|
THE REVISED LAWS
OF
ANTIGUA
PREPARED UNDER THE AUTHORITY
OF THE
REVISED EDITION OF THE LAWS ORDINANCE, 1959
BY
P. CECIL LEWIS
One of Her Majesty's Judges
of the Supreme Court of the
Windward Islands and Leeward Islands
The Commissioner appointed
under the said Ordinance.
VOL. V.
Chapters 295 to 381.
Price: $150 per set.
Obtainable through:
The Administrator, Antigua, The West Indies.
Printed by
Waterlow & Sons Limited,.Worship Street, London, E.C.2.
[Appointed by the Government of Antigua, the Government Printers, for the purposes of this
edition of Laws within the meaning of the Evidence (Colonial Statutes) Act 1907.1
1965
to
VOLUME V.
TITLE XXXIV.
REGULATION AND CONTROL OF VARIOUS MATTERS.
ACETATE OF LEAD (Prohibition)
AUCTIONEERS ...
BEACH CONTROL ... .
BEACH PROTECTION ...
BOATS REGULATION ...
BOTANICAL GARDENS ...
BUSH FIRES ...
CENSUS ... ...
CINEMATOGRAPH ... .
CIRCUS AND SIMILAR SHOWS
COMMISSIONS OF INQUIRY
COTTON TRAFFIC ...
307 EMERGENCY POWERS (Hurricane, Earthquake,
308 EMPLOYMENT OF CHILDREN (Prohibition)...
.. ... ... ... ... 2751
.. ... ... ... ... 2753
.. ... ... ... ... 2757
... ... ... 2763
... ... ... ... 2767
... ... ... ... 2769
... .. .. ... ... 2771
... .. .. ... ... 2775
.. .. .. ... ... 2779
... .. .. ... ... 2783
... ... ... ... ... 2785
... ... ... ... ... 2791
Fire or Flood)
309 EMPLOYMENT OF WOMEN, YOUNG PERSONS AND CHILDREN
310 EXPLOSIVES ... ... ...... ...
311 EXPORTATION OF ARMS AND WARLIKE STORES ... .
312 FINANCE AND AUDIT ... ... ......
313 FIREARMS ... ... ... ... ... ... ...
314 FORT JAMES (Regulation) ... ... ......
315 LEAD PAINT (Protection against poisoning) ... ...
316 MOTOR VEHICLES (Control of Hire) ......
317 MOTOR VEHICLES INSURANCE (Third Party Risks) ...
318 NEWSPAPERS REGISTRATION ... ... ...
319 NEWSPAPER SURETY ... ... ......
320 OBSTRUCTION OF STREETS (Prevention) ... ...
321 OLD METAL AND MARINE STORES ... ...
322 PETROLEUM ... ... ... ... ...
323 PLANTING OF SUGAR CANE (Prohibition) ... ...
324 PREVENTION OF SMUGGLING ... ......
325 PUBLIC MEETINGS AND PROCESSIONS ... .. ...
... 2803
... 2807
... 2809
... 2815
... 2823
... 2825
... 2829
... 2849
... 2851
... 2853
... 2857
... 2869
... 2875
... 2879
... 2881
... 2887
... 2905
... 2907
... 2917
CHAPTER
PAGE
CHAPTER
326 PUBLIC NOTICES ...
327 RENT RESTRICTION
328 SHOPS REGULATION
329 SIGNATURES TO PETITI
330 SWORN WEIGHERS AM
331 THIRD PARTIES (Right
332 TOBACCO CONTROL
333 TURTLE ... .
334 WAKES ...
335 WEIGHTS AND MEASU
336 WHITE PHOSPHORUS
ONEI
)GA
s ag
RES
IATI
PAGE
... ... ... ... ... ... 2919
... ... ... ... ... ... 2921
... ... ... ... ... ... 2931
S ... ... ... ... ... 2933
UGERS ... ... ... ... ... 2935
ainst Insurers) ... ... ... ... 2937
... ... ... ... ... ... 2941
... ... ... ... ... ... 2947
... ... ... ... ... ... 2949
... ... ... ... ... ... 2951
CHES PROHIBITION ... ... ... 2961
TITLE XXXV.
RELIGIOUS ORGANIZATIONS.
ANTIGUA DIOCESAN SYNOD INCORPORATION ...
CHURCH OF ENGLAND DISESTABLISHMENT ...
MORAVIAN CHURCH INCORPORATION AND VESTING
PILGRIM HOLINESS CHURCH INCORPORATION ...
SEVENTH-DAY ADVENTIST CHURCH INCORPORATION
WESLEYAN METHODIST (Vesting of Property) ...
... ... 2965
... ... 2967
... ... 2973
... ... 2989
... ... 2995
... ... 2997
TITLE XXXVI.
STATUS.
ADOPTION OF CHILDREN ... ... ... ... ... ... 3001
BIRTHS AND DEATHS (Registration) ... ... ... ... 3009
GUARDIANSHIP OF INFANTS ... ... ... ... ... 3025
LEGITIMACY ... ... ... ... .. ... ... 3029
M ARRIAGE ... ... ... ... ... ... ... 3037
MARRIAGE OF BRITISH SUBJECTS (Facilities) ... ... ... 3067
MARRIAGE (Prohibited Degrees of Relationship) ... .. ... 3069
MARRIAGES (Validating) JOSEPH Guy HETHERINGTON ... ... 3071
MARRIAGES (Validating) AMBROSE JOHN WILLIAMS ... ... 3073
MARRIED WOMEN'S PROPERTY ... ... ... ... ... 3075
353 MARRIED WOMEN (Dispensation with Husband's Concurrence) ...
3085
CHAPTER PAGE
TITLE XXXVII.
TRADE, COMMERCE AND INDUSTRY.
354 Am TO PIONEER INDUSTRIES ...
355 BILLS OF EXCHANGE ...
356 BILLS OF LADING ......
357 BILLS OF SALE ... ...
358 COMPANIES ...
359 COPYRIGHT ......
360 DISTRIBUTION AND PRICE OF GOODS
361 EXTERNAL TRADE ... ...
362 FACTORIES ... .
363 FACTORS ... ... .
364 HOTEL AID ....
365 LABOUR COMMISSIONER ... .
366 LABOUR (Minimum Wage) ...
367 LABOURERS PAYMENT ...
368 MERCHANDISE MARKS ...
369 PARTNERSHIP ... ... .
370 PAWNBROKERS ... ...
371 SALE OF GOODS ... ... .
372 SUGAR EXPORT CESS ...
373 SUGAR QUOTAS ... .
374 TEXTILES QUOTA ...
375 TRADE DISPUTES (Arbitration and Inqu
376 TRADE UNIONS ... ...
377 WORKMEN'S COMPENSATION ...
... .. ... ... 3089
... ... ... ... 3101
... ... ... ... 3139
... ... ... ... 3141
... .. ... 3149
... ... ... 3253
... ... ... ... 3257
... ... ... ... 3265
... ... ... ... 3271
... ... ... 3299
... .. ... 3307
... .. ... 3315
... ... ... ... 3319
... ... ... ... 3323
... ... ... ... 3327
... ... ... ... 3337
... ... ... ... 3339
... ... ... 3363
... ... 3385
... ... ... 3389
... ... ... ... 3393
dry) ... ... ... 3397
... ... 3403
... . ... 3423
TITLE XXXVIIII.
TRUST AND TRUSTEES.
378 TRUSTEE ... ... ... ... *... .. ... ... 3465
379 TRUSTEE INVESTMENT IN ANTIGUA GOVERNMENT SECURITIES ... 3467
380 TRUSTEES AND MORTGAGEES ... ... ... ... 3469
381 TRUSTEES' RELIEF ... ... .. ... *... 3481
***
TITLE XXXIV.
REGULATION AND CONTROL
MATTERS.
OF VARIOUS
CHAPTER
PAGE
295 ACETATE OF LEAD (Prohi
296 AUCTIONEERS ...
297 BEACH CONTROL ...
298 BEACH PROTECTION
299 BOATS REGULATION
300 BOTANICAL GARDENS
301 BusH FIRE ...
302 CENSUS ... .
303 CINEMATOGRAPH ...
304 CIRCUS AND SIMILAR SHO
305 COMMISSIONS OF INQUIRY
306 COTTON TRAFFIC ...
ibition) ... ... ... 2751
... ... ... ... 2753
... ... ... ... 2757
... ... ... ... 2763
... ... ... ... 2767
... ... ... ... 2769
... ... ... ... 2771
... ... ... ... 2775
... ... ... ... 2779
vs ... ... ... 2783
... ... ... ... 2785
... ... ... ... 2791
307 EMERGENCY POWERS (Hurricane, Earthquake, Fire
or Flood)... ...
308 EMPLOYMENT OF CHILDREN (Prohibition) ...
309 EMPLOYMENT OF WOMEN, YOUNG PERSONS AND
CHILDREN ... ... ... ...
