordinance, of such members of the Council and vote at a meeting this Ordinance, the meeting by the majority as are present held in pursuance of the whole number present not being less than five members: that, except with the unanimous at Provided not being less of the members present, consent than seven in number no motion passed within the preceding and no motion to the six months, same effect as any motion which has been negatived by the Council within six months, of the Council; passed except upon the vote of a majority at least five of the members present thereon; and no such motion shall be shall be considered the preceding at any meeting and voting of (k)in case of an equality the Chairman shall have a second or casting of votes, of the meeting vote; (1)subject to the foregoing the Coun­ provisions, cil may make such Standing Rules and Orders as they may think proper for the regulation and conduct of the proceedings ings and the meetings may in such Standing vide that the minutes when copies thereof shall meeting shall, been circulated to members, and may also provide the confirmation ceedings of their committees, and Rules and Orders pro­ of the proceedings be taken as read, for the postponement of the minutes of any meeting: of their meet­ of the pro­ of any have of Provided that a motion to suspend the Rules and Orders of the Council Standing any of them may be made at any meeting the Council upon without unless supported members present by at least two-thirds and voting.
but shall not be carried debate, of the or of without notice, and shall be voted Appoint­ ment of commit­ tees.

96.

(1) The Council may appoint out of their own body such and so many committees, nature, and consisting think fit, for any purposes would be better regulated committee.
of such number of persons which, in the opinion as they shall of the Council, and managed by means of such either of a general or a special the Council (2)The quorum of every committee at the time of appointment of the Council (3)Every committee shall be fixed by of such committee.

unless other­ shall, wise expressly its proceedings authorised and recommendations by the terms of its reference, to the Council submit for approval.

A.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

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79 ( 4)The proceedings of every in the of the Council of such of minutes and or of a formal report signed by the Chairman shall be submitted of the proceedings committee form either committee, members of such committee.

to the Council at the meetings and recommendations (5)Any recommendations by a majority of the members present, adopted be deemed to be resolutions of the Council.
in any such· report when shall become and may delegate upon the Council to any committee 97.The Council appointed or com-Delegation by them any of the powers or duties vested of powers.

by this or any other Ordinance of the.

that the acts and proceedings mittees in or imposed for the time being in force, direct mittees committee of the Council if such acts had been done and such proceedings Council.
or com- of such committee so delegated to such in the name shall be done and instituted and shall be valid and binding as on all parties taken by the and may, if the Council to the powers and duties or committees in relation think fit, ����\\:�s travelling for the purpose 98.The reasonable incurred connection with the matters be paid out of the ordinary expenses of inspecting referred revenue 99.No act or proceedings premises of every committee and places in expen�es of Travelling shall committees.
t'o such committees of the Council.

or of any com-Validation mittee shall be invalidated �f proceed­ or vacancies .

in their body, or by any defect in the mode of appointment such committee.

by reason of any vacancy of the Council of mgs.


without is proved, 100.A minute of the proceedings at a meeting ci]or of a committee of the Council to be Chairman shall be received or committee of the meeting in evidence signed by the Chairman, himself describing irman Chi at which such minute is signed ��id:nce proof.

further of the Coun-Minutes or by a member sign�d by as or appearing 101.Until the contrary every meeting of the proceedings of a committe in a report signed by the commi ees.
by the Council, and held, and all the of the Coun-Due consti­ whereof a tution.

of e the Counc�t and t shall in respect whereof are embodied cil or of a committee minute has been so made, and every meeting proceedings Chairman of such committee be deemed to have been duly convened members of the meeting fied, and, where the proceedings the committee and to lJ.ave had power to deal with the matters as the case may be.
the minute or in the report, and received shall be deemed to have been duly quali- are proceedings shall be deemed to have been duly constituted of a committee, referred to in 102.A member of the Council in any matter before the Council has direc:tly iary interest.

or indirectly, by himself shall not vote or take part yecuniary or a committee in which he mterest- any pecun- or his partner, Part XII.

OFFICERS OF THE COUNCIL.

103.


(1) The Council may appoint Engineer, of electricity a manager and an engineer, -works and water works1 a clerk of the market, ment of a officers.

a Town Clerk, a Town Appoint­ or a manager and engineer 80 No.

25.]
THE LAWS OF BRITISH GUIANA [A.D. 1949. health officer, one or more sanitary officers the Council from time to time deems necess.ary, may also fix their salaries and emoluments: inspectors, and any other and Provided that - (a)the appointment of a Town Clerk, a Town a manager and engineer Engineer, works and water works, and a health officer shall be subject with .. and the previous and Council; to previous approval consultation of, the Governor in of electricity (b)in the case of those officers no dismissal or reduction the approval (c)the Governor of salary shall take place without of the Governor in Council may, in Council; after consulta­ and tion with the Council, suspend or to dismiss or on giving three months notice, his employment.
direct the Council to either of those officers, to terminate (2)From and after the commencement of this Ordin­ ance, the salary of the Town Clerk shall be six hundred pounds per annum or such other sum as the Council, sterling of the Governor consent (3)Any person holding in Council, may fix.

with the the office of Town Clerk shall the age of sixty years, but from such office upon attaining retire the Council beyond such period from year to year, but not for more than five years.
· may in their discretion, ext�nd his period of service the office of Town Clerk shall ( 4)Any person holding devote the whole of his time to the duties not, without the consent of the Council, business or occupation.

(5)The officers holding the offices specified (1) of this section at the commencement section ance appointed office and shall be deemed to have been appointed under this Ordinance.
under the Former Council shall continue of this Ordin­ to hold in sub-- by the Council of his office, and shall engage in any other Duties of Town Clerk.

104.

(1) The Town Clerk shall have charge and custody and docu­ and be responsible ments of the town, and they shall be kept as the Council may direct.

for, the charters, deeds, records of, (2)The Town Clerk shall, in books to be kept by him, matters and the several of aH moneys received.
by enter true accounts for that purpose, him and paid on behalf of the Council, for which such moneys shall have been received the said books shall, Mayor and councillors, and paid, and by the at all times, be open to inspection or any of them.

(3)The Town Clerk shall attend all meetings of the and shall draw up the minutes of such meetings, and bound and kept in annual may direct and shall also, .
of any committee of as the Council attend meetings Council, shall cause the same to be printed volumes or otherwise whenever required, Council, case may be, and draw up the minutes the 1 as-the of the reports thereof and AD.

1949.]

NEW AMSTERDAM TOWN COUNCIL [N f.') 1"" o.

�;), 81 105.The Council to give such security cution of the duties of his office.

s may require as they may think proper for the due exe-may _be any officer appointed · by them Officer .

1·equ_ired fo give securit y.


106.All officers holding of this Ordinance offices by the same tenure and upon the same terms Co�nC'J .t_o to hold their F'ormer ue m ��tc1!� and shall be deemed to be officers of the Council office under the Former Council shall continue at Officers of th� commencement respective as h�retofore appomted under this Ordinance.
and employ, may appoint 107.The Council as they may think fit, such officers and on such terms and con .. appoint tion · as they may think reasonable ditions as they may deem necessary .upon the Council duties 1934, or any other Ordinance, shall be subject officers and servants during the pleasure Power to at such remunera- officers for and other servants of any the pur-.
of the by the Public Health Ordinance, i�blic Health and· all such officers and servants Ordinance, affecting of this Ordinance offices \93\ and shall hold their .

i9�· 5 of to all the provisions of the Council of the Council.

for the efficient discharge imposed 4.


108.The Council may award :pensions, gratuities, miums (if any) to any of their officers or servants them just, and the pensions, or premiums, out of the general Provided gratuities, revenue of the Council: that any award of pension, premium shall not exceed the rate of allowance, by law in the case of public officers.
being prescribed may make regulations 109.The Council - (a)for the discipline or pre-Council as seem to may award shall be paid Pension s a;11d gratui., or ties,.

gratuity, for the time of the officers and servants and obligations; Regul _ of tions �or good gov- to such offi .. er�ment of of leave of absence ' and management and payment of moneys; and of accounts; s .

officers and ervants.


the Council, (b)for the granting their duties cers and servants· (c)for the keeping (d)for the custody (e)generally and servants.

for the good government of such officers Part XIII.

TOWN CONSTABLES.

110.The Council proper persons offenders of carrying against to be town constables m�y from time to time appoint, fit and Appoint- for the purpose of ment.

for the apprehension this Ordinance, and generally of this Ordinance.
out the provisions 111.Every town constable before the Mayor the following "I, A.B.

of well and truly serve our Sovereign a town constable as a·constable for the town of New Amsterdam if need be, whenever generally, on his appointment oath of office:- shall take Oath.

.

-· , do swear that I will Lord the King as and required.

- So help me God.".

JI 112.No town· constable without cil permission giving one month's to resign; shall be at liberty notice, or receiving to resign from the Coun-tion.
his office Resigna­ and any town constable who resigns 82 No.

25.

'j THE LAWS OF BRITISH GUIANA [A.D. 1949.

Neglect duty.

oi Penalty.

his office or ceases to a penalty not exceeding to act without that permission shall be liable twerity-four who - dollars.
113.Any town constable (a)is guilty (b)refuses Council to a penalty of any neglect or violation of duty; or to obey a lawful order of the or neglects or any of its officers, not exceeding twenty-four dollars, shall be liable and shall forfeit all pay then due to him.

114.Every person who ceases to serve as a town constable Surrender of uniform and baton by person ceasing tJ serve.
within seven days thereafter, shall, the uniform faHs to do so, he shall be liable twenty-five ing one month, and the magistrate search for and seize the uniform be found.

dollars or to imprisonment to a penalty not exceeding for any term not exceed­ may issue his warrant to and baton wherever they may and baton with which he is provided, and, if he surrender to the Town Clerk .

Delivery of 115.
Delivery of 115.

