[Ord. 19 anno 1869.] No. LXIV.-LXV. (5.) The umpire shall make his award within twenty-eight days. after notice from the arbitrators, or one of them, that the matter is left to be determined by him; or on default a new umpire shall be appointed as nearly as may be in manner aforesaid, who shall make his award within the like time, or in default be superseded, and so toties quoties. The award of the arbitrators or umpire shall be final and conclusive, as between the Governor and the said Company. Company ney-General 60. Where it appears to the Governor that any provision of Power to prothis Ordinance has not been complied with on the part of the Com. ceed against pany, and that it would be for the public advantage that compliance given to Attortherewith should be enforced, the Attorney-General, by direction of under Goverthe Governor, may, by such civil or criminal proceeding as the nor's direction. case may require, enforce compliance with such provision, by the recovery of penalties or otherwise according to law. But no such proceeding shall be taken by the Attorney-General until the expiration of twenty-one days after he has given notice to the Company of his intention to take the same. This provision shall be deemed to be cumulative and to be without prejudice to any other remedy or process against the Company on the part of Her Majesty or of any person or body. No. LXV. AN ORDINANCE TO PROHIBIT THE REFUSE MATTER FROM [Ord. 1 anno Enacted 9th February, 1870, published the 12th March [JOHN SCOTT, Governor.] WHEREAS it appears from the Report of certain Commissioners Preamble. appointed to inquire into and report on the practice of allowing the Refuse Matter from Distilleries, commonly called Lees, and other impurities, [Ord. 1 anno 1870.] to flow into any canal, No. LXV. impurities, to flow into and remain in the open trenches of Plantations, that the said practice is prejudicial to the public health, and ought not to be allowed to continue: And whereas it is expedient that the said practice should be prohibited. Be it therefore enacted by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows: 1. The owner of any Plantation who shall at any time cause or Penalty for suffer to be brought or to flow into any canal, trench, or drain on allowing refuse matter or lees such Plantation any Refuse Matter, Lees, or other impurity, produced in the distillation of Rum, whereby the water in any such trench, or canal, trench, or drain shall become so foul as to be a nuisance or be a nuisance injurious to health shall be guilty of an offence, and on convicor injurious to tion thereof shall be liable to a penalty not exceeding two hundred dollars. drain so as to health. Penalty for allowing refuse into any trench health. 2. The owner of any Plantation who shall at any time cause or suffer to be brought or to flow into any pond or reservoir, or swamp or in the vicinity of any such Plantation, any Refuse Matter or Lees produced in the distillation of Rum, whereby any offensive effluvium reservoir or injurious to health shall be caused, shall be guilty of an offence, place so as to be injurious to and on conviction thereof shall be liable to a penalty not exceeding two hundred dollars: Provided always that it shall be lawful for any such owner to form a reservoir or pond, and allow the said Refuse Matter or Lees to flow into and remain therein in such exceptional localities as may be approved of and sanctioned by the Governor and Court of Policy, and on the said owner obtaining from the Governor a Licence of Authority so to do, which said Licence shall not remain in force for more than twelve months from the date thereof; but any such Licence may be renewed from time to time by the Governor. 3. In addition to the said penalties the owner of such Plantation Additional so offending shall be liable to a further penalty (to be recovered in penalties for continuance of the like manner) of not more than Twenty-five Dollars for each day anisance. during which the water in any such canal, trench, or drain shall be so foul as to be a nuisance or injurious to health; or during which such offensive effluvium shall so continue after such owner shall have been convicted of such offence, exclusive of the day on which such conviction shall take place, stance of In. spector of Po 4. All informations and complaints for anything done contrary Complaints to to the provisions of this Ordinance shall be preferred and laid by be before Sti. pendiary Jus the Inspector-General or an Inspector of Police before a Stipendiary tice at the inJustice of the Peace, and every Stipendiary Justice of the Peace spector-Geneshall have full jurisdiction, power, and authority to hear, determine, ral or an Inand adjudicate on every such information or complaint, and to lice. impose such penalty under the provisions of this Ordinance as to him shall seem meet, according to the form of procedure, and subject to the Review provided by Ordinance No. 19 of the year 1856 and No. 3 and No. 5 of the year 1868. Provided always that no prosecution for any offence under this Ordinance shall mence without be commenced without the written authority of the Attorney AttorneyGeneral. Prosecution not to com. authority of General. Receiver-Gene. Receiver-Gene. costs. 