310 EXPLOSIVES... ...
311 EXPORTATION OF ARMS AND WARLIKE STORES ...
312 FINANCE AND AUDIrr... ... ...
313 FIREARMS ... ......
314 FORT JAMES (Regulation) ... ......
315 LEAD PAINT (Protection against poisoning) ...
316 MOTOR VEHICLES (Control of Hire) ...
317 MOTOR VEHICLES INSURANCE (Third Party Risks)
318 NEWSPAPERS REGISTRATION ... ...
319 NEWSPAPER SURETY ...
320 OBSTRUCTION OF STREETS (Prevention) ... .
321 OLD METAL AND MARINE STORES ...
322 PETROLEUM ...... ... ...
323 PLANTING OF SUGAR CANES (Prohibition) ...
324 PREVENTION OF SMUGGLING ... ..
325 PUBLIC MEETINGS AND PROCESSIONS ..
326 PUBLIC NOTICES ... ... ... ..
327 RENT RESTRICTION ... ... ..
328 SHOPS REGULATION ... ... ..
329 SIGNATURES TO PETITIONS ... ... ..
330 SWORN WEIGHERS AND GAUGERS .....
2803
2807
2809
2815
2823
2825
2829
2849
2851
2853
2857
2869
2875
2879
2881
2887
2905
2907
2917
2919
2921
2931
2933
2935
REGULATION AND CONTROL OF VARIOUS
MATTERS (continued).
CHAPTER PAGE
331 THIRD PARTIES (Rights against Insurers) ... ... 2937
332 TOBACCO CONTROL ... ... ... ... 2941
333 TURTLE ... ... ... ... ... ... 2947
334 WAKES ... ... ... ... .. ... 2949
335 WEIGHTS AND MEASURES ... ... ... ... 2951
336 WHITE PHOSPHORUS MATCHES PROHIBITION ... 2961
Acetate of Lead (Prohibition).
CHAPTER 295.
ACETATE OF LEAD (PROHIBITION).
(4th April, 1850.)
1. This Act may be cited as the Acetate of Lead (Pro-
hibition) Act.
2. Any person who shall in the manufacture of sugar for
sale or use knowingly use or permit to be used the acetate of
lead, shall, upon conviction thereof before a Magistrate, be
liable to a penalty not exceeding four hundred and eighty dollars,
and in default of payment to be imprisoned for any period not
exceeding six calendar months.
3. One moiety of the penalty imposed shall be payable
to the informer, who is hereby declared to be a competent wit-
ness, and the other moiety shall be payable to the Accountant-
General for the use of the Colony.
108/1850.
Short title.
Acetate of lead
prohibited in
manufacture of
sugar under
penalty.
Disposition
of penalty.
(CAP. 295 2751
(CAP. 296 2753
CHAPTER 296.
AUCTIONEERS.
(6th August, 1924.) 8/1924
1. This Ordinance may be cited as the Auctioneers Short title.
Ordinance.
2. Any person- Auctioneers.
(a) who exercises or carries on the trade or business
of an auctioneer, or
(b) who acts in such capacity at any sale, or
(c) who sells or offers for sale any goods or chattels,
lands, tenements or hereditaments, or any interest therein,
at any sale where any person becomes the purchaser of the
same by competition and being the highest bidder, either
by being the single bidder or by increasing upon the
bidding made by others or decreasing on sums named
by the auctioneer or person acting as auctioneer, or other
person at such sale, or by any other mode of sale by
competition,
shall be an auctioneer within the meaning of this Ordinance.
3. (1) Every auctioneer shall before conducting any sale Licences.
by auction take out an auctioneer's licence.
(2) Before an auctioneer's licence is issued to any person
such person shall give to the satisfaction of the Administrator
good and sufficient security in the sum of four hundred and
eighty dollars for the faithful performance of the duties of his
calling or business and for the purpose of securing the payment
of any fines, penalties, judgments, damages or costs which may
be imposed upon or recovered against him as auctioneer.
(3) The licence shall be issued by the Accountant-General
on payment of the duty thereon, provided the Accountant-
General is satisfied that the applicant for such licence has com-
plied with the provisions of the preceding subsection.
Auctioneers.
(4) The licence shall be in the form set forth in Schedule A
and there shall be paid in respect thereof the sum of nine dollars
Schedule A. and sixty cents. Every such licence shall expire on the 31st day of
December and shall be renewed annually ten days at least
before the expiration thereof.
(5) The issue of all licences under this Ordinance shall
be notified in the Gazette.
Refusal and
cancellation of
licences.
Penalties.
Auctioneers to
keep accounts.
Schedule B.
4. (1) Notwithstanding anything in the preceding section
contained, the Accountant-General may refuse any application
for an auctioneer's licence or to renew any such licence, and
may cancel the licence of any auctioneer who has-
(a) been convicted of any offence under this Ordi-
nance, or
(b) failed to account for or pay over any moneys or
property which have come into his possession or control
as such auctioneer, or
(c) parted with any property entrusted to him for
sale without obtaining payment for the same and has
failed to make good to his employer the value thereof, or
(d) otherwise misconducted himself as an auctioneer.
(2) A refusal to issue or to renew, or the cancellation of,
an auctioneer's licence shall be notified to the person affected
thereby under the hand of the Accountant-General.
(3) Any person aggrieved by any action of the Accountant-
General under this section may appeal to the Administrator in
Council whose decision shall be final.
5. Any person who having had an auctioneer's licence
continues to carry on business as an auctioneer in the year next
ensuing the expiration thereof, and omits to renew the same,
and any person who carries on an auctioneer's business without
an auctioneer's licence, shall, except as in this Ordinance pro-
vided, on summary conviction, be liable to a penalty not
exceeding two hundred and forty dollars.
6. (1) Every licensed auctioneer shall keep a regular
and correct account of all property sold by him at auction,
such account to be written by him in a book to be kept for
that purpose in the form contained in Schedule B, and every
such book shall be open to the inspection of every person
interested.
Auctioneers.
CAP. 296)
(CAP. 296 2755
(2) Any person who fails to comply with any of the pro-
visions of this section shall, on summary conviction thereof,
be liable to a penalty not exceeding two hundred and forty
dollars.
7. Notwithstanding anything in this Ordinance, the
Administrator may grant permission to any Government Officer
to sell at auction any property on account of the Government
of the Colony.
8. This Ordinance shall not apply to auction sales-
(a) by the Registrar, Provost-Marshal, bailiff or any
other officer of a Court of Justice on legal process in the
exercise of any powers conferred on them by law.
(b) by any police officer or other public servant in any
department of the Government Service where such sales are
held under the provisions of any written law or depart-
mental regulation.
(c) of fresh fish on the sea shore where the same has
been first landed.
SCHEDULE A.
Power to grant
permission to
sell at auction
without licence.
Exceptions.
S. 3 (4).
LICENCE.
Licence is hereby granted to
of to carry on the business of an
Auctioneer.
This Licence will expire on the 31st December, 19
Dated this
day of
Accountant-General.
Auctioneers.
CAP. 296)
Auctioneers.
SCHEDULE B. S. 6 (1).
FORM OF SALE BOOK.
Sale of Property belonging to.............................................
Specification of Terms of
Date. article Purchaser Amount p ent
~Y- PY~Y~~O~nI
2756
(CAP. 297 2757
CHAPTER 297.
BEACH CONTROL.
(28th July, 1959.) 6/1958
1. This Ordinance may be cited as the Beach Control Short title.
Ordinance.
2. In this Ordinance- Interpretation.
"adjoining land" or "land adjoining" means lands adjoining
the foreshore of the Colony and extending not more
than fifty yards beyond the landward limit of the
foreshore;
"commercial enterprise" includes-
(a) the business of carrying on an hotel or
a proprietary club; and
(b) the "erection, construction or main-
tenance of any dock, wharf, pier, jetty or other
form of encroachment;
"the floor of the sea" means the soil and subsoil of the
sea off the coast of the Colony between low water
mark and so far out to sea as is deemed by inter-
national law to be within the territorial sovereignty
of the Crown;
"fishing" includes purposes incident to fishing;
"the Minister" means the member of Executive Council
charged for the time being with the administration
of Crown lands;
"the public" includes any class of the public.
3. Subject to the provisions of section 10, all rights in Foreshore and
floor of the
and over the foreshore of the Colony and the floor of the sea sea declared
are hereby declared to be vested in the Crown. to be vested
in the Crown.
Beach Control.
CAP. 297)
Beach Control.
Prohibition
of use of the
foreshore, the
floor of the sea
without a
licence.
2758
4. (1) From and after the commencement of this Ordi-
nance, no person shall encroach on or use, or permit any
encroachment on or use of, the foreshore, or the floor of the
sea, for any public purpose or for or in connection with any
trade, business, or commercial enterprise, except as provided
by section 10, without a licence granted under this Ordinance.
(2) Any person who contravenes the provisions of sub-
section (1) shall be liable on summary conviction before a Magi-
strate to imprisonment with or without hard labour for a term
not exceeding twelve months, or to a fine for each day during
which the contravention continues not exceeding fifty dollars
for each such day and in default of payment of any such fine
to imprisonment with or without hard labour for a term not
exceeding three months, or to both such imprisonment and fine.
(3) Where a company is guilty of a contravention of the
provisions of subsection (1), every director, manager, agent and
officer of the company in the Colony who is knowingly a party
to the contravention, shall be liable to the penalty prescribed
by subsection (2).
5. (1) The Minister may, on application made in such
manner as may be prescribed under section 9, grant licences
for the use of the foreshore, or the floor of the sea, for any
public purpose, or for or in connection with any trade, busi-
ness, or commercial enterprise to any person, upon such condi-
tions and in such form as he may think fit.
(2) Every application under subsection (1) shall be published
in the Gazette and members of the public shall be afforded an
opportunity of making representations to the Minister in respect
thereof.