When a town constable uniform representative, or the householder and baton sessed of the uniform and baton shall, on death.
surrender or other in whose house he dies pos­ within fourteen them to the Town Clerk, and every heir, executor dies, his heir, executor days, or householder as aforesaid to a penalty or representative be liable imprisonment magistrate uniform and baton wherever may issue his warrant failing twenty-five so to do shall dollars or to one month, and the to search for and seize the for a term not exceeding they may be found.

not exceeding Assaulting 116.


Every person who assaults, officer of officer of the Council, the Councu.

employed by the Council in the execution or any town constable, or obstructs or any person of his duty under and molests any by virtue of this Ordinance to a penalty be liable or any by-law made under it shall not exceeding twenty-four dollars.

or any town constable who, of this of doing any act under the provisions Violence or 117-Any officer of the Council, .
annoyance� under pretence by officer Ordinance, cf th e 1 sary violence ouncl ance, shall be liable to a penalty sum recovered moiety to the Town Clerk in aid of the town funds.

fifty dollars; shall be paid to the complainant, or of any by-law made thereunder, or gives any uncalled on the complaint not exceeding for .

and vexatious and one moiety of the of any person aggrieved, uses any unneces- and the other annoy- Ppwers of 118.The members of the Council, entry.
Ordinance and of the by-laws for the purpose of this their officers and servants, made under it, shall have power, to enter at all reason­ by themselves, able hours in the daytime within the limits work authorised work: into and upon any land or building of the town for the purposes to be executed any such by them, or of executing of inspecting Provided that, except with the consent no such entry shall be made until after the of the owner or expiration hours notice for that purpose given to such owner occupier, of twenty-four or occupier .
of 119.

The Council Liability Council for responsible in damages at the suit of any person aggrieved shall be liable and for in its corporate capacity -A.I>.

1949.J NEW AMSTERDAM TOWN COVNC1L [ No.

25. ss or neglect ,.of any of its officers or servants all sorts and acts of omission malfeasances, within the scope of their authority those officers and servants shall Council costs of suit as of the damages and client.
in the full amount between solicitor be liable or employment; but each of to the with all and costs, and responsible of duty, misfeasances and acts of in ,all matters servants.

120.
120.

Informations and complaints of this Ordinance, of any offences T n or ci�table lay in­ or any may formation may be laid and made by any town constable under this Ordinance or any by-laws, in respect rules, the provisions made by the Council against regulations other Ordinance, in his own name, and any town constable proceedings constable section.

before the magistrate is the complainant the and irb­ may also conduct in all cases in which any town���� �a!is­ by this trate.
under the powers conferred b Part XIV.

TOWN TAXES.

121.The Council levy and raise town taxes, assess, the collection lowing purposes, namely,- to P t shall have full power and authority e and direct r�i;e �aie s purposes.
and to superintend for all or any of the fol-for certain thereof, and appropriation (a)the maintenance of the public streets, roads, drains, ways, and dams, trenches, kokers, stellings, which are vested in or under bridges, sluices, thoroughfares, places, canals of the town the control (b)the exercise obligation the town vested in or imposed the Public Health Ordinance; or discharge for the benefit of the Council; Ordinance, of any authority or of public health within on the Council 1934, or any other by (c)the supply of water for the use of the town as herein provided; (d)the provision ground, house; public and maintenance garden, pound, market of any burial or slaughter (e)the equipment and payment of wages in respect streets, of all public (f)the lighting roads, and maintenance thereof; of a fire brigade thorough­ fares, stellings and bridges of land under the provisions of the town; here­ (g)the acquisition contained; inafter (h)the repayment hereinafter on any part of those moneys· for the time being not repayable; of any moneys raised on loan as specified, and the payment of interest (i)the payment of the salaries and wages of all offi­ cers and servants (j)the award of pensions duly employed by the Council; to officers and servants employed (k)the payment of any expenditure which the Coun­ and gratuities by the Council; cil is by this or any other Ordinance, to incur; (1)-�enerally and for the welfare and good government authorised of the town.
84 No.

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THE LAWS OF BRiT1SH GUIANA [A.D. 1949.

Audit of 122.

(1) The accounts accounts.

of the Council shall at some date the first day of January and the thirty-first by the Director day of March of Audit who shall give notice in writing to commence the work of audit, to the Town Clerk of the date he and at the audit any tax­ between in each year be audited one month's intends payer may be present the Director the Council.

Council.
Council.

and shall be at liberty to communicate with of Audit on any matter relating The expenses of shall be borne by the of the audit to the accounts Account be made received up.
to (2) An account duly made and of all moneys expended up and balanced and applied the audit, together accounts, vouchers, in the Town Clerk's of all moneys by the Coun­ with all rate and receipts, and office books, contracts, shall be deposited cH during the year preceding books, account relating thereto, be open to the inspection before the C:'.xtracts officer or account when made up, or refuses a penalty liable to therefrom servant fails to do so, or who alters audit, and the taxpayers without payment; of the Council, who, of all taxpayers for fourteen days may take copies thereof or and the Town Clerki' or any being liable to make up the it or allows it to be altered thereof, not exceeding (3)Any taxpayer recover petent jurisdiction, to allow inspection twenty-five may, by action before any court of com­ Penalty.
Tax·payer may re­ cover .. paid or applied ����?

Council without ment or application, authontv.

with costs any sum which has been of the in authorising from the person who was the Town Clerk making the payment or application, shall be paid to the Town Clerk in aid of the town funds.

may appoint without who has authorised and any sum so recovered legal authority or taken part (4)The Council for the purpose or, if the payment was not authorised, from any member auditors dollars.
shall be the pay- of making monthly audits and remunerate Annual re-123.

(1) On or before the twenty-eighth o !Je each year the Council pobrts · tt t su m1 · ·ect to the report, Governor.

received, an account by the Coup.cil signed by the Mayor, containing shall transmit and applied expended, to the Governor day of February a written in of all moneys during the pre- them as it thinks proper.

• ceding year.
• ceding year.

(2)The report shall also contain- (a)an estimate of the sum required for the expenses of the current and means; of ways year, with a statement upon the (b)the amount of the tax, calculated appraised to meet those expenses; value of all lots within the town, levied and (c)the estimated Water Works; revenue from the Electricity and in the shall be published forthwith and the report so transmitted Gazette weeks.
for four successive (3)On or before the fifteenth shall transmit year the Council signed by the Mayor, containing - day of November in each to the Governor a written report, (a)an estimate of the sum required for the expenses of the ensuing year, with and means; of ways a statement upon tbr (b)the amount of the tax, calculated A.n.

1949.JNEW AMSTERDAM TOWN COUNCIL [ No.

25.


85 appraised to meet those expenses, from the Electricity value of all lots within the town levied revenue and the estimated and Water ·works, and the report so transmitted Gazette for four successive weeks.

shall be forthwith published in the 124.

(1) After the publication the Council the appraised the last preceding amounts of the taxes upon town not exempted and executable (3) of Power.
of in subsection may levy in each year the f ouncil to value of lots within the evy.

and all those lots shall be liable from taxation, prescribed therefor.

section, instalments (2)The tax shall be due and payable and on the dates following- One half not later than the sixteenth in each year in the day of February One half not later than the sixteenth day of June in in each year; each year.
(3)Subject the Town Clerk shall receive on account to the provisions of any instalment any payment not being less of tax for the time of subsection (2) of this section, than ten dollars, being due and payable.
( 4)When any instalment of tax remains unpaid for more than two months from the date fixed for ·the p�yment of the tax, interest at the rate of six per centum per annum from that date until the date of the payment of the instalment shall be of the instalment liable by way of surcharge for the recovery and shall be recoverable of the instalment, the not receive a.mount and the Town Clerk shall upon the amount in the manner provided of the tax without that interest.

I � 125.
I � 125.

Where default the Town Clerk may, and, if the default i,nstalment for more than three months; tax or instalment shall forthwith is made in the payment of any tax or Mode of recovering of the tax.

for the recovery and that this has been done.

if any, by parate execution, shall proceed with interest, report to the Council has continued payable 126.
If any joint proprietor his joint proportion in respect contribute this Ordinance, paying or being compelled instalment recover from his several due by them respectively costs.

then assessed by action of any lot refuses of any town taxes levied under ment.

of t r����; �fo� of the lot, any joint proprietor or neglects to Enforce­ to pay the whole amount of the whole co-pro­ of the lot, may prietor and payable co-proprietors the several together as a contribution in respect with his sums lot.
of section against have been commenced or instalment any lot which is subject 127.

Where any proceedings of any tax, rate recovery preceding ment of lease for a term of not less out prejudice which he may otherwise or remedies of have, may pay to the Town Clerk the amount of such tax, rate or proprietor of a lot.
instalment may recover so paid by him: for the Lessee may in the recove� of debt specified u iy to an agree-��� on with interest from the proprietor than one year, the lessee, of debt together of the lot the amount and costs and thereafter to any rights by action with- him accou!lt Provided, however, that the lessee shall not be entitled to recover agreement any portion of lease, of that amount which, by the terms of the is payable by him.

.

,; l 86 No.

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J THE LAWS OF BRITISH GUIANA [A.D. 1949.


Taxes and 128.

(1) Every tax and interest interest above all claims of whatever nature, prefer_e nt lots or against except 2"3 C against rown or e o ony, any mg m any r mance or enac men Crown or to the contrary Colony.
(2)The claim of the Council any company, shall be preferent over and whether they be against the 1 except claims due to the t t thereof, th' · 0 d' notwithstanding for taxes and interest shall or the property the proprietors be enforceable pany in liquidation, anything the contrary notwithstanding.

in any Ordinance against of any com­ or enactment to th C 1 .

within the town the property sfa�.

town tax in the same manner and degree as lots and buildings persons.

lands and buildings Crown and 129.