5. If after hearing such information or complaint such Stipen- On conviction diary or Special Justice shall consider that the offence charged has ral or Assistant been proved, he shall proceed to convict, and to order the payment ral to recover forthwith of such penalty, together with the costs of the complaint, penalty and and unless such penalty and costs shall be forthwith paid the said Stipendiary Justice shall thereupon furnish to the person prosecuting a fair copy of the information or complaint and his adjudication thereon, certified under his hand, and the party prosecuting shall then lodge the same with the Receiver-General or Assistant Receiver General and the amount of such penalty, together with all costs, shall thereupon be recoverable by the said Receiver-General or Assistant Receiver-General, for the use of the Colony and in aid of the Revenues thereof, by summary execution against the Plantation named in the said information or complaint and adjudication: Proceedings in Provided always that if application shall be made for Review, all stayed on ap plication for proceedings in execution shall be stayed until such application shall review. have been finally disposed of. execution to be Review not al costs are depo 6. No Application for Review made by any person convicted Application for under the provisions of this Ordinance shall be allowed or entertained lowed unless in the Court of Review in any case in which the Stipendiary Justice penalty and shall have imposed a penalty unless the amount of such penalty sited with Reand costs shall be deposited with the Receiver General or Assistant Receiver General within ten days after such person shall have been so convicted, together with fifty dollars for costs. 7. Whenever ceiver-General or Assistant Receiver-Gene. ral within ten days after con. viction. [Ord. 1 anno 1870.] Proceedings may be against "Owner" of Plantation. Service of When Ordinance to take effect. No. LXV.-LXVI. 7. Whenever in any information preferred or complaint laid, or in any proceedings whatever under this Ordinance for the recovery of any penalty or otherwise, it shall be necessary to mention or refer to the owner or owners of any Plantation, it shall be sufficient to designate him, or her, or the persons owning such Plantation, as the "owner" of such Plantation, without name or names, or further description; and it shall not be necessary in any such proceeding to prove who the owner or owners of such Plantation so proceeded against really is or are. 8. All Summonses, Summations, Notices in Review, and in Proceedings under this Ordinance, to or requiring to be served on the owner of any Plantation, may be served either on the person in charge or having the actual management of such Plantation, or by affixing the same to some prominent part of the principal building or dwelling-house on such Plantation. 9. This Ordinance shall come into operation and take effect on First day of October, 1870. [Ord. 3 anno 1870.] Preamble. No. LXVI. AN ORDINANCE TO TRANSFER TO THE WEST INDIA AND Enacted 11th April, 1870, published the 16th following, [JOHN SCOTT, Governor.] WHEREAS by Ordinance No. 19 of the year 1869, a Subsidy and certain Rights and Privileges were granted to the International Ocean Telegraph Company subject to the terms and conditions therein expressed: And whereas the said International Ocean Telegraph Company have transferred all their Rights and Privileges to No. LXVI.-LXVII. to the West India and Panama Telegraph Company (Limited): And whereas the Governor and Court of Policy have consented to such transfer: Be it therefore enacted by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof as follows: [Ord. 3 anno 1870.] Subsidy, &c., ternational I. That the Subsidy and all the Rights and Privileges granted to granted to Inthe International Ocean Telegraph Company by Ordinance No. 19 Ocean Teleof the year 1869 shall be payable and transferred to the West India ny transferred graph Compa and Panama Telegraph Company (Limited) subject to the same terms and conditions as are in the said Ordinance expressed. to West India and Panama Telegraph Company, (Li. mited.) ligations. 2. That the said West India and Panama Telegraph Company Transfer of ob (Limited) shall be liable to all the obligations imposed by the said Ordinance, No. 19 of the year 1869, on the International Ocean Telegraph Company. Provisions of 3. That all the provisions of Ordinance No. 19 of the year 1869, Ord. 19, anno with respect to the International Ocean Telegraph Company, shall to West India 1869, to apply apply to the West India and Panama Telegraph Company (Limited). and Panama Telegraph Company, (Li. mited.) 4. This Ordinance shall come into operation and take effect on Commencethe publication thereof. ment of Ordi nance. No. LXVII. AN ORDINANCE TO AMEND THE LAW RELATING TO [Ord. 4 anno QUARANTINE. Enacted 11th April, 1870, published the 16th following, came into operation on 1st June, 1870. [JOHN SCOTT, Governor.] 1870.] WHEREAS it is expedient to amend the Law relating to Preamble, Quarantine: Be it therefore enacted by His Excellency the Governor |