(3) Where an application is made for a licence under sub-
section (1), the Minister shall consider what public interests in
regard to fishing, bathing or recreation or in regard to any future
development of the land adjoining that part of the foreshore in
respect of which the application is made, require to be pro-
tected, and he may provide for the protection of such interests
by and in the terms of the licence or otherwise in accordance
with the provisions of this Ordinance.
(4) Subject to such regulations as may be made under
section 9, an appeal shall lie to the Administrator in Council
from a decision of the Minister as to whether such licence should
be granted or refused.
Minister to
grant licences
for use of
foreshore,
floor of the
sea-publica-
tion of grant
or refusal.
(CAP. 297 2759
(5) Every grant or refusal of a licence by the Minister or
the Administrator in Council shall be published in the Gazette.
(6) The decision of the Administrator in Council as to
whether such licence should be granted or refused shall be
final and shall not be questioned in any legal proceeding.
6. The Administrator in Council shall from time to time
determine the needs and requirements of the public in relation
to the use of any land adjoining the foreshore and the use
of the foreshore itself for or in connection with bathing or
any other form of lawful recreation or for the purpose of fishing
as a trade or otherwise or for any other purpose in the interest
of the economic development of the Colony and of the beaches
thereof, and shall have the power to acquire in the name of
the Crown for the use of the public any portion of land adjoin-
ing the foreshore or any right or interest of any nature or descrip-
tion in or over such land, and such power of acquisition shall
be exercised in accordance with the provisions of section 8.
7. (1) Subject to the provisions of this section, the Admini-
strator in Council may, if he thinks fit, by agreement with the
person entitled to dispose of any adjoining land, or compulsorily
in accordance with the provisions of section 8, acquire in the
name of the Crown such land or any right or interest in such
land for the use or benefit of the public on a year to year basis
for an indefinite period.
(2) The consideration or compensation payable in respect
of the acquisition of any land or any right or interest in land
under subsection (1) shall be an annual rent charge payable
yearly in advance.
(3) When any right in or over land is acquired by the
Administrator in Council on a year to year basis for an in-
definite period-
(a) the Administrator in Council may terminate such
right on one year's notice in writing to the owner of the
land subject to the right;
(b) the owner of the land subject to the right or his
nominee may at any time apply to the Administrator in
Council for a licence to use that part of the foreshore
and floor of the sea which such land adjoins, and the
Administrator in Council shall consider the application
and may grant or refuse such licence; and upon the grant
Administrator
in Council to
determine and
make provision
for the needs
of the public
in relation
to beaches.
Power to
acquire land
for indefinite
period.
Beach Control.
2760 CAP. 297)
Procedure for
compulsory
acquisition of
land.
Cap. 284.
Power to make
regulations.
of any such licence the rights of the Crown or of any person
exercising any rights under the Crown in or over such
land, shall cease and determine save to the extent that
such rights may be expressly reserved in and by the terms
of the licence.
8. Where under sections 6 or 7 power is conferred on
the Administrator in Council to acquire compulsorily any land
or any right or interest in or over land the power shall be exer-
cisable for the acquisition of any particular land or any par-
ticular right or interest in land in accordance with the procedure
for the compulsory acquisition of land under the Land Acquisi-
tion Ordinance, or any Ordinance replacing or substituted for
the same, with such modifications as may be necessary or
proper to adapt the same to the requirements of this Ordinance.
9. The Administrator in Council may make regulations
generally for the proper carrying out of the purposes and pro-
visions of this Ordinance and in particular but without pre-
judice to the generality of the foregoing may make regulations-
(a) with respect to the form and manner of applica-
tion for licences to be granted under this Ordinance, the
fees to be paid in respect of such licences, and the grant
or refusal of such licences;
(b) providing for the registration of all persons
licensed under section 5 and for the manner and method
of registration and the particulars to be registered;
(c) for securing the observance of sanitary and cleanly
conditions and practices at and in respect of parts of the
foreshore and adjoining lands and parts of the sea to
which members of the public habitually resort;
(d) providing for the prevention of danger, obstruc-
tion or annoyance to members of the public using any part
of the foreshore or adjoining land;
(e) for the preservation of order and good conduct
among members of the public using the foreshore or ad-
joining land;
(f) for controlling the erection or placing on any
beach or adjoining land to which the public habitually
resort of bath-houses or huts, booths, tents, sheds, stands
and stalls (whether fixed or moveable), and
Beach Control.
(CAP. 297 2761
(g) with respect to the form and manner of making
appeals under subsection (4) of section 5 and any fees to
be paid in respect thereof.
10. Nothing in this Ordinance contained shall be deemed Saving.
to affect-
(a) any land used for agriculture;
(b) any rights enjoyed by any person, where such
rights existed immediately before the commencement of
this Ordinance, in or over the St. John's harbour or in or
over any adjoining land in the Colony;
(c) any rights enjoyed by fishermen engaged in fishing
as a trade, where such rights existed immediately before
the commencement of this Ordinance, in or over any beach
or adjoining land; or
(d) the enjoyment by such fishermen of the use of any
part of the foreshore adjoining any beach or land in or
over which any rights have been enjoyed by them up to
the commencement of this Ordinance.
Beach Control.
Beach Protection.
(CAP. 298 2763
CHAPTER 298.
BEACH PROTECTION.
(18th June, 1957.) 7/1957.
1. This Ordinance may be cited as the Beach Protection Short title.
Ordinance.
2. In this Ordinance- Interpretation.
"authorized officer" means any police officer or other person
duly appointed as such by the Director of Public Works
by a notification published in the Gazette and in one
or more newspapers circulating in the Colony;
"building or construction purposes" includes the erecting
and improving of, and the adding to, and the repairing
of buildings, and the constructing or repairing of any
road;
"Director of Public Works" means the person for the time
being performing the duties of Director of Public
Works of the Colony.
3. The Director of Public Works may, from time to time, Appointment
appoint authorized officers for and in respect of any parish in ofaorized
the Colony for the purpose of issuing permits under section 4.
4. (1) It shall not be lawful for any person to- Removal of
sand, etc.,
(a) dig, take or carry away, or aid or assist in digging, from seashore
for certain
taking or carrying away for building or construction pur- purposes
poses or for the purpose of providing ballast for vessels any prohibited.
sand, stone, shingle or gravel from any beach or seashore
in the Colony; or
(b) convey or move for building or construction pur-
poses or for the purpose of providing ballast for vessels any
such sand, stone, shingle or gravel along any public road,
2764 CAP. 298) Beach Protection.
Schedule.
Time when
sand, etc., may
be conveyed
on public road.
Disposal of
penalties.
Ordinance not
to apply to
Barbuda.
Ordinance
binding
on Crown.
except under and in accordance with a written permit from the
Director of Public Works or an authorized officer and subject
to such terms and conditions as are therein stipulated.
(2) Every such permit shall be in the form in the Schedule
and shall only hold good for the period therein mentioned, such
period not to exceed one month.
(3) No such permit shall be granted unless the Director of
Public Works or an authorized officer is satisfied that the said
sand, stone, shingle or gravel is required for building or con-
struction purposes or for the purpose of providing ballast for
vessels.
(4) Any person who contravenes the provisions of subsection
(1) shall be liable to a fine not exceeding fifty dollars or to
imprisonment for a term not exceeding three months.
5. (1) No sand, stone, shingle or gravel the digging or
removal of which has been authorized for building or con-
struction purposes or for the purpose of providing ballast for
vessels by a permit as provided in section 4, shall be conveyed
or moved along any public road between the hours of six o'clock
in the evening and five o'clock in the morning.
(2) Any person who contravenes the provisions of this sec-
tion shall be liable to a fine not exceeding fifty dollars or to
imprisonment for a term not exceeding three months.
6. All fines and penalties imposed under this Ordinance
may be recovered in a summary manner before a Magistrate
on complaint of any person and one half thereof shall be paid
to the person who shall have given information leading to the
conviction of the offender and the other half shall be paid into
the Treasury to the credit of the general revenue of the Colony.
7. This Ordinance shall not apply to the Island of
Barbuda.
8. This Ordinance shall be binding on the Crown.
Beach Protection.
2764
CAP. 298)
Beach Protection. (CAP. 298 27'65
SCHEDULE. S. 4 (2).
Permission is hereby granted to of
to dig, take and carry from *sand/*stone/*shingle/
*gravel in the quantities hereunder and to convey the same to.
Quantity
This permit shall hold good for a period of
*Director of Public Works.
*Authorized Oficer.
....................................19 ......
*Delete where inapplicable.
Boats Regulation. (CAP. 299 2767
CHAPTER 299.
BOATS REGULATION.
(23rd May, 1933.) 10/1933.
1. This Ordinance may be cited as the Boats Regulation Short title.
Ordinance.
2. In this Ordinance- Interpretation
"person" includes any person whether a licensed porter or
waterman or not;
"vessel" includes any ship or boat or any other description
of vessel or thing used in navigation;
"waters" includes all territorial waters of the Colony.
3. The Administrator in Council may make regulations Regulations
for the regulation of all traffic, boats and persons in and upon
the waters and vessels therein, and generally for carrying this
Ordinance into effect.
4. Any person who acts in contravention of or fails to Penalties.
comply with any of the provisions of any regulations made under
this Ordinance, shall, upon summary conviction, be liable to a
fine not exceeding forty-eight dollars or to imprisonment with
or without hard labour for a term not exceeding three months.