All lands and buildings Colony p�o-the Crown or of the Colony shall be liable and subject to any f :ftt�o · the property of private Exemp- 130.

The folowing ti�n ° er-be exempt from taxation f c .

d tam an s 1 d and build-mentrone ings.
while used for the purposes (a)all churches within the town shall and any mosque, temple of hereinafter and chapels or school and the land therewith exclusively purposes; used for religious solely and or educational (b)all buildings the owner thereof ary, industrial, the approval (c)the Ursuline occupied; and the land therewith used by for element­ education or secondary as schools solely with of the Council; Convent and the land therewith or presbytery parsonage body and used solely as a or priest thereof with (d)any manse, rectory, of the Council; by a minister owned by a religious residence the approval (e)any lot or portion or erections Men's Christian approved of by the Council, used for the convenience that Association, (f)the land and buildings or similar Association Organisation; or any organisation so long as they are of the members of organisation; of the Catholic Youth of land, with any buildings owned in the town by the Young (g)the land and buildings of every lodge, chapter or preceptory of freemasons; (h)the land and buildings .
under the Friendly of every friendly .

:nciety Societies Oru.�ri­ registered ance; (i)all lands and the buildings Salvation with the approval used by the Army solely for religious of the Council; thereon purposes Cap.

214.

(j)all land and the buildings therewith used as for the relief of widows and homesteads orphans with the approval Proof of 131.

In any proceeding moun t of the signature a t own axes.
· · t t t of the Town Clerk subscribed · contammg a s ·a emen o--1e amou.n c a1me or axes m respec t th t 1 · d f t shall, of each lot whether with or without buildings for the recovery thereon, t f of the Council.

of any town taxes, to any document A.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

25.

87 proof of that signature without matter or thing, poses to be prima facie evidence due and payable.
and without be deemed in all courts and for all other pur­ is that the amount so claimed proof of any other against 132.In any proceedings for the recovery the owner, or representative summation any lot) or any building or buildings the owner or representative deemed to be sufficiently building, tree, or post, on the lot or to any other part thereof marshal of town taxes a Mode of of the owner of serving shall be tion.
served if it is affixed to the principal then to any railing, bridge, which the or if there is no building, not being mentioned, on any land, the name of 8!-,lmma­ thinks most suitable for the purpose.

in Council, 133.
in Council, 133.

The Council shall also have power by resolution to levy a special of the Governor value of all lots and buildings of it, for the liquidation ·the approval upon the assessed within any portion admitted compensation paling, of any building, wise destroyed for the purpose fire in the town, and that rate shall be preferent in the same manner as a town tax .
recoverable or awarded for loss sustained or erection, being pulled down the progress and shall be by reason or other­ of any of arresting of any claim for in the town, or , with Special rate rate.
· 134.The Official Receiver and the Registrar Re­ Official or in the city ceiv:er of the sale of any lots and buildings rar to gist R e to enable them to do so, after paying t d e UC · d of the sale and the amount of all claims due to taxes due of the sale after sale deduct from the proceeds to the Council of lots.

and interest of Deeds shall, payable if the proceeds sold by them ate sufficient all the expenses the Crown and the Colony, the amount of all taxes, in respect Council.
rates, of those lots and buildings and pay it over to the• that the obligation and Registrar Provided Official Receiver the Town Clerk before the sale gives notice in writing Official Receiver or the Registrar existence _ thereof.

to the as the case may be, of the imposed by this section rates1 or interest, of the unpaid taxes, shall not in any case arise unless and of the amount on the 135.

The Council tion, except as provided tl · 0 ct· .

11s r ma:qce.
11s r ma:qce.

may not grant any exemption from taxa- Council by section one hundred and thirty of may not exempt from tax- ation.

PART XV.

TOWN APPRAISEMENTS.

136.The Council ment of all properties of the commencement intervals, not exceeding necessary.

shall order and direct in the town to be made within four years may �orclf:r of this Ordinance, appraise- at such f��;;f�·,,,_ and thereafter a general Council five years as the Council may consider ment: - 137.
(1) The Council may from time to time as it thinks appraisers, proper appoint Council, vacancies death, resignation, refusal in the number of the appraisers to act1 or in any other manner.

not being members or officers of the ment _of of this Ordinance, for the purposes occurring either by and may fill any appraiserr.

Appoint­ 88 No.

25.]

THE LAWS OF BRITISH GUIANA [A.D. 1949.


(2)Every appraiser, appointed (a) shall receive remuneration as hereinafter at the rates and on the terms the Council proper; mentioned­ for his services thinks to administer (b)shall, before he enters upon his office, take and subscribe an oath or affirmation Mayor, who is hereby authorised it, that he will faithfully, gently perform the duties of his office.

(3)Notice of intention to make a general and in the one or more news­ honestly, before the and.
dHi­ in the Ga,zette shall be published papers in the town for four successive weeks before the appraise­ ment is made; and within the four weeks every proprietor every lot within the town shall fill up or cause to be filled up a schedule for at the Town Clerk's lot or building to everyone forth such particulars gratuitously setting applying there­ of the as may be prescribed.
to be furnished of--fice, of ( 4)The schedule so filled up shall be handed over on the appraisement on demand, and if it is not so handed shall make their appraisement on the best to the appraisers premises over the appraisers information Du�y of ap- 138.The appraisers praisers.

the Council, they can appraise obtain.


so appointed shall, whenever directed by and, in making their appraisements their description, and locality condition, lots and buildings shall have special of the town, regard to respectively.

the several Powers 01 entry of appraisers.

139.

(1) The appraisers, have full power and authority hours of eight o'clock evening of their duty, shall to enter on any lot between the in,.

the in the morning and six o'clock in the discharge of any business day.
(2)Every person who assaults, in the discharge dollars, appraiser of twenty-four complaint town funds.

and the penalty of the Town Clerk and shall be applied of his duty shall be liable molests, or obstructs an to a penalty may be recovered on the in aid of the Re-ap­ praise­ ment of any lot or buildin_g which has deterior­ ated in value.

140.
140.

(1) The proprietor, or the representative of a lot within the town which he considers in value since the last appraisement two years after the last appraisement a re-appraisement of that lot or building as from the first day of January; require may at any time not less than to make the Council in the year following.
which shall take effect of a proprietor, to have deteriorated Provided that - (a)before any such re-apprais ement is made, he shall pay into the town funds the sum, not ex­ ceeding the cost thereof; fifteen dollars, and fixed by the Council as (b)if any re-appraisement is made after the thirty­ first day of August in any year, the previous valuation for the purpose the following year, be unaffected of taxation thereby.
shall, during (2)If a lot is at any time sub-divided, a divided appraised portion value of th�t lot between the respective may require the Council the s, proprietor the proprietors to apportion of AD.

1949.]

NEW AMSTERDAM TOWN COUNCIL [ No.

25.

89 and thereafter amount so apportioned.


each divided portion shall be liable only for the Provided that the proprietor requiring the apportionment �hall in the first instance dollars the proprietor as the costs thereof, of the other portion pay into the town funds, but he shall be entitled the sum of ten to claim from his share of that cost.
(3)The Council shall have power, at any time after the of this 0.cdinance and also at any time between commencement appraisement, ment and the one next following, to �ny lot on which any building the last appraisement: and before the next general appraise­ any general of order the re-appraisement since or improved has been erected Provided that fourteen days' notice of that appraisement shail be given by the Council building.
to the proprietor or occupier of the lot or 141.The appraisement Town Clerk where all information notice Gazett1::: and one or more newspapers shall be lodged in the office of the Appraise­ to -�f it, and 1Jnt may be had respecting d 1 in the published �/\0;� t Clerk.

that it has been lodged shall be forthwith in the town.

may appeal therefrom 142.

(1) Any proprietor, who considers prietor, excessive, filing with the clerk of court, in the Gazette, appeal, on the Town Clerk.
and within the time herein a plaint in writing or the representative of any pro-Appeal.

the appraisement of his lot or building to the magistrate's court by within one month of the publication setting specified, forth the grounds serving a copy thereof of (2)The clerk of court, after the plaint fix a date for the hearing has been filed, shall of the appeal and give the fees thereof, and the practice, procedure, by the Summary Jurisdiction (Petty and the Summary Jurisdiction ap.

15.
15.

Debt) Ordinance C (Magist�ates) seven days' notice thereupon parties and costs as prescribed Ordinance shall mutatis mutandis apply thereto.

Cap.

9.

(3)The court shall inquire into the matter of the appeal and make any order it may deem just, and the decision of the court shall be final.

( 4)All appraisements shall take effect as from the first day of January, in the year _following .

i VESTING AND ACQUISITION OF LAND.

PART XVI.


143.The Council (a)to acquire shall have full power and authority and hold lands and �cquisi­ purchase movable and immovable for t10n of and on such terms as the Governor lease, property.
- other property, such purposes in Council lease or mortgage immovable, Provided any property, movable or vested in the Council: that the Council may not sell, ex­ may approve, and to sell, exchange, alienate, three, or mortgage any land or other lease for a term of years ex­ change, ceeding immovable of the Governor in intention property except with the approval after notice of the Council, to apply for that approval has been 90 No.

25.
J THE LAWS OF BRITISH GUIANA [A.D. 1949. published weeks; in the Gazette for two successive l (b)to purchase, or und�r and subject to such restric­ to take possession within the town which the Council by the Governor in of, all lands and tions as .may be approved Council, buildings requires ing objects to enable it to effect any of the follow­ - (i)opening any new, o'r exlending, widening thorough­ or improving fare or public place; any existing street, (ii)digging any public well or reservoir for any public tank or water, or establishing fountain; (iii)establishing any public stelling or landing place; (iv)making any new, or extending or improving any existing drainage the sanitary or sewerage; of the conditions (v)improving any public building for municipal or under and subject to such restric­ of, and to take possession tions as aforesaid, any building demolish, in writing certifies or in such a state from any cause as situated, the risk of fire: to increase greatly to be, in his opinion which the Town Engineer so Provided that the certificate shall for his of the Town Engineer length the reasons opinion.
� set fol'th at tovvn; (vi)erecting purposes; (c)to purchase, Procedure where Council wishes to take pos­ of session property.

144.

(1) Where the Council wishes to take possession under the provisions to the Governor property petition which possession is sought, graph (c) of the preceding the certificate of this Ordinance, setting in Council, forth the object for and in any case coming within para­ section, shall send in with the petition of the Town engineer.
it shall present of any a and, (2)The Council a copy thereof, of the property, shall also cause a copy of the petition, whenever to be served is necessary, the certificate on the owner or representative of land held on a lease duly recorded, lease, if the owner, representative, but if there is no owner, representative known, the Council copies are required holder of a lease when known, to be affixed to some conspicuous part of the property, and published �.he Gazette or holder of the lease is known; or holder of the lease of all documents of which shall cause copies to be served on the owner, representative for three successive weeks in in the Colony.
circulating and ·two daily newspapers also on the holder of the and in the case or 145.On the expiration of thirty in Council, ♦ days after the petition is laid that the ser­ he_ may, if satisfied Governor in Council may authorise Council to take pos­ session.
before the Governor vice required of a lease as aforesaid which the petition representative or holder" or holder to be made on any owner, representative has been duly made on or before the day on was sent in, (or in any case where the owner, of a lease is not known, on proof that A.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

25.
91 required the copies hereinbefore on or before the day on which the petition the publications duly made, pass session vest absolutely in the petition, shall be necessary: in the Council and no transport, hereinbefore a resolution to be affixed were duly affixed was sent in) and that to be made have been the Council that property or objects or conveyance required authorising for the object transfer of the property, and thereupon to take pos­ shall at once set forth thereof Provided when that the price or value of the property, in the manner hereinafter pro­ or assessed shall be retained weeks, and a public agreed or determined, vided, successive Gazette town, and during shall remain liable and who would by law have been entitled transport and in a daily newspaper .
thereof.

leviable notice in the hands of the Town Clerk for two given by him in the thereof in the of the Colony circulating at the instance to oppose the passing of any creditors of a that time the amount so retained in his hands as owners, in property interested 146.
(1) When the persons are known, and no agreement is taken, whether as aforesaid, of which Assess­ ment of or holders representatives for the price value of the Plhmerty can be made between them and the Council, r er who, on �n: by the magistrate in� ­ on the other terested to are known.
posession of leases ·of the property value shall be determined or of anyone interested the application side, shall give notice interested appear before him at a place and time specified notice to be served at least fourteen named for appearance.

in the property in the notice, clear days before the day of the Council, to all parties or assessed the 'I !
(2) On the day named, and on the appearance or in their absence, the magistrate may hear the matter and may award to any party such of the sum parties, and determine the value, for costs and expenses as he may think fit.

(3) Any party dissatisfied by Cap.

16.

(2) The am.aunt in the Registry 147.

(1) If the parties interested in with the award of the magis- trate may appeal to the Full Court in the manner provided (Appeals) Ordinance.
the Summary Jurisdiction are not known, Assess­ the property ment of of the property an appraisement to value t°f proceed and shall thereafter e : ;er- ���r be sons· in­ by the magistrate shall n k�e net the value of the property.

determined of the Supreme Court, and may be paid terestecl deposited out cm the order of a judge o� the S�preme Court on the petitio of any person or persons the magistrate by two disinterested determine shall first procure persons, provmg a nght thereto.
arises of any dispute own, or Dispute or claimants, among several any doubts as entertains the magistrate of the amount l?

appoi:­ or appropriation 1 1 the amount shall be deposited in the 0 �;i�nt £°1 ��all .. s.sessed.

thereof or appropriation by a judge of the Supreme Court, on the petit10n 148.
Whenever when in the absence doubts as to the apportionment or assessed, determined Registry, be determined ii · of any interested 149.At any hearing and their witnesses their atteridance and the apportionment �xamina­ hon, at­ on oath or affirmat10n, and tendance in like manner as is provided under this Ordinance, shall be enforced shall be examined in�erested any dispute the parties · party.

92 No.

25.]
92 No.

25.]

THE LAWS OF BRITISH GUIANA [A.D. 1949. and remu-by any Ordinance n�ration of cedure before magistrates witnesses.

and they shall be entitled for the time being in force regulating the pro­ of their ciyil jurisdic �ion, ) to the remunerat10n _ in the exercise prescribed thereunder.

PART XVII.

STREETS.

Council to 150.

The Council keep streets levelled, in repair.


occasion shall cause all streets altered, flagged, in the town to be or repaired paved, metalled, may require, lowered, to be raised, place and keep in repair fences and posts for the safety of foot passengers.

and they may cause the soil of such street or altered as they may think fit, and may as the Protection of streets.

pave­ 151.
(1) No person shall break up or open the surface, in the town or lay any pipe or wire or thereof or thing whatsoever ment, or soil of any street any other matter or any part of the sub-soil p] ace or erect any pole, post, hoarding structure Council; liable fine of ten dollars hoarding, so laid or erected Council: in any such street without and every person offending to a fine not exceeding or parricade, after written in or under any such street for any purpose whatsoever, or barricade or other of the consent shall be this section or the previous against ninety-six dollars , and to a further for every day that any wire, pipe, pole, post, or any other matter or thing shall remain notice of the offence from the Provided that this section shall not apply to the Director Engineer authorised.
may, by resolution or any one authorised l or by agreement under for such consideration as shall be any person to authorise vested in or soil of any street or agreement, Public Works, the District or any other person lawfully (2)The Council the common seal of the Council in such resolution specified break up or open the the surface the Council whatsoever sub-soil thereof, or other structure barricade and conditions as the Council or to lay any pipe or wire or any other matter or thing in or under any such street, and at any depth in the in any such street shall in each case think proper.
upon such terms or to place or erect any pole, post, hoarding, of by him (3)Any damage done by the breaking the pavement, surface, the person performing cil, be made good by them at the expense expense may be recovered in any Court.

or soil of any street shall the acts or may, at the option of the Coun­ of such person, and such up or opening be made good by of 152.

(1) Any person who encroaches of competent on any street or on any jurisdiction.
(a)by erecting thereon any kind whatsoever (b)by erecting, planting, or thereover or or any signboard, any structure of fence, hedge, ditch, (c)in any other manner arch, bridge, or digging thereon or whatsoever, any or drain, ,.

for every such offence to a fine not exceeding shall be liable ninety-six dollars.

(2)It shall be lawful for the· Town Engineer to.

remove every such obstruction or to cause such building or ot'her struc- Encroach- ing on streets.

part thereof- AD.
part thereof- AD.

i949.J NEW AMSTERDAM TOWN COUNCIL [ No.

25.

93 ture, hedge, ditch, to be removed, the person so offending.

arch, bridge, taken down, or filled· up or opened at the cost of or drain or other encroachment 153.It shall be lawful for the Council other structure street.

erected or standing over the side drains of any may 1�- to remove any bridge or Council move structures over drair:..s.

154.
154.

(1) The Council of any land adjoining tjme to be specified properly such land is allowed such fence to be repaired any street, in such notice, may, .by notice in writing require to the owner Notice to such owner, within a owner of to cause such land to be larrd.

!0 e · ::;.

and, where the fence of any F!i��� to be or to remain out of repair, to their satisfaction.
to require fenced to their satisfaction, (2)Any owner who makes default with the in complying requirements four dollars, the default Council.

of any such notice and to a further continues shall be liable fine of one dollar to a fine of twenty­ for every day that after written notice thereof from the I Owner o�­ whenever on every �%/feric 1p�; _..,, 155.

(l) The owner of any lot in the town shall, required :�:de with a sufficient by the Council, cause such land to be enclosed fence to the satisfaction of.
the Council.

(2)The owner of any lot of land in the town on which shall, whenever to be enclosed one or more houses have been erected by the Council, appurtenant satisfaction thereto, of the Council.

(3)Any person who fails or neglects under this section cause the site of every such house, with the land fence to the to comply with Penalty.
within the time to a fine of twenty-four for every day during which thereof after notice shall be liable fine of one dollar continues any requisition therein and to a further such non-compliance from the Council.
with a sufficient of the Council prescribed in writing dollars required with a notic;e ( 4) Where the fence erected by the owner of any land served on him by the Council the land of such owner from the land of in compliance tbis section an adjoining shall be borne by such adjoining by him to the owner on whom the notice was served by the, Council in a summary manner before a of the cost of such dividing owner, and shall be a debt due divides owner, one-half and who has erected magistrate.
such fence, under fence and may be recovered 156.

It shall be lawful for the Council which is not under the control ing street purpose 01� surface pulsorily, of widening or effecting improvements of such street in the manner herein abutting on such street.

and for such purpos.es before provided to take over any exist-Taking for the o;er of the Council t s ree s. to the drainage to acquire com­ any land and >·buildings · may authorise 157.

The Council bl.
The Council bl.

I ·th' th · t or p-µ 1;c p ace w1 m e own o -_ any oun am, s a ue, or monu-monu- ment apd may maintain remove any fountain, • t t f t the same, and they may at any time ments.

or monument erected the erection in any street statue; in the town.

· statues and f Four.ta.ins, 94 No.

25.

J THE LAWS OF BRIT'ISH GIJIANA [A.D. 1949.

Trees.


158.The Council may, if they think fit, plant and maintain trees in any street their control, such trees or any of them, and may erect guards for the pro­ tection or in any square under ➔ and may as they think fit, cut down, trim, or remove vested in the Council, of any trees.

Abate­ ment of nuisances.

159.