Botanical Gardens.
CHAPTER 300.
BOTANICAL GARDENS.
(27th June, 1900.)
1. This Ordinance may be cited as the Botanical Gardens
Ordinance.
2. In this Ordinance "the Botanical Gardens" means the
piece of land containing about five acres situate in the parish
of St. John, bounded on all sides by the Victoria Park, and
fenced in, and heretofore known as "The Botanical Station",
and shall also include any other lands which may hereafter be
acquired for the purposes of Botanical Gardens.
3. (1) The Administrator in Council shall have power
to make regulations for the proper protection, management and
regulation of the Botanical Gardens.
(2) All regulations made under the authority of this Ordi-
nance shall be laid before the Legislative Council by whom the
same may be altered or amended before approval.
(3) Such regulations on being approved by the Legislative
Council shall be forthwith published in the Gazette, and shall
take effect from the date of such publication.
(4) Any person infringing any of such regulations shall
be liable on summary conviction before a Magistrate to a penalty
not exceeding forty-eight dollars or to imprisonment (with or
without hard labour) for any term not exceeding six months.
(5) Prosecutions for breaches of such regulations shall be
taken in the name of the Curator or other person for the time
being in charge of the Botanical Gardens.
12/1900.
Short title.
Interpretation.
Administrator
in Council to
make
regulations.
Regulations
to be approved
by Legislative
Council.
Publication of
regulations.
Penalty.
Prosecution.
(CAP. 300
2769
(CAP. 301 2771
CHAPTER 301.
BUSH FIRES. 5/1901.
1/1943.
25/1956.
(14th June, 1901.) 15/1961.
1. This Ordinance may be cited as the Bush Fires Short title.
Ordinance.
2. In this Ordinance- Interpretation.
"crop" means any growing crop, tree, wood, underwood,
furze or grass or other produce of the soil whether
cultivated or not, or whether standing or cut down;
"Crown lands" means any land vested in Her Majesty,
Her heirs or successors; or any land in the occupation
of the Government of the Colony;
"land" includes any crop or trash being in or upon any
land;
"owner" includes tenant, occupier and the person having
the immediate charge or management of any planta-
tion or land;
"Superintendent" includes the Superintendent of Police and
any Assistant Superintendent of Police, Inspector, Sub-
Inspector, or subordinate police officer authorized by
the Superintendent for the purposes of this Ordinance;
"trash" means any megass, straw, brushwood or other
inflammable matter.
3. It shall be lawful for the Administrator, by proclama- Prohibition
tion to prohibit the setting of fire to land within such parts of reclamation
the Colony and within such times to be specified in such pro-
clamation as the Administrator may see fit, and any person who,
after the publication of, and within the time specified in such
proclamation, shall'set fire to any land within any part of the
olony mentioned in such proclamation, shall, on summary
conviction be liable to pay a fine not exceeding two hundred
nd forty dollars, or be imprisoned for such term not exceeding
x calendar months as to a Magistrate shall seem fit.
Bush Fires.
2772
CAP. 301)
Licence to
set fires.
Penalty for
setting fire
without licence.
Provisions as
to rubbish
dumps.
Liability of
owner.
Penalty for
setting fire
without per-
mission of the
Superintendent.
Bush Fires.
4. Any owner desirous of setting fire to any land shall
give to the Superintendent a notice in writing giving a sufficient
description of the locality of such land, and the Superintendent
shall inspect such land, or cause the same to be inspected by
some competent person to be named by him, and on such inspec-
tion being made, may, if he shall see fit, and subject to such
conditions as he may determine and impose grant a licence to
set fire to such land or any part thereof, in which licence shall
be specified the days within which such licence shall be in force:
Provided that no such day shall be a day prohibited by any
proclamation of the Administrator with respect to such locality.
5. If fire shall be set to any land without a sufficient licence
in that behalf under this Ordinance, or in breach of any condition
attached to such licence by the Superintendent, the owner shall,
on conviction thereof before a Magistrate, for every such offence
be liable to pay a fine not exceeding two hundred and forty
dollars or to be imprisoned for any term not exceeding six
months as to such Magistrate shall seem fit. And every person
not being the owner, who shall set fire or aid or assist in setting
fire to such land shall, on conviction thereof before a Magistrate,
for every such offence be liable to a fine not exceeding two
hundred and forty dollars or to be imprisoned for any term
not exceeding six months.
6. The provisions of sections 4 and 5 shall not apply to
fires set under the authority of the Chief Health Inspector on
lands selected by him for use as rubbish dumps.
7. On the trial of any information, or in any proceeding
for a summary conviction under this Ordinance, proof of any
crop or trash growing or being in or upon any land having been
on fire shall be prima facie evidence against the owner of such
land of such fire having been set thereto by such owner.
8. Any person who shall set fire to any Crown lands
except by virtue of an order in writing from the Superintendent
to be made under the authority of this Ordinance shall, on
conviction thereof before a Magistrate, be liable to a fine not
exceeding two hundred and forty dollars or to be imprisoned
for any term not exceeding six calendar months, as to the
Magistrate shall seem fit.
(CAP. 301 2773
9. It shall be lawful for the Superintendent, by an order
in writing under his hand, to make an order for the setting of
fire to any Crown land on any day not being a day prohibited
by any proclamation of the Administrator; and public notice of
such order having been made shall be given by affixing copies
of such order in some open and conspicuous part of the several
police offices within the district within which such land or any
part thereof may be situate, at least ten clear days before the
first day to be appointed in or by such order for setting fire to
such land.
10. For the better extinction of fires, every constable
on its coming to his knowledge that a fire has broken out
on any land shall forthwith give notice thereof to the police
officer in charge of the nearest police station and thereupon
it shall be lawful for such officer, with such assistants as he shall
see fit, to enter upon any land where such fire may be, or to
which there may be reasonable cause of apprehension that such
fire may spread, and to do all such matters and things as such
officer shall reasonably deem to be necessary for the purpose of
extinguishing such fire, or preventing the growth or spreading
thereof.
11. It shall be lawful for any police officer or any Magis-
trate or Justice of the Peace to call upon and require every
male person present at such fire to aid and assist in the extinc-
tion of such fire, and any such person who after being so required,
shall refuse or fail to aid or assist in such manner as such officer
or Magistrate or Justice of the Peace may direct shall, on con-
viction thereof before a Magistrate, be liable to a fine not exceed-
ing twenty-four dollars or to be imprisoned for any term not
exceeding three months as to the Magistrate shall seem fit,
unless he shall prove to the satisfaction of the Magistrate that
at the time of the fire he was under the age of fourteen years,
or above the age of sixty years, or was prevented by bodily
sickness or infirmity from so aiding and assisting.
12. On the commission of any offence against this
Ordinance any of the offending parties who first discovers
and informs against the other or others of such offending parties,
before any information has been lodged against such informing
party or parties for such offence shall upon the conviction of
Fires on
Crown land.
Extinction
of fires.
Persons may be
called upon to
assist in putting
out fires.
Penalty for
refusing to
assist.
Queen's
evidence.
Bush Fires.
the party against whom such information was given, be dis-
charged and acquitted from all penalties to which, at the time
of such information given, such informing party might have
been liable for or by reason of any such offence committed
by such informing party, and the evidence of such informing
party shall on any trial at law touching such offence be admitted
to prove the facts thereof or relating thereto.
One moiety of
fine to be paid
to informer.
Prosecution
and
punishment.
Cap. 48.
Saving of
existing
liability.
13. All fines and penalties recovered under the provisions
of this Ordinance shall be paid into the Public Treasury for the
public uses of the Colony:
Provided that after deducting from any such fine or penalty
the costs of the conviction, if any, the Magistrate may, if he
thinks fit, direct any sum, not exceeding one moiety of the
residue, to be paid to the person upon whose information such
conviction was obtained:
Provided further that where the pecuniary penalty is not
paid and the person incurring such penalty is sent to prison in
lieu of such payment of such penalty it shall be lawful for the
Administrator, if he thinks fit, to cause such reward as he
thinks fit to be paid out of the Public Treasury to the person
upon whose information such conviction was obtained.
14. Any person accused of having committed any of the
offences hereinbefore set forth, may, notwithstanding any other
law to the contrary, be prosecuted on complaint before a Magis-
trate in the manner prescribed by the Magistrate's Code of
Procedure Act, and shall, on conviction, be liable to the punish-
ments hereinbefore respectively prescribed for such offences: Pro-
vided that, where any such Magistrate shall impose a term of
imprisonment on any person so convicted as aforesaid, such
imprisonment may be either with or without hard labour.
15. Nothing in this Ordinance contained shall take away
or diminish the liability of any person for any damage from
fire caused by the act or neglect of such person or his servant,
and nothing in this Ordinance shall take away or diminish the
liability of any person to prosecution and punishment for an
offence at common law or under any other law of the Colony:
Provided that no person shall be punished twice for the same
offence.
2774
Bush Fires.
CAP. 301)
Census. (CAP. 302 2775
CHAPTER 302.
CENSUS.
(28th February, 1946.)
1. This Ordinance may be cited as the Census Ordi-
nance.
2. (1) Subject to the provisions of this Ordinance it
shall be lawful for the Administrator by order published in the
Gazette from time to time to direct that a census shall be taken
for the Colony.
(2) Any order made under this section may prescribe-
(a) the date on which the census is to be taken;
(b) the persons by whom and with respect to whom
information for the purpose of the census is to be furnished;
and
(c) the particulars to be stated in the returns:
Provided that no particulars shall be required to be stated
other than particulars with respect to such matters as are men-
tioned in the Schedule.
(3) The Administrator may in like manner revoke, amend
or vary such order.
3. It shall be lawful for the Administrator to appoint in
writing under his hand a fit and proper person to be Census
Officer and such appointment shall be published in the Gazette.
4. (1) It shall be the duty of the Census Officer to make
arrangements and do all such things as may be necessary for
the taking of a census in accordance with the provisions of this
Ordinance and of any order or regulations made thereunder,
and for that purpose to make arrangements for the preparation
and issue of the necessary forms and instructions and for the
return of the forms when filled up.
(2) The Census Officer in exercise of his powers and in
the performance of his duties under this Ordinance or under
1/1946.
Short title.
Power to take
census.
Schedule.
Appointment of
Census Officer.
Duties of
Census Officer.
Census.
2775
(CAP. 302
2776 CAP. 302) Census.
Expenses to be
a charge on
the revenue
of the
Colony.
Power of
Administrator
in Council
to make
regulations
any order or regulations made thereunder, shall be subject to
the control of, and comply with any directions given by the
Administrator.
5. All expenses incurred with the sanction of the Admini-
strator in connection with the taking of a census or otherwise
in connection with the exercise of powers or the performance of
duties under this Ordinance shall be defrayed out of the public
revenue of the Colony.
6. It shall be lawful for the Administrator in Council
to make regulations-
(a) providing for the division of the Colony into dis-
stricts for the purpose of the census and the appointment
of census supervisors, enumerators, clerks, and such ser-
vants as may be necessary to act in those districts in
connection with the census;
(b) requiring all such persons as may be employed for
the purpose of the census to perform such duties in connec-
tion with the taking of the census as may be prescribed;
(c) requiring persons employed for the purpose of the
census to make a written declaration with respect to the
performance of their duties and prescribing the form of
such declaration;
(d) requiring the superintendent or other person in
charge of every gaol, prison, lock-up or other place of
confinement and the officer-in-charge of any hospital or
other public or charitable institution within the Colony
to make returns with respect to inmates thereof and to
conform to such instructions as may be given to him;
(e) requiring information to be given to the persons
liable to make returns by the persons with respect to whom
the returns are to be made;
(f) with respect to the forms to be used or the par-
ticulars to be supplied in the taking of a census;
(g) for the allowances to be paid to persons employed
in connection with the taking of the census;
(h) making provision with respect to any other matters
with respect to which it is necessary to make provision
for the purpose of carrying into effect the provisions of
the order.
2776
Census.
CAP. 302)
Census.
CAP. 302)
7. (1) The Census Officer shall, as soon as may be after
the taking of a census, prepare or arrange for the preparation
of a tabulated report on the census returns, showing the num-
ber of persons enumerated in the Colony as a whole and in
each village, town, district and island thereof, and every such
report shall be printed and laid before the Legislative Council.
(2) No report, summary of statistics or other publication
under this Ordinance, shall contain any of the particulars com-
prised in any individual return so arranged as to enable any
person to identify any particulars so published as being par-
ticulars relating to any individual person.
8. It shall be lawful for every enumerator appointed
under the regulations made under this Ordinance in so far
as may be necessary for the purpose of this Ordinance to enter
every house within his district on the day appointed for taking
a census and at any time during the period of four weeks imme-
diately preceding the said day, and he may repeat his visits to
and entries into and upon any house in his district as often as
may be necessary for the purpose of obtaining from any inmate
of any such house any further information or explanation neces-
sary to enable him to complete, verify or correct any account
given to or taken by him in respect thereof or of the inmates
thereof.
9. Every person who has the custody or charge of any
public records or documents, or of any records or documents
of any corporation, from which information relating to the
objects of any census ordered under this Ordinance may be
obtained, or which would aid in the completion of such census,
shall grant to any census supervisor, enumerator, or person
authorized in writing by the Census Officer, access thereto for
the purpose of obtaining such information therefrom.
10. (1) If any person-
(a) refuses or neglects to comply with or acts in
contravention of any of the provisions of this Ordinance
or any order or regulations made under this Ordinance;
or
(b) being a person required under this Ordinance
to make a written declaration with respect to the perfor-
mance of his duties makes a false declaration; or
2777
Census Officer
to make report,
etc.
Enumerators'
power to enter.
Access to public
records.
Offences and
penalties.
(CAP. 302 Census.
(c) being a person required by any order or regula-
tions made under this Ordinance to make, sign, or deliver
any document, makes, signs, or delivers, or causes to be
made, signed, or delivered a false document; or
(d) being a person required in pursuance of any such
order or regulations to answer any question, refuses to
answer or gives a false answer to that question; or
(e) being a person employed in taking a census, with-
out lawful authority, publishes or communicates to any
person otherwise than in the ordinary course of such em-
ployment any information acquired by him in the course
of his employment; or
(f) having possession of any information which to
his knowledge has been disclosed in contravention of this
Ordinance, publishes or communicates that information
to any other person; or
(g) in the pretended performance of duties under this
Ordinance obtains, or seeks to obtain, information which
he is not duly authorized to obtain,
he shall be guilty of an offence against this Ordinance, and
shall on summary conviction be liable to a fine not exceeding
four hundred and eighty dollars, or to imprisonment with or
without hard labour for a term not exceeding six months or to
both such fine and imprisonment.
SCHEDULE. S. 2 (2).
MATTERS IN RESPECT OF WHICH PARTICULARS MAY BE REQUIRED.
1. Names, sex, age, religion.
2. Occupation, profession, trade or employment.
3. Nationality, birthplace, race, language.
4. Place of abode and character of dwelling.
5. Condition as to marriage, relation to head of family, issue
born.
6. Any other matters with respect to which it is desirable to
obtain statistical information with a view to ascertaining the social
or civil condition of the population.
7. Crops, acreage held and form of tenure, livestock and other
agricultural matters.
8. Equipment and methods employed in fishing.
9. Health and physical incapacity.
2778
Cinematograph.
CHAPTER 303.
CINEMATOGRAPH.
1. This Ordinance may be cited as
Ordinance.
(8th May, 1913.)
the Cinematograph
2. In this Ordinance-
"film" means any film containing celluloid which is in-
tended for use in a cinematograph or any similar
apparatus.
3. (1) No person may conduct or allow to be presented
or given by means of a cinematograph, or other similar appara-
tus for the purposes of which inflammable films are used, any
exhibition of pictures or other optical effects without the written
permission of the Administrator.
(2) The Administrator may refuse to grant such permission
or grant it subject to the regulations made under this Ordinance
and subject to such special conditions and restrictions, to be
specified in the permission, as to him may seem fit; and any
such permission may be revoked by the Administrator at any
time.
4. Where the Administrator grants any such permission
upon the condition that the exhibition be conducted under
the superintendence of some officer or person designated in the
permission, then the officer or person so designated may
at any time order such exhibition to cease or may give any
other direction which he may think necessary for ensuring the
safety from fire of the premises at which the exhibition takes
place and of the people attending the exhibition.
5. Any person who conducts or who in any way assists
in conducting any such exhibition in contravention of the provi-
sions of section 3, or the regulations made. under this Ordinance,
or of any conditions or restrictions specified in a permission
so granted, shall be guilty of an offence against this Ordinance.
Interpretation.
Permit to
conduct
cinematograph.
Supervision of
exhibition to
ensure safety
from fire.
Offence.
5/1913.
1/1923.
Short title.
2779
(CAP. 303
2780 CAP. 303) Cinematograph.
Duty of
occupier, &c.,
of premises.
6. (1) It shall be the duty of the occupier or the person
who manages or receives the rent of any premises at which it
may be proposed to conduct any such exhibition, to ascertain
whether the requisite permission of the Administrator shall have
been obtained and, if so, the terms of such permission; and it
shall also be the duty of such occupier or person to give notice
to the Superintendent of Police, if and so soon as he has reason to
believe that there is an intention to proceed with the exhibition
either without the Administrator's permission or with such per-
mission but without having everything done, which may be
required under such permission to be done, previous to the
exhibition taking place.
(2) Any occupier or person referred to in this section who
fails to comply with the provisions of this section shall be guilty
of an offence against this Ordinance.
7. All stocks of film except when actually being used or
manipulated shall be kept either in a storeroom, or in fire-
resisting receptacles which shall not be used for any other pur-
pose and shall be plainly marked "Film".
8. Every reel of film shall, except when required to be
exposed for the purposes of the work carried on in the premises,
be kept in a separate and properly closed metal box.
9. Not more than ten reels or forty pounds of film shall
be exposed at any one time.
10. The following provisions shall apply to every room
used for the storing of film-
(a) The room shall be constructed of fire-resisting
material in such manner as to prevent as far as is reasonably
practicable any fire occurring in the room from spreading
to other parts of the premises or to other premises and any
fire occurring outside the room from reaching the contents
thereof;
(b) The room shall be used for no other purpose;
(c) The room shall be kept properly ventilated;
(d) The furniture and apparatus shall be so arranged
as to afford free egress to persons in the room in the event
of fire;
(e) No open light or fire shall be allowed;
Film to be
stored when
not in use.
Reels of film
to be kept in
metal box.
Limit of film
to be exposed.
Provisions
applying to
store room.
2780
Cinematograph.