(1) Where any tree or the branches thereof or any or hedge overhangs brushwood lawful for the Town Engineer of the lands where such or occupier is planted requiring or standing, off or remove such overhanging within a time to be snecified any street or drain, it shall be to serve a notice on the owner or hedge tree, or brushwood, such owner or occupier to cut or hedge branches, in such notice.

brushwood, (2)Where any tree standing any street or drain is, in the.
opinion dangerous to passengers any electric cable, the Town Engineer of the lands whereon such owner or occupier time to be specified wire or telegraph in such notice.
such tree is planted along such street, or likely to damage pole, it shall be lawful for to serve a notice on the owner or occupier to cut down or trim such tree within a or standing, requiring on any lands abutting on Engineer of the Town (3)If any such owner or occupier refuses or neglects specified, by them in writing, to comply with any notice served upon him under this section, within the time therein it shall be lawful for the Coun­ cil, or any person authorised to cut down or trim such tree, or to cut off and remove such branches, wood, or hedge, and for that purpose, and upon the lands whereon such tree, brushwood, planted in cutting branches, such owner or occupier.
brush­ to enter into or hedge is by the Council -'( such from summarily down such tree, or in cutting or hedge may be recovered and the expenses or standing; and removing if necesary, brushwood, incurred By-laws.

160.
(1) It shall be lawful for the Council and limiting (a)for declaring both or either as the time of such of any street, public use, or as to the character of the traffic on such street; (b)for the control, to make by-laws the use by the .public management, - and for the prevention repair of streets, removal of any obstruction thereon, other than as a means of passage, wise for the general for the prevention of the use thereof and other­ construction and and or projection management thereof; (c)for prohibiting of any the use upon any street vehicle and for regulating which and the conditions may be used or driven over a street; the manner in under which the same (d') generally the persons for the purpose of carrying of this Part of this Ordinance provisions for authorising laws to carry out, supervise carrying ing for the manner in which and the persons from whom the expenses provisions the or control and for provid­ out of such by-laws, out the and of carrying named in such by­ of such by-laws are to be recovered.
out the A-D.

1949.]

NEW AMSTERDAM TOWN COUNCIL [ No.

25.

95 \_ \ five to time offence, a penalty dollars, 161.It shall be lawful for the Town Engineer, any of such by-laws a penalty or, in case of a continuing dollars (2)There may be imposed in respect not exceeding of any breach of forty-eight not exceeding for each day during which such offence continues.

time Town Engineer has become may stop .

traffic on .

.

any street 1n which has become angerous.

shall d dangerous· (b) d .


h ' t. f urmg t e execu 10n o any wor s or repairs any street, (a)when a street or to order that the traffic on such street, _ cease, and that such street traffic during such time as the Town Engineer for public safety, or for the proper and efficient ::;uch works or repairs.

Notice of such order shall be publicly posted in or near the street to which such order relates.
or any part thereof, shall be closed to may deem requisite or any part thereof any part thereof performance of from or k 162.

(1) Every person who shall prevent or obstruct or any person who shall with� or attempt Offences.

the use of any street, excuse encroach to obstruct out reasonable on of this Part of this Ordinance street in contraventi made thereunder by-law or regulation dollars.
not exceeding forty-eight to use any or any to a fine on or use or attempt shall be liable (2)It shall be lawful for the Town Engineer or any by him or any constable being used to seize and detain upon any street in contra­ person authorised any animal or vehicles vention of this Part of this Ordinance thereunder.

or any by-law made have been incurred 163.


(1) Where expenses ereon, sue ex ra expen 1 in repairing a weight carried th by the Council h t d·t · d · b Council by the Council may street by reason of damage caused by excessive traffic recover over or along d expenses.

ure so mcurre may e recovere from per- for such damage.

sons caus- in streets.


weight or traffic from the person responsible the same, or by excessive (2) If the Council agree with any person liable for ing damage damages in respect to accept a fixed sum for and in respect such person shall pay such sum, then and in such case such under this person shall to any proceedings of the carriage of such damage, and not be subject of excessive section.

Part XVIII.

SANITARY CONVENIENCES.


164.The Council may, if they think fit, provide sanitary situations, tain in proper and convenient in any street, square, may employ and pay attendants for the use of any sanitary provided.

or public place vested in the Council, convenience and make reasonable (other than a urinal) so conveni­ conveniences and main-Sanitarv and ences.
charges management as to the proper conduct 165.The Council may make by-laws with respect of any sanitary conveniences of persons "sanitary water closets, privies, 166.

The expression urinals, conveniences" using the same.

provided by them and sections similar convenience includes .

in the last two Definition.

ashpits, and every of sanitary to the By-laws.

con: vemences.

96 No.

25.

J THE LAWS OF BRITISH GUIANA [A.D. 1949.

Part XIX.

WATERWORKS.

� Water supply.
for sanitary h� use to the extent required; the town with a supply of for extinguis and for lay purposes, may construct, 167.The Council shall provide and for private waterworks and things necessary and keep in any waterworks water proper and sufficient ing fires, those purposes or of any of them the Council down, and maintain matters provide by them under this Ordinance reasonable charges shall be constantly to the top storey of the highest or at any other suitable for the supply, laid on at a pressure dwelling directed pressure and do and execute and proper; and the Council or laid down a supply of water, and may make constructed all works, shall and the water so supplie!d sufficient to convey it house within the town by the Cou·ncil.
I t".

i f i I Misuse of water appliances or divert­ ing water.
168.Every person who wilfully or carelessly breaks, injures, by the Council under this Ordinance, or unlaw­ or takes water from any water­ or opens any lock, cock, waste pipe, or waterworks, constructed or maintained fully flushes, draws off, diverts, or maintained works so constructed or stream by which the waterworks negligently he is supplied penalty of five dollars after a written or from any water, creek, or wilfully are supplied, to be wasted any water with which for every day on which the offence is continued notice in that behalf by the Town Clerk.
a penalty and a further not exceeding twenty-four shall for each offence, forfeit wastes or causes by the Council, dollars, or Offences.
169.Every person who bathes in any stream, constructed reservoir, con- or maintained cleanses, throws, or causes to --f or causes the water of any sink, sewer, drain, or improper stuff or thing of any or suffers to run or to be or filth, engine, water, or does to the Coun­ whereby any water belonging therein, any animal, rubbish, or permits, or other waterworks, duit, aqueduct, or washes, under this Ordinance, enter therein kind whatsoever, brought boiler, anything cil or under its management in any reservoir, constructed feit a penalty penalty continued or maintained, not exceeding .o·r other filthy, whatsoever aqueduct, is fouled, after written unwholesome, of five dollars conduit, or control, twenty-four dollars, and a further for every day on which the offence is notice in that behalf by the Town Clerk.
or any water contained or other wa;terworks, shall for each offence, so for, Part XX.

COMPULSORY WATER SUPPLY.

Connection 170.

(1) Every lot in the town shall be connected with the water mains in the streets· to be com-nearest of the town by mea_ns of a pu�s?ry, service pipe on which there shall be placed at least one tap.

efficient, (2)The connection u 1 fJn:' a continuous f�\: tinuous.
and shall at all times be kept in such proper condition, as to secure that shall be at all times shall be for the purpose water supply to every lot from the waterworks, and the supply therefrom pipe or otherwise, of the service of effecting f either by renewal supply efficiently, continuous if it is available from the waterworks.

A-D.

1949.]

NEW AMSTERDAM TOWN COUNCIL [ No.

25 .. 97 (3)If any lot is without have power and is hereby authorised the -connection.

a connection, shall .


the Council to make and shall make (4)Whenever a connection has been made but has, at any time and from any cause whatever, the purpose a continuous of maintaining -Cil shall have ·power and are hereby authorised nection for water supply the Coun­ to put that con- in proper and serviceable condition.

(5)The Council shall have the exclusive right to make hecome defective, any connection, any time found necessary.

any renewal thereof � ,and.


all repairs thereto, at (6)The cost of making a connection, any renewal there­ repairs of and all necessary lot to which the connection, made, and the lot shall be liable renewal or repairs and leviable shall be a charge on the has or have been therefor.

thereto, (7)The cost of the service pipes and other materials up to the boundaries and the further shall be done at the cost of and be a charge against and the lots.
for the additional cost thereof work on the lots the owners of the lots shall be borne by the Council, Part XXI.

THE POUND.

shall keep a pound at some convenient Council to 171.

(1) The Council place within the town, and notice of the appointment to be a pound shall be published in in the town.

paper of the Colony circulating (2)The pound shall be under the charge and superin­ of a place keep a and in a news-pound.

the Gazette tendence by the provisions of the Council of the Pounds Ordh mce.
and shall n, ·t, be in any way affected (3)The appointment and all pound fees, penalties, shall be of the pound-keeper and sums of vested in the Council money ·payable ance shall enure for the benefit of the town funds .. under the provisions of this Part.

of this Ordin­ · Cap.

93.


172.When any stray is found trespassing on private or land may send this stray to the pound and ises or land within the town, the owner or person in possession of the premises for doing so shall receive forty-eight cow, ox, steer, or heifer, twenty-four cents for every horse, mare, gelding, cents for every calf, sheep, or goat.

cents for every ass, and pony, mule, bull, the sum of keeper thereof thirty-two from the prem-Strays in town.
· I l i "l 173.Any animal found grazing on the town savannah, unless Stray on has been paid to the Town Engineer or town.

the fee for its grazing some other duly authoriseo the Town Engineer, send it to the pound, and he shall receive t11e fee mentioned person, or some one duly authorised shall be deemed a stray, by him, may from the keeper thereof section.

in the last preceding , 174.