CAP. 303)
Cinematograph.
(CAP. 303 2781
(f) The fittings shall, so far as is practicable, be of non-
inflammable or fire-resisting material;
(g) No person shall smoke in or take matches into
the room.
11. (1) Any police officer or any officer appointed for Power of entry
the purpose by the Administrator may at all reasonable times and inspection.
enter any premises in which he has reason to believe that any
cinematograph or any similar exhibition is being or about to
be given, with a view to seeing whether the provisions of this
Ordinance or any regulations made thereunder, and the con-
ditions of any permission so granted have been complied with;
and if any person prevents or obstructs anyone acting as afore-
said he shall be guilty of an offence against this Ordinance.
(2) Any constable duly authorized in writing by the Super-
intendent or an Assistant Superintendent of the Police Force,
may at all reasonable times enter and inspect any room in any
premises, which is used or which such constable has reasonable
cause to believe is used, as a room for storing film.
(3) Every such constable on visiting any such premises
shall, if so required, produce the said written authority to the
occupier or manager or other person for the time being in charge
of such premises.
(4) If any person refuses to permit any constable authorized
under this Ordinance to enter and inspect any premises, or
hinders or obstructs any such constable in the execution of his
duty under this Ordinance, or refuses to give him facilities for
the purpose, that person shall be guilty of an offence.
12. The Administrator in Council may make such regula- Regulations.
tions as he may deem expedient for regulating and controlling
cinematograph and other similar exhibitions.
13. Any person who is guilty of an offence against this Penalty.
Ordinance or any regulations made thereunder or who contra-
venes any of the provisions of this Ordinance, shall be liable on
summary conviction to a fine not exceeding ninety-six dollars.
14. In any prosecution under this Ordinance, the onus of Burden of
proving compliance with the provisions of this Ordinance or proof.
of any regulations made thereunder shall lie on the defendant.
Circus and Similar Shows. (CAP. 304 2783
CHAPTER 304.
CIRCUS AND SIMILAR SHOWS. 1/1927.
(1st January, 1927.)
1. This Ordinance may be cited as the Circus and Short title.
Similar Shows Ordinance.
2. (1) No person shall conduct or operate any circus, Prohibition
merry-go-round or other show of a like kind without a licence eratin
granted and issued subject to the conditions hereinafter provided: without
Provided that the Administrator may at his discretion licence.
refuse to allow such licence or permit to be granted.
(2) Any person acting in contravention of this section shall
be guilty of an offence against this Ordinance.
3. It shall be lawful for the person for the time being in Issue of
charge of the Police in the Colony to issue licences under this licenses.
Ordinance subject to the conditions mentioned in section 4.
4. (1) Each licence shall specify- conditions of
(a) the days of the week and the hours between which
the show shall be operated;
(b) the period during which the show may be
operated;
(c) the site, which shall be at the discretion of the
Administrator.
(2) If the holder of the licence or any person employed by
im infringes any condition subject to which such licence is
anted he shall be guilty of an offence against this Ordinance.
5. There shall be paid into the Treasury for every licence Fee for
sued under this Ordinance a fee of four dollars and eighty lience.
ents a day for each day or part of a day during which a show
actually in operation.
2784 CAP. 304) Circus and Similar Shows.
Penalty. 6. Any person guilty of an offence against this Ordinance
shall be liable on summary conviction to a fine not exceeding
two hundred and forty dollars.
Cancellation 7. The Administrator in Council may, in the event of
of licences. the infringement by the holder of a licence of any of the con-
ditions subject to which such licence is granted, or of the con-
viction of such holder or any person employed by him of an
offence against this Ordinance, without compensation cancel
such licence.
(CAP. 305 2785
CHAPTER 305.
COMMISSIONS OF INQUIRY.
(29th July, 1880.)
1. This Act may be cited as the Commissions of Inquiry
Act.
2. It shall be lawful for the Administrator whenever he
shall deem it advisable, to issue a commission appointing one or
more commissioners, and authorizing such commissioners, or any
quorum of them therein mentioned, to inquire into the conduct
or management of any department of the public service in the
colony, or of any public officer of the Colony, or of any parish
or district thereof, or into any matter in which an inquiry would,
in the opinion of the Administrator, be for the public welfare.
Each such commission shall specify the subject of inquiry, and
may, in the discretion of the Administrator, if there is more
than one commissioner, direct which commissioner shall be
chairman, and direct where and when such inquiry shall be
made, and the report thereof rendered, and prescribe how such
commission shall be executed, and may direct whether the
inquiry shall, or shall not, be held in public. In the absence of a
direction to the contrary, the inquiry shall be held in public,
but the commissioners shall nevertheless be entitled to exclude
any particular person, or persons, for the preservation of order,
for the due conduct of the inquiry, or for any other reason:
Provided that, when any inquiry, as aforesaid, shall be directed
not to be held in public, it shall not be lawful for any person,
without the authority of the Administrator, to write, print,
publish, circulate, or make public, or to procure for the purpose
of writing, printing, publishing, circulating, or making public,
or to cause to be written, printed, published, circulated, or made
public, or to be in any way concerned in the writing, printing,
publication, circulation, or making public of, the evidence, or
any part thereof, taken on such inquiry, or the proceedings, or
any part thereof, on such inquiry; and any person so offending
shall be guilty of a misdemeanor, and shall be liable to pay a
5/1880.
2/1933.
S.R.O.22/1956.
Short title.
Power to
Administrator
to appoint
commissions
of inquiry.
Commissions of Inquiry.
2786 CAP. 305)
Commissions of Inquiry.
fine not exceeding four hundred and eighty dollars, or to be
imprisoned for any period not exceeding one year, or both.
3. In case any commissioner shall be or become unable
or unwilling to act, or shall die, the Administrator may appoint
another commissioner in his place; and any commission issued
under this Act may be altered, as the Administrator may deem
fit, by any subsequent commission issued by the Administrator,
or may be revoked altogether by a notification to that effect
published in the Gazette.
4. No commission issued under this Act shall lapse by
reason of, or be otherwise affected by, the death, absence, or
removal of the Administrator issuing the same.
5. It shall be the duty of each commissioner appointed
under this Act to make and subscribe an oath that he will,
faithfully, fully, impartially, and to the best of his ability, dis-
-charge the trust, and perform the duties, devolving upon him
by virtue of such commission, which oath may be taken before
any Justice of the Peace or Magistrate, and shall be deposited
by the commissioner with the Administrator.
Appointment 6. The Administrator may appoint a secretary to attend
of secretary. the sittings of the commission, to record their proceedings, to
keep their papers, summon and minute the testimony of wit-
nesses, and generally to perform such duties, connected with
such inquiry, as the commissioners shall prescribe, subject to
the directions, if any, of the Administrator.
7. It shall be the duty of the commissioners, after taking
such oath, to make a full, faithful, and impartial inquiry into
the matter specified in such commission, and to conduct such
inquiry in accordance with the directions, if any, in the com-
mission, and, in due course, to report to the Administrator, in
writing, the result of such inquiry, and also, when required, to
furnish to the Administrator, a full statement of the proceedings
of such commission, and of the reasons leading to the conclu-
sions arrived at or reported.
8. If the commissioners shall, in any case, be equally
divided in any question that arises during the proceedings of the
commission, the chairman of the commission shall have a second
or casting vote.
Filling up of
vacancies and
alterations of
commissions.
Death &c., of
Administrator
not to affect
commission.
Oath of
commissioner.
Duties of
commissioners.
Chairman to
have casting
vote.
Commissions of Inquiry.
9. The commissioners acting under this Act may make
such rules for their own guidance, and the conduct and manage-
ment of proceedings before them, and the hours and times and
places for their sittings, not inconsistent with their commission,
as they may, from time to time, think fit, and may, from time
to time, adjourn for such time and to such place as they may
think fit, subject only to the terms of their commission.
10. Commissioners acting under this Act shall have the
powers of a Judge of the Supreme Court within the Colony
to summon witnesses, and to call for the production of books,
plans, and documents, and to examine witnesses and parties
concerned on oath, and no commissioner shall be liable to any
action or suit for any matter or thing done by him as such
commissioner. All summonses for the attendance of witnesses or
other persons, or for the production of documents, may be in
the form given in the Schedule, and shall be signed by one of
the commissioners, and oaths may be administered by any one
of the commissioners, or by their secretary.
11. Any person whose conduct is the subject of inquiry
under this Act, or who is in any way implicated, or concerned
in the matter under inquiry, shall be entitled to be represented
by counsel at the whole of the inquiry, and any other person
who may consider it desirable that he should be so represented
may, by leave of the Commission, be represented in the manner
aforesaid.
12. Any witness who shall wilfully give false evidence
in any such inquiry, concerning the subject matter of such
inquiry, shall be guilty of perjury, and be liable to be prosecuted
and punished accordingly.
13. All persons summoned to attend and give evidence,
or to produce books, plans or documents, or any other matter,
at any sitting of any such commission, shall be bound to obey
the summons served upon them as fully, in all respects, as wit-
nesses are bound to obey subpoenas issued from the Supreme
Court, and shall be entitled to the like expenses as if they had
been summoned to attend the Supreme Court on a criminal
trial, if the same shall be allowed by the commissioners, but
the commissioners may disallow the whole or any part of such
expenses in any case, if they think fit. Orders for the payment
Commissioners
may make
rules, and
adjourn
meetings.
Powers in
relation to
witnesses.