(1) The owner or person for the time being in charge Stray on street or pony, mule, ass, bull, cow, ox, steer, < of any horse, mare, gelding, in burial heifer, on any public street, road, dam or place within the town, or within the burial ground ground.

hereinafter Viction thereof shall be guilty of an offence and on con- ten shall be liable to a penalty or calf, tethered, not exceeding mentioned, or straying grazing, and savannah.

98 No.

25.]
98 No.

25.]

THE LAWS OF BRITISH GUIANA [A.D. 1949. heifer, or calf, may be seized and impounded and the horse, mare, gelding, dollars ox, steer, member of the police force, any town constable, authorised .

tethered by anyone.
tethered by anyone.

by the Town Engineer, and any sheep or goat may be seized and impounded by any� or any one 1 pony, mule, ass, bull, cow, as aforesaid or straying (2)_ The same pound fees and expenses shall be paid and received able in respect of strays on private of that animal as are payable or land.

premises in respect and receiv­ (3)All swine straying premises or trespass or artd in the town may be destroyed ing on any public or and their private carcasses shall belong to the destroyer.
.Poundage 175.

(1) The pound-keeper, money and demand and receive expenses.

from the person claiming or heifer, eight cents for every horse, mare, gelding, ox, steer, and the sum of twenty-four cents as poundage the stray.
money, and the expenses and the sum of thirty-two of feeding before deliv.ering any stray, shall it the sum of forty­ pony, mule, bull, cow, cents for every ass, for every calf, sheep, or goat, and advertising be entitled (2)The pound-keeper shall of twep.ty-four cents per diem for feeding ing, pony, cents per day for feeding mule, ass, bull, cow, ox, steer, or heifer, each calf, sheep, or goat, and no more.

and eight to charge the sum each horse, mere, geld­ Proviso.
Provided that the young of any mare, cow, ass, goat, or sheep, sent six months old shall not be liable to the pound with its mother or dam and under to poundage.

Time for 176.

(1) All cattle driving from the grazing in of eight o'clock cattle the town.

evening.
evening.

kept in the town shall be driven to and -, savannah in the morning and after six o'clock along the back dam before the hour in the (2)All cattle for any purpose shall o'clock midnight be conveyed brought be so driven between the hours of twelve in the morning, the town at any hour.
into or driven through the town in a cart through and five o'clock may but cattle (3)All cattle driven through (2) or as mentioned the town within the hours in subsection (1) of that is to say, a single in subsection specified this section shall be under proper control; animal must there are more animals threes and shall drivers.
be under the care of a minder or driver and when than one they shall be yoked by twos or be under the care of two or more minders or Penalty, (4)Any person for the time beingjn charge of any cattle the provisions of this section shall be liable to a who contravenes penalty of ten dollars. '

• Impound­ ing of cattle driven through the town.
177.All cattle brought into or driven through the town in section of the last preceding contravention by any one authorised impounded one hundred and seventy-four pound fees shall be paid and received payable or land, and the owner or person claiming possession �hc"\11 in addition in respect of strays on private to a fine of five dollars (for of the cattle the benefit to impound strays under section and the same J as are thereof may be seized and of this Ordinance, and receivable in respect premises be liable A.b.-1949.J NEW AMSTERDAM TOWN COUNCIL 't No.
25.

99 ( of the town funds) for each head of cattle fine shall be also paid to the pound-keeper the cattle.

so impounde_d, and that before the release of the pound, or any lock or belt Offences.

178.Every (a) person who- damages or destroys belonging thereto or releases, or attempts or with which it is fastened; or to rescue or re­ on the way to the pound any stray taken .
of this Ordinance; of being impounded or or attempts or releases, to rescue or re­ under the any stray impounded under the authority before it has been discharged (b)rescues lease, for the purpose authority (c)rescues lease, of this Ordinance by due course of law, to a penalty shall be liable not exceeding fifty dollars.

179.

(1) No person who takes an animal to the pound may Riding or ride or in any way beat or ill-use any way� other than the nearest way thereto.
(2)Every person who contravenes all right to the poundage, shall forfeit the provisions of this and shall be liable stray.

it, or take it to the pound by ill-using section to a penalty not exceeding twenty-four dollars.

180.
180.

(1) Any person who takes up a stray in the town with Tim� for of irr:pou�ding it shall not detain it more th�n three sfndmf the intention hours before sendmg 1t to the pound, unless the stray 1s taken ih� in which case he shall send it to the pound before up after sunset, ypo�nd a / dght o'clock on the following morning.

section (2)Every person who contravenes shall be liable to a penalty of five ctollars.

the provisions of this Penalty.

181.


(1) The pound-keeper shall keep a book in which he Keeping a stray and the name of the person taking or it to the pound, with the colour, shall enter the date when any ,stray is received, person sending delivering of each stray, the party impounding; tion of any person during the day without ·c2) Any pound-keeper who neglects any fee.

the place whence it was sent and the sum paid to and the book shall be open to the inspec- and marks description, to make any entry.
the name of every record of strays.

in the book, or wilfully demands any fee· for making any entry, not exceeding fifty dollars.

makes any false or incorrect shall be liable entry, or to a penalty 182.The pound-keeper newspaper circulating in the pound, describing his book; and if in any case he neglects to a penalty of five dollars.
shall publish in the town a correct once every week in a Weekly list of all the strays as recorded them in every particular in of list to do so, he shall be liable of strays.

publication • ·I 183.The pound-keep daily to each stray in the pound a sufficient quantity and water; and if in any case he neglects dollars, of twenty-four liable dismissal.
be liable for, furnish, to do so, he shall be :water for shall ����unded and in addition and give Providing of good grass grass and er shall procure to immediate to a penalty 184.The pound-keeper, or some person appointed h-is deputy and f6r whose acts or omissions matter or thing under this Ordinance in respect he shall be responsible, by him as A,ttend­ ·pound- of any ance of 100 No.

25.]

THE LAWS OF BRITISH GUIANA [A.D. 194f keeper or his deputy.

Penalty.
Penalty.

shall constantly be at the pound between the hours of six of the -➔ clock in the morning and six of the clock in the evening to receive and if he or his _deputy makes default dollars and deliver in that attendance for each default.

1 he shall be liable to a penalty all strays; of ten Hiring out or ·using stray.
185.If the pound-keeper - (a)hires out, lets, uses, works, or employs any stray; or (b)allows any stray to be taken out of the pound wrongfully; (c)suffers any stray or (t or injured; while impounded to be ill-used Penalty.

he shall be liable to a penalty not exceeding fifty dollars.

Sale of unclaimed stray.

days after the 186.

(1) If any impounded stray impounding, (2)The pound-keeper it shall be sold.
shall advertise is not redeemed for sale one week within three of the Colony circulating in the town all strays, in a newspaper except sheep, and goats, some conspicuous strays for two days beforehand.
and notify upon a board, to be placed in sale of all part of the pound, the intended , (3) The sale shall take place by public auc-tion between the hours of eleven of the clock in the morning and three of the clock in the afternoon; the ·sums of money due for rewards and the expenses, th Town Clerk the balance and the pound-keeper, after deducting shall pay to of the proceeds of sale: that if any person proves to the satisfaction within three months after the sale of any stray, Provided of the magistrate, that he was the• owner of it, the Town Clerk shall, order of the magistrate, of the sale of the stray paid into the Town Clerk's (4) Any stray duly advertised pay to him the balance hands.
upon the of the proceeds and put up for sale under -( but not sold may be disposed of or destroyed by this Ordinance the pound-keeper.

Purchase of stray by pound­ keepei" void.

Penalty.

187.

If the pound-keeper directly or indirectly unclaimed and the pound-keeper exceeding stray sold out of the pound, the purchase shall in addition fifty dollars.

be liable purchases shall be void to a penalty any not Part XXII.

THE BURIAL GROUND.

Public burial ground under the control of the Coun­ cil.
188.On the commencement of this Ordinance, in Stanley Town, including the public in that any addition burial ground established description of this Ordinance, the Council sufficient with such shall appoint number of fit and proper persons remuneration as the Council made thereto shall be under the control after the commencement of the Council; and and a a sexton to take charge thereof, to be grave-diggers, may think fit.

Mainten­ ance.

189.


(1) The Council bush and weeds and from nuisances in proper order and repair the avenues1 walks, and trenches thereof.

shall keep the burial ground free from .

of every kind, and shall keep­ bridges, palings, fences, roads, of the ground and the drainage 4.D.

1949.

]NEW AMSTERDAM TOWN COUNCIL [ No.

25.
25.

101 ... : ... _ behaves (2)Any person who within the burial ground, or injures tombstone, manner or plucks the fruit or flowers or trees or any graves, vault, may be rail, or any other thing there fixed or deposited shrubs, in a disorderly any flowers, tablet, arrested constable town constable, rural in the burial ground by the Council, a penalty liable to not exceeding a warrant without by any member of the Police Force, or by any other person employed and shall on conviction be dollars.

Penalty.
Penalty.

vaults or tombs in the burial ground shall Regula­ twenty-five 190.

All graves, have a clear space of two feet between placed in uniform depth of at least four and a half feet and until closed kept clear of water; and a clear space of six feet shall intervene between the outside fencings line of graves, ground.

and each grave shall be of the graves.
tombs or vaults and the one another or palings parallel and shall be tions for up, shall be of the lines; a right to build a vault Regula­ to acquire a grave with a railing upon any part of a grave for the purpose 191.Any person wishing or brick grave, or to enclose any stone or tablet acquiring ground, authorised of the land to be occupied or enclosed cents per square foot superficial ions for or to place t of vawltf and ta e s. the burial is hereby to grant leave to do so on payment to it of the value a right of property shall apply to the Council in the grave within and the Council at the rate of sixty-seven measure.
192.The Council in respect be entitled Schedule hereto.

to the dues, charges, of any interment, and fees set forth shall have and Fees.

Seventh in the Seventh Schedule.