Schedule.
Representation
by Counsel.
Punishment
of witnesses
for perjury.
Attendance of
witnesses, pay-
ment of
expenses.
(CAP. 305
2787
2788 CAP. 305)
of such witnesses shall be made, as nearly as may be, as orders
are made for the payment of witnesses at the Supreme Court,
and shall be paid at such time and in such manner as the
Administrator may direct. Every person refusing or omitting,
without sufficient cause, to attend at the time and place men-
tioned in the summons served on him, and every person attend-
ing, but leaving the commission without the permission of the
commissioners, or refusing to answer, or to answer fully and
satisfactorily to the best of his knowledge and belief, all ques-
tions put to him by or with the concurrence of the commissioners,
or refusing or omitting, without sufficient cause, to produce
any books, plans, or documents, or other matters in his possession
or under his control, and mentioned or referred to in the
summons served on him, and every person who shall, at any
sitting of the commission, wilfully insult any commissioner, or
the secretary, or wilfully interrupt the proceedings of the com-
mission, shall be liable, on summary conviction, to a penalty not
exceeding one hundred and forty-four dollars.
Statement of
witness before
commission
not admissible.
14. No statement made by any person who is called as a
witness before any commission of inquiry, or any commissioners
appointed in pursuance of this Act, in answer to any question
put by or before such commission or commissioners, shall, except
in cases of indictments for perjury, be admissible in evidence in
any proceeding, civil or criminal.
Police to 15. The Administrator may direct the Superintendent
attend at or any other officer of the Police Force to detail constables to
commissions.
attend upon any such commissioners to preserve order during
the proceedings of the commission, and to perform such other
duties as usually pertain to their office when in attendance upon
the Supreme Court, and to serve summonses on witnesses, and
to perform such ministerial duties as such commissioners shall
direct.
Remuneration
of commis-
sioners and
secretary.
16. The Administrator may direct what remuneration if
any, shall be paid to any commissioners acting under this Act, and
to their secretary, and to any other persons employed in or
about any such commission, and may direct payment of any
other expenses attendant upon the carrying out of any such
commission, or upon any proceedings for any penalty under
this Act. Such sums, so directed to be paid, shall be paid by the
Accountant-General out of the ordinary cash balance in the
Treasury of the Colony.
Commissions of Inquiry.
(CAP. 305 2789
17. All commissions and all process and proceedings Commissions
before the commissioners under this Act shall be free from stamp stap duty.
duty.
18. All commissions under this Act, and all revocations Publication of
of any such commissions, shall be published in the Gazette, and commissions.
shall take effect from the date of such publication.
19. No proceedings shall be commenced for any penalty Recovery of
under this Act, except by the direction of the Attorney-General, penalties.
or of the commissioners. The commissioners may direct their
secretary, or such other person as they may think fit, to com-
mence and prosecute the proceedings for such penalty.
SCHEDULE. S. 10.
SUMMONS TO WITNESS.
To A.B. (name of person summoned, and his calling and resi-
dence, if known).
You are hereby summoned to appear before (here name the
commissioners) appointed by the Administrator to inquire (state
briefly the subject of inquiry) at (place), upon the day of
19 at o'clock in the noon,
and to give evidence respecting such inquiry, (if the person sum-
moned is to produce any documents, add) and you are required to
bring with you (specify the books, plans, and documents required.)
Therefore fail not at your peril.
Given under the hand of Commissioner,
this day of ,19
Commissions of Inquiry.
(CAP. 306 2791
CHAPTER 306.
COTTON TRAFFIC.
(2nd August, 1941.)
1. This Ordinance may be cited as the Cotton Traffic
Ordinance.
2. In this Ordinance-
"Accountant-General" means the officer for the time being
performing the duties of Accountant-General of the
Colony and includes any Treasury Officer authorized
by the Accountant-General to act on his behalf.
"Agricultural Officer" means the Agricultural Superinten-
dent of the Colony;
"cotton" includes seed cotton and lint cotton;
"cotton planting season" means the period not included in
the close seasons declared by proclamation issued under
the Cotton Protection Ordinance, and the Cotton
Planting (Regulation) Ordinance;
"Chief Cotton Protection Officer" means any person ap-
pointed as such under the provisions of this Ordin-
ance;
"Cotton Protection Officer" means any person appointed
as such under the provisions of this Ordinance;
"licensed purchaser" means a person for the time being
licensed under the provisions of this Ordinance to
purchase cotton in the Colony;
"licensed seller' means a person for the time being licensed
under the provisions of this Ordinance to sell cotton
in the Colony;
3. The Administrator may for the purposes of this Ordin-
ance appoint a fit and proper person to be Chief Cotton Protec-
tion Officer and also such other persons as may be necessary as
Cotton Protection Officers.
10/1941.
Short title.
Interpretation.
Cap. 95.
Cap. 94.
Appointment of
Chief Cotton
Protection
Officer, &c.
Cotton Trafic.
Cotton Trafic.
Grower of 4. (1) Every owner or occupier or person having the
cotton to be
registered. management of any lands, who plants the same with cotton shall
within seven days after the last day of the cotton planting season,
attend personally at the office of the nearest Cotton Protection
Officer and make application in the form contained in Schedule
Schedule A. A, to be registered as a grower of cotton.
(2) In any case where the occupier of any lands is not the
owner thereof the particulars contained in the application for
registration shall be verified either by the owner or his represen-
tative or some responsible person known to the Cotton Protection
Officer.
Issue of
certificate of
registration.
Schedule B.
Inspection of
land and
power of entry.
No cotton to be
sold without
licence.
5. A Cotton Protection Officer to whom application
under section 4 has been made shall, on being satisfied as to the
accuracy of the information contained in such application issue
a certificate of registration in the form contained in Schedule B,
and shall notify the Chief Cotton Protection Officer who shall
keep a register of the names of all persons to whom certificates
of registration have been issued.
6. The Agricultural Officer shall within three months
after the last day of the cotton planting season cause the lands
of all persons who have been registered as cotton growers to be
inspected and the information furnished in their applications
for registration under section 4 to be verified by the Cotton
Protection Officers; and it shall be lawful for the Cotton Protec-
tion Officers at all reasonable times to enter upon and examine
such lands and to pass over any other lands for the purpose of
obtaining access thereto.
7. (1) No person shall sell any cotton in the Colony with-
out having first obtained a licence to do so in accordance with
the provisions of this Ordinance.
(2) The preceding sub-section shall not apply in the
case of-
(a) a licensed purchaser, or
(b) a person who-
(i) sells as the agent of a licensed seller cotton produced
from the area in respect of which the licence was
issued, and
2792
CAP. 306)
Cotton Traffic.
(ii) informs the purchaser or the person acting on his
behalf that he is selling as agent for such licensed
seller, and
(iii) produces to the purchaser or the person acting on
his behalf the current licence and vendor's record
book of such licensed seller.
8. Any person who is desirous of obtaining a licence to
sell cotton shall fill in and sign an application for such licence
in the form contained in Schedule C. Every such application
shall be submitted to the Cotton Protection Officer for the district
in which the applicant resides and the Cotton Protection Officer
shall, after verifying the particulars therein stated, countersign
and return the same to the applicant who shall lodge the same
with the Agricultural Officer.
9. Upon the receipt of an application for a licence to
sell cotton duly countersigned by a Cotton Protection Officer
the Agricultural Officer shall, upon payment by the applicant
of the sum of twelve cents, issue a licence in the form con-
tained in Schedule D together with a vendor's record book the
pages of which shall be in the form contained in Schedule E.
10. (1) No person shall purchase any cotton in the Colony
without having first obtained a licence so to do under the pro-
visions of this Ordinance; nor shall any person having obtained
such a licence purchase cotton otherwise than at the premises
to which such licence applies.
(2) The preceding sub-section shall not apply in the case
of a person who purchases cotton on behalf of a licensed pur-
chaser at the premises to which such purchaser's licence applies.
11. (1) Any person who is desirous of obtaining a licence
to purchase cotton shall fill in and sign an application for such
licence in the form contained in Schedule F to be obtained
from the Treasury.
(2) The Accountant-General shall have absolute discretion
to grant or refuse a licence under this section. Any person
aggrieved by a refusal may appeal to the Administrator in
Council whose decision shall be final.
Application for
licence to sell
cotton.
Schedule C.
Issue of licence
and vendor's
record book.
Schedule D.
Schedule E.
Purchase of
cotton without
licence
prohibited.
Application
and issue of
purchaser's
licence.
Schedule F.
(CAP. 306
2793
2794 CAP. 306) Cotton Traffic.
(3) On approving any application the Accountant-General
shall so inform the applicant and shall on payment by him of
the sum of forty-eight dollars issue a licence in the form con-
Schedule G. tained in Schedule G.
Purchaser's 12. Every licensed purchaser shall keep a purchaser's
record book record book the pages of which shall be in the form contained
Schedule H. in Schedule H.
Duration of 13. Every licence granted under this Ordinance shall
licence, &c.
expire on the 31st day of July in each year and upon the expira-
tion thereof every licensed seller and every licensed purchaser
shall cause his expired licence, together with all books and
records whatsoever required to be kept by him to be delivered
to the Agricultural Officer.
of endorn' 14. (1) Where any cotton is offered for sale the owner
record, &c. thereof or his agent shall produce to the purchaser or his agent
at the premises in respect of which the purchaser's licence has
been issued the vendor's record book.