193.Every person who in any yard, garden, within the limits less than fifty recovered dollars buries or premises, it to be buried Prohibi­ a corpse or causes tion of or in any otHer place whatever of not burial of to be ��rprs m to a penalty dollars and not more than ninety-six of the town, shall be liable by the Town Clerk, in aid of the town funds.

Pe�al;;�· specifymg as far as practicable the name, des1gnat10n, of every person interred 194..
The Town Cle� k �hall keep a regist_er of.

all in term en ts in Register of therein, the burial ground, nationality, and also the number of the grave and the date of the interment; and, at the end of ·every three months, the Deeds Registry, for that period; any interment be entitled _a duly certified and the Town Clerk shall deliver any person applying the sum of fifty cents.
shall lodge or deposit copy of the register to charge therefor aforesaid to a certificate for it, and shall- Berbice, in of sex, age, anµ interments.

PART XXIII.

BORROWING POWERS.

_ 195.

(1) The Council may, with the sanction of the Governor Council from time to time, borrow such sum or sums of money �ay bor­ as they shall deem row sums six hundred thousand dollars E;x­ works, or of any not d of any permanent t?
exec�te u_nder this Ordinanc·e $600:roi, for the execution 'in Council, not exceeding necessary works which they.

are authorised or any other Ordinanc repayment of-any loans pur���e whatsoever, specified whether or not.

e for the time bemg m force, or any part thereof, or for the with the or for any other sanction of the .

o m Cowicil.

vernor.

of the same nature as those above G 102 No.

25.

J THE LAWS OF BRITISH (2)Every application GUIANA tA.D.
1949. of the Governor-t for the sanction· of any loan shall state the amount pro­ of such loan, the purposes and the rate of interest to be paid loan to which the proposed proposed the period within which it is proposed the method of repayment 'by equal annual instalments on the annuity combined of of principal, or system or of loan, and where no security intended thereon is intended to be made for the r�paymnt if any, to be given for the repayment to be given, of the loan of the Council.
from the ordinary revenue to the raising and interest to be applied, the security, in Council posed to be borrowed in respect is intended that such loan should be repaid, such loan, whether of the principal otherwise; the proposed the provision and interest Governor 196.The Governor in Council Council, may sane-thereof tiot appr-allocated ��t1oin by the Legislative to other purposes.

Temoorary loans.
Temoorary loans.

sanction to purposes other under any Ordinance, Council 197.The Council than those· to which such funds are · given or by terms of any sanction under this Ordinance.
in Council, may, on the application the application of any loan funds of the or any part may, with the sanction of the Governor in advances, for defraying such sum or sums of expenses borrow as temporary Council, money as they may think ·proper in the approved estimates payable the Council, and arrangements have a current their account such sanction: revenue they may, with the like sanction, enter into with the manager of any bank with which they out of the ordinary account, to overdraw --, to such extent as may, in eacp.
case be specified for allowing the Council in included of Provided repaid before same shall have been the expiration always, that every such advance shall be year in which the of the financial made to the Council.

PART XXIV.

BY-LAWS.

By-laws.

198.


(1) Except as otherwise provided in the Public Health 1934, the Council may, with the approval of the Gov­ Ordinance, ernor in Council, the good rule and government health of the inhabitants of nuisances; but the Council ing any of the matters or one hundred and sixty-four (Offences) Ordinance.
mentioned from time to time make by-laws, generally for of the town, for promoting the and for the prevention and suppression shall not make any by-law affect­ .in section one hundred and sixty of the Summary Jurisdiction Cap.

13.
13.

(2)In particular and without prejudice to the generality subsection the Council may make by-laws relat­ for the foregoing ing to- (a) (b) of the sub-division of lots within the restriction the town; of markets, the regulation grounds and crematoria, fees and dues in respect abbatoirs, and the imposition thereof; burial of (c)the regulation of the Colony House gardens and oth�r public recreation ground; .

A.D.

1949.]

NEW AMSTERDAM TOWN COUNCIL [ No.

25.
103 (d)the regulation of the number, and sty le of buildings and gen­ dimensions to be erected eral character on lots in different portions of the town, and any other matters of buildings; connected with the erection (e)the prohibition of the establishment shops and manufactories town, and the regulation shops and manufactories town; of provision of th� in certain parts of the number of those in other parts of the of hackney thereof; the control control (f)the supervision, and regulation carts plying for hire and of the carriages and of the drivers weight and class of all kinds traffic in the town and the confinement to any street or streets of the town of any particular or section traffic; kind of vehicular (g)the supervision and regulation of vehicular and control boatmen of boats plying for hire in the harbour of New Amsterdam, and the regulation rates and fares to be charged of the owners and of the by them; of porters, jobbers (h)the control and management and hucksters; (i)the protection (j)the safeguarding ings and the removal of buildings and removal from fire; of dangerous of obstructions; build­ (k)the marking of boundaries, the open spaces to be left on lots; the fencing o'f lots and (1)the control of the streets, public wharves and other public places; (m)trespass streets in alleyways and the parapets .
(3)No by-laws shall come into force until they are pub­ and the encumbering thereof of pavements and of lished in the Gazette.

( 4)There may be attached to any by-law a penalty and, in the case of a continuing one hundred dollars or three months breach, for Penalty.

a further ten dollars for each day whereon- the breach after a notice of the breach has been served by the breach of it not exceeding imprisonment, penalty continues Council.
not exceeding (5)Any by-law may authorise the arrest found committing a of any article in relation or is being committed.

breach thereof and the seizure to which a breach of the by-law has been of any person and forfeiture PART XXV.

FIRE BRIGADE. '

I, .. 19�.


(1) The fire brigade of the town shall be under the con-Fire trol and management of the Governor Provided that - (a)the cost of equipment agreed between CounciJ, and the public revenue shall be borne equally the Governor of the Colony; and and upkeep, in Council: brigade to be under t�e as mutually and the Gove�nor by the Council thontrol in Council.

in Council 104 [ No.

25.


THE LilWS OF BRITISH (b)the expenditure GUIANA [A.D. 1949. so incurred .by the Council shall be deemed to be expenditure is authorised graph (e) of section of this Ordinance.

to incur within the meaning one hundred which the Council 4 and twenty-one of para­ (2)The Governor in Council make by-laws for the regulation of the fire may from time to time brigade.

(3)Until by-laws section (2) of this section, in force at the commencement in force and expression Council".
shall have effect as if there were substituted the expression ''the Council", "the Governor shall continue for the in of this Ordinance are made under the provisions relating the by-laws of sub­ to the fire brigade Power to destroy in order to arrest spread of fire.
of any measure 200.Any person in whom the control of the fite brigade to him necessary or by-law applying is vested, for the purpose under any Ordinance the control it appears gress of any fire, to order any house or other building, erection, empowered or receptacle damages in respect against acting by his authority.
in the neighbourhood of anything otherwise in any tank, cistern, anyone in ·whom that control to be pulled down or is vested or against to use any water to be taken to the town or in whom if is hereby empowered, the pro­ of arresting paling, or is also destroyed, and he of the fire; and no action for so done shall be maintainable or other vessel anyone PART XXVI.

LEGAL PROCEEDINGS.

Recovery 201.

(1) All offences under this Ordinance of penal-made under this Ordinance ties.
able on summary conviction shall be deemed to be offences or any by-law under the Summary Jurisdiction --, punish­ unless Ordinance expressly and all penalties, (Offences) all such offences expenses to be recovered in a summary manner or the recovery provided is not otherwise court.
in the magistrate's and costs and by-law directed of which and recovered for, may be prosecuted fines, forfeitures, under this Ordinance or under any such to the contrary, stated Penalties (2)All penalties, to be pay-recovered able t<?

the shall be received Council.

for offences under this Ordinance or under any by-law, by the magistrate and unless the contrary is be paid in by him to the Town Clerk for the fines, forfeitures, costs and expenses expressly provided, use of the Council.
or complaint proceedings, (3)Any information for any offence against of this Ordinance or of any other Ordinance may institute made by the Council, for the provisions the time being in force ,for the breach of the provisions whereof the Council or for the breach of any by-laws may be made or laid in the name by the Town Clerk or any officer or officers of the of the Council Council of the Coun­ cil, either generally of specific or officers of the Council of the Council court 'in all cases in which the Council or defendants.
of offences or of specified authorised in that behalf by resolution against by-laws; the proceedings duly authorised before a summary enactments, or in respect may conduct and any officer A in that behalf by resolution the provisions are either complainants d AD.

1949.]

NEW AMSTERDAM TOWN COUNCIL [ No.

25-105 \� ( 202.


All contracts entered into by the Former Council and things by them duly done and performed (r_ matters and all Ratifica- prior to tion of acts shall be and are hereby of Former al{i Council.

aqi uodn pasBq SBM uon0!AT.rn;) town taxes, moneys, and property of every of this Ordinance, the commencement q'l-81 aqi O'J.
sJUffBFU a0uap1Aa outstanding action, description, commencement declared Council shall have full power and authority recover to which the Former Council was them.
203.All bonds, debts, obligations to vest in the Council of this Ordinance and receive entitled shall vest and are hereby prior to the under this Ordinance, and the to sue for, levy, and liabilities of the Former Ratifica- Council, and all charges upon its property and revenues, shall tion of in full force and effect as against, , subsist and continue ) be due and owing by, the Council L_ Ordinance, \ tne like preference had not been passed, alter, �ray prejudice, and be charged upon its property and revenues with under the provisions ou n and in the �ame ma!mer as _if this Ord_inance shall m any and nothmg herem contamed or affect the right of preference of any who shall have and enjoy the of this t Fo1er and shall liabilities c i · NI creditor of the Former Council, same rights and preference sions of this Ordinance he had and enjoyed against and against the Council its revenues prior to the commencement into by the Council, 204.No contract entered under the provi­ and property as of this Ordinance.
nor any matter No per­ or thing done by it, or by any officer or person whomsoever under its direction, contract acting sonal if the matter or thing was done, or the liability of execut-�or a�ts.

for the purpose to any gg�d }�ith · ' · any of its me·mbers personally demand whatsoever, into in good faith, 'r ing this Ordinance, was entered subject shall, liability, claim, or in its corporate action, incurred or person acting under its direction, out of ·the town funds.
by the Council and any expense or any officer capacity, shall be borne and repaid ..._!r a:�1.d thereof, shall be entitled 205.

The Council, and each and every member thereof, each and every officer and servant person acting under its direction, to al� !llatters thi�gs done or intended prov1s10ns provisions of this Ordmance, of the Justices to the benefit and protect10n .

or any registered 206.


(1) The Attorney-General and Protection and each and every of Council an� of with respect the ������!1 of the · y.

Cap.

254. tion for a writ of mandamus or for an injunction may apply to the Supreme Court in its Civil ing8J for this Ordinance Jurisdic the performance to be by it as a corporation or to restrain Ordinance, act.

or improper voter under ProC'eed­ to compel mandamus of any duty, act, matter or _thing o_r injunc- under this hon.
done and performed of any illegal it from the performance to be done �nder by the Council Protection ·Ordinance (2)The Court shall have full power and authority being adduced for so doing, to i� l -I-,; .,_, whether there exists grant the application, on just grounds any other legal remedy or not.

, · (3) Every application with in manner and form directed being in force relating 207.The Council thereto.
I when granted shall be proceeded by any enactment for the time • fee, toll, due, fare, or charge fixed by this Ordinance, and thetion or may from time to time reduce or abolish any Reduc­ ,I !

106 No.

25.]

THE LAWS OF BRITISH GUIANA [A.D. 1949. reduction newspaper or abolition · shall be published of th� Colony circulating in the town.

in the Gazette and a � 1 abolition of foes, tolls or charges.

Limitation of pro­ ceedings.


before the magistrate shall be commenced under any of within six 208.Every proceeding of this Ordinance the nrovisions months from first accrued, may be, according to appeal provided regulating summary jurisdiction magistrates.

procedure the time when the right of complaint and the procedirtg shall be conducted, or proceeding the form or procedure and be subject by any Ordinances before magistrates for.
the time being in force of their in the exercise of and appeals from the decisions as nearly as to the Affirma­ tion.

209.

(1) Every person who is authorised by law to affirm instead Ordinance of taking an oath is required to be taken.

an oath may affirm in every case in which by thif; (2)If any person taking any oath required nance or affirming affirms be liable falsely, to be indicted of taking the oath, wilfully of perjury, accordingly.
he ·shall be deemed guilty and punished instead by this Ordi­ swears or and shall PART XXVII.

MISCELLANEOUS PROVISIONS.

Transport and docu­ ments of title to be exhibited to the Town Clerk.

210.

(1) Every person who becomes the owner of immovable in New Amsterdam property shall, within three months after to the Town Clerk for annotation Council the transport ownership.

acquiring that property, by him in the books of the the evidencing exhibit or other documents either by transport " .
or otherwise proof shall be guilty (2)Any person who refuses or neglects of an offence and be liable to be recovered dollars, to exhibit that to a penalty not by the Town Clerk Penalty.

exceeding twenty-four and, when so recovered, funds.

to be paid by him in aid of the town 211.Whenever Purchas or sale if property, immovable Es the case may be, and the Town Clerk shall execute his name and official description property .
port by signing the transport the Council purchases shall be passed either and affixing the or sells any immovable to or by the Council, the trans­ common seal of the Council thereto.

to New Amsterdam brought at landed except at the places specified by water shall be in any by-law relating to to any terms and con- or where the Council, allows.

it thinks fit, specially subject Landing of 212.No cattle cattle New Am- those cattle sterdam.

clitions Savings.
clitions Savings.

213.All by-laws and regulations made by the Former Council in force at the commencement in force and shall have effect as though they had been made by the Council under the provisions of this Ordinance.

of this Ordinance shall continue .l Repeal.

repealed, 214.The New Amciterdam Town Council is here�y Ordinance A.D. 1949.JNEW AMSTERDAM TOWN COVNClL [ No.

25.

107 FIRST SCHEDULE.

{SECTION 7 (I) ).

BOUNDARIES OF THE TOWN.


boundary land; -the Ordnance (a)Northern (b)Eastern boundary - Plantations (c)Southern boundary - Plantation Smythfield and Vryheid; Overwinning and extending westwards to (d)Western boundary - low water mark of the spring tides of the Berbice low water mark of the spring tides of the Berbice river; river.

8).

SECOND SCHEDULE.

(SECTION WARDS Number District Boundaries.

No.

1 No.
No.

1 No.

2 Queens­ town and Wink.el boundary Northern boundary Eastern boundary -Plantation Smythfield; Southern -North Road; -commencing from the eastern westwards boundary Street to low water mark of the spring tides of •the Berbice river; Western boundary -low water mark of the spring tides of the Berbice river.

along Vryheid Smyth­ town, East boundary Northern Eastern boundary -Plantation Vryheid; Southern Western boundary -Pitt Street; .

-Main Street.

-Vryheid Street; boundary No.


3 Smyth­ town, West Street; boundary -Vryheid Northern Eastern boundary -Main Street; - commencing Southern boundary from Main Street, ex­ westwards along Pitt Street thence in a westerly the southern tending to the Strand; direction along ary of the market -to low water mark of the spring tides of the Ber­ bice river; bound­ Western boundary --low water mark of the spring tides of the Berbice river; I I �\ No.
4 Smyth­ town, South and East boundary Northern -Pitt Street; Eastern boundary -Plantation Vryheid; Southern Western boundary -Main Street.

-Philadelphia Street; boundary F r F �· ,, r t f. !· I t I .. l f t No.

6 108 No.

25.

J THE LAWS OF BRITISH GUIANA [A.D. 1949.

SECOND SCHEDULE.

(SECTION 8)-Coniinued.

WARDS � Number District I Boundaries.

No.

5 Northern boundary Smyth­ town, South and West -commencing from low water mark of the spring tides.
of the Berbice river, eastward boundary of the market to the thence in an easterly Strand; tion to Pitt Street to Main Street; along the southern direc­ Eastern boundary -Main Street; Southern Western boundary -low water mark of the spring tides -Philadelphia boundary Street; of the Berbice river.

Smyth­ town and Sta;nley­ town.


Northern boundary -commencing from low water mark of the spring tides of the Berbice river eastwards Street to Plantation Vryheid; to Philadelphia· · Eastern boundary -Plantation Southern -Islington boundary Vryheid; and Plantation Ovcrwin­ ning; Western boundary -low water mark of the spring tides of -the Berbice river.

I l, I s R THIRD SCHEDULE.

(SECTION 20).

NOTICE OF CLAIM TO BE REGISTERED AS A VOTER.

-r To the Registering Officer of the Town of New Amsterdam.
I, A.B.

of hereby give you notice that I claim to have my name inserted of my qualification, in the register of voters for Ward No.

and the particulars and the proof thereof, which I produce, are as follows:- (Here state the qualification and the evidence produced to prove it).

Dated this day of i � 19 Signed A.B .. A.O.

1949.J NEW AMSTERDAM TOWN COUNCIL [ No.

25.

10� FOURTH SCHEDULE.

(SECTION 21).

\ !


.•� LIST OF PERSONS ENTITLED TO VOTE IN THE ELECTIONS OF MEM­ BERS OF THE TOWN COUNCIL FOR THE TOWN OF NEW AMSTERDAM FOR WARD No.

FOR THE YEAR 1!)

No.

Registration Date of \ Surn?me and \ Chrisban Name I Residence Nature of Land or other of land, eic.

I .

Oualifi- description · cation.

_ __ __ FIFTH SCHEDULE.

.

(SECTION 23).

NOTICE OF OBJECTION BY PERSON OMITTED FROM THE REGISTER OF VOTERS.
j To the Registering Officer of the Town of New Amsterdam- !, A.B.

of of my name from the register omission year 19 ; and claim to have my name inserted following hereby give notice that I object to the of voters for Ward No.

for the on the in the said register qualification (Here state the qualification of which I produce proof as follows:- and the evidence produced to prove it).

Dated this day of 19 Si�ned A.B.

SIXTH SCHEDULE.

.

(SECTION 38).


srrATEMENT OF QUALIFICATION OF PERSON ELECTED TO BE A MEM­ BER OF THE TOWN COUNCIL OF THE TOWN OF NEW AMSTERDAM.

Qualification of A.B.

of elected to be a member of the Town Council of the town of New Amsterdam for Ward No.

(Here state the qualification).

I, A.B.

of a true and correct statement Town Council of the town of New Amsterdam.

of my qualification to be elected do solemnly declare that the above statement is a member of the J Dated this day of 19 Signed A.B.
110 No.-25.

J THE LAWS OF BRITISH GtJlANA tA.D.

1949.

SEVENTH SCHEDULE.

(SECTION 192).

FEES IN RESPECT OF INTERMENTp.
� ·ca) For the interment (b)for the interment ('C) for the inter�en of the corpse of anyone above the age of twelve $3.00 of the corpse t of the �orpse of each person above the age of at public expen.s.e under the age of twelve' 2.00 of an infant 2.00 twelve interred (d)for the interment of the corpse of each infant under the age of twelve interred (e)for the entrance a.t public expense intc.1 the burial ground of every hearse· carrying 1.25 a corpse not interred at the public expense l.00 (f)for permission entrance, materials therefor to erect a tomb or vault, including all fees on the into the burial ground iof every vehicle carrying 3.00 (g)for permission to erect a railing enclosing a grave, or any stone or tablet upon any part of « grave (h)for permission to erect a head board .
.

1.50 1.50 ---, �