(2) The licensed purchaser or his agent shall at the time
of any purchase of cotton enter in the vendor's record book and
in the purchaser's record book all the particulars therein indicated
as being required, and shall then sign his name to each of the
entries made in such books.
Production of 15. (1) When any cotton is brought to any ginnery to
certificate of
registration at be ginned the owner or bearer of such cotton shall produce to
ginnery, &c. the owner or occupier or person in charge of the ginnery, the
certificate of registration relating to the land on which the cotton
was grown or in the case of a licensed purchaser the purchaser's
record book and the owner occupier or person in charge of the
ginnery shall enter upon the certificate or in the purchaser's
record book the quantity of cotton so presented.
(2) The owner or occupier or person in charge of any
ginnery shall keep a ginner's record book the pages of which
Schedule I. shall be in the form contained in Schedule I and such owner,
occupier or such person shall make an entry in such ginner's
record book of all the particulars therein indicated as being
required at the time when any cotton is brought to be ginned.
Cotton Traffic.
(CAP. 306 2795
(3) Every such entry shall be signed by such owner or
occupier or person in charge of the ginnery and by the person
bringing the cotton to be ginned.
16. The vendor's record book, the purchaser's record
book and the ginner's record book shall at all reasonable times
be open to the inspection of any Police Officer, Cotton Protec-
tion Officer or of any other person on the written requisition of
any Police Officer or Cotton Protection Officer, and any Police
Officer or Cotton Protection Officer or other such person may
demand the production of the said records at any convenient
place and may take a copy of any entry or entries in such records.
17. It shall be the duty of every holder of any licence
under the provisions of this Ordinance and of the owner, occu-
pier or person in charge of any ginnery at all times to give to
any Police Officer, Cotton Protection Officer or person authorized
in writing by them or any of them all information in his power
concerning any sale or purchase of cotton or any transaction
connected with any cotton, and to give to them every assistance
in his power in detecting any breach of any of the provisions
of this Ordinance or any larceny of or illicit dealing or trading
in cotton.
18. (1) All cotton being removed from one place to
another shall be accompanied by the seller's licence issued to
the owner of such cotton under the provisions of this Ordinance
or by a permit in writing from the owner or his representative
which permit shall be in the form contained in Schedule J:
Provided that nothing in this subsection shall be construed
to apply to cotton in the course of removal from the field where
such cotton shall be gathered, to the store-room of the owner
of such cotton, or to cotton in the course of removal for export.
(2) No cotton whatever shall be moved between the hours
of six p.m. and five a.m. unless the person removing the same
has in his possession at the time of such removal a permit in the
form contained in Schedule K and signed by a Police Officer.
19. If it shall appear to a Magistrate that a licensed
vendor has during the period in which his licence remains in
force sold cotton which is in excess of the quantity which could
reasonably have been produced from the land planted by him,
Books open to
inspection.
Obligation to
give information
and assistance
for detecting
breaches of
the law.
Removal of
cotton.
Schedule J.
Schedule K.
Sale of cotton
in excess of
quantity
produced.
2796 CAP. 306)
such licensed vendor shall be guilty of an offence against this
Ordinance unless he satisfies the Magistrate that such excess
of cotton was his property and was acquired by him lawfully.
Power to make 20. The Administrator in Council shall have power to
Regulations.
Regulations. make regulations providing for-
(a) the marking of every bale of cotton ginned and
pressed in any ginnery;
(b) records to be kept by the Collector of Customs of
particulars of cotton exported.
Offences. 21. Any person who-
(a) sells cotton to a person other than in accordance
with the provisions of this Ordinance, or
(b) purchases cotton from a person other than in
accordance with the provisions of this Ordinance, or
(c) unlawfully makes use of any vendor's record book
or licence of another person, or wilfully makes any false
statement or representation for the purpose of effecting the
sale of cotton, or
(d) wilfully makes any false statement or misrepresen-
tation with the intent to obtain a vendor's record book or
licence under this Ordinance, or
(e) being the holder of a licence under this Ordinance
or being the owner or occupier or person in charge of any
ginnery refuses, neglects or fails to permit the inspection of
or to produce any of his records when lawfully required so
to do, or to allow any copy thereof to be taken in accord-
ance with the provisions of this Ordinance, or
(f) being the holder of a licence under this Ordinance
or being the owner or occupier or person in charge of any
ginnery wilfully makes or gives any false statement to any
Police Officer or Cotton Protection Officer concerning any
sale or purchase of cotton or any dealing in cotton or in
relation to any matter or thing incidental to any such sale
or purchase or intended sale or purchase, or
(g) wilfully makes any false statement to the owner
or occupier or person in charge of any ginnery concerning
any cotton taken to such ginnery, or
Cotton Traffic.
Cotton Trafiic. (CAP. 306 2797
(h) refuses to permit or in any way obstructs or hinders
the examination by the Cotton Protection Officers of any
lands of a registered cotton grower, or
(z) in any manner whatsoever fails to comply with the
provisions of any of the sections of this Ordinance or of
any regulations made thereunder,
shall be guilty of an offence against this Ordinance.
22. Any person guilty of an offence against this Ordinance
shall on summary conviction be liable to a fine not exceeding
two hundred and forty dollars.
23. A licensed purchaser who is convicted of a second
offence against this Ordinance shall forfeit his licence.
24. Nothing in this Ordinance contained shall prejudice
or in any wise affect any civil or criminal proceedings which
but for the passing of this Ordinance might be taken or instituted
against any person:
Provided always that no person shall be liable to be punished
twice for the same offence.
Penalty.
Forfeiture
of licence.
Ordinance not
to affect certain
proceedings.
Cotton Traffic.
2797
(CAP. 306
2798 CAP. 306) Cotton Trafic.
SCHEDULE A. S.4.
APPLICATION FOR REGISTRATION AS A GROWER OF COTTON.
I hereby apply to be registered as a grower of cotton planted
on (1).......................... ........................ of land situate at
(2).......................................................... which I hold as
(3).................. ........................ thereof.
................................................ 19 ......
..................................... 19....
Applicant.
(4) I (We) certify that the above particulars are correct.
Owner or representative or other person.
NOTE :-(1) Here insert area of land actually planted in cotton.
(2) Here insert situation of land.
(3) Here insert how land is held whether as owner,
tenant or otherwise.
(4) To be endorsed by owner or some responsible person
where applicant is not the owner of the land.
SCHEDULE B. S. 5.
CERTIFICATE OF REGISTRATION AS A GROWER OF COTTON.
It is hereby certified that ...................................... ...
of ............................................ is hereby registered as a
grower of (1)......................................... of cotton planted
on land situate at (2)..........................................
................................................ 19 ......
......................................................
Cotton Protection Officer.
(1) Here insert acreage actually planted in cotton.
(2) Here insert situation of land.
Cotton Traffic. (CAP. 306 2799
SCHEDULE C. S.8.
APPLICATION FOR LICENCE TO SELL COTTON.
No. ............
To the Agricultural Officer.
I hereby apply for a licence to sell cotton planted on
(1)............................ land situate at (2)...........................
which land has been duly registered as required by section 5 of
the Cotton Traffic Ordinance.
Applicant.
Countersigned.
Cotton Protection Officer.
(1) Here insert area of land planted in cotton.
(2) Here insert situation of land.
SCHEDULE D. S. 9.
LICENCE TO SELL COTTON.
No. ........... of 19......
Area of land planted Situation of land
Licence is granted to ..............................................
of ................................................. to sell cotton from the
above mentioned land until the ................................ day of
.. .......... ..... ............ ....... 19 ......
Agricultural Officer.
SCHEDULE E. S.9.
The Cotton Traffic Ordinance.
VENDOR'S RECORD BOOK.
No. of Description Signature
Date of Name of Address of Pur- (viz: lint or Prce o
sale Purchaser Purchaser chaser's eeid and received Purchaser
Licence coweihtof perlb or Agent
2800 CAP. 306) Cotton Traffic.
SCHEDULE F. S. 11.
APPLICATION FOR LICENCE TO PURCHASE COTTON.
No. ..........
To the Accountant-General.
I hereby apply for a licence to purchase cotton at my premises
situate at ............................................. in this Colony in
accordance with the provisions of the Cotton Traffic Ordinance.
........... .................................. 19......
(Nam e) ......................................
(Address) ..................................
SCHEDULE G. S. 11(3).
LICENCE TO PURCHASE COTTON.
No. ............ of 19......
Licence is hereby granted to ...................................
of ........................................... to purchase cotton at his
(or her) prem ises situate at ...................................................
in this Colony in accordance with the provisions of the Cotton
Traffic Ordinance.
................................................ 19 ......
.......19....
Accountant-General.
Fee Paid
$48.00
SCHEDULE H. S. 12.
The Cotton Traffic Ordinance.
PURCHASER'S RECORD BOOK.
NameDescription
and No. of Descrip- Name (viz: lint or Price Signature
of Address Vendor's tion, and seed) and paid of Pur-
Pur- of licence situation Address weight of per chaser or
chase Vendor and area of cotton lb. Agent
______ of land bearer purchased
SCHEDULE I.
The Cotton Traffic Ordinance.
GINNER'S RECORD BOOK.
Name and
description
of lands
on which
grown
(4)
All par-
ticulars on
grower's
certificate
(5)
Whether
to be
ginned or
ginned
and
shipped
(6)
Weight
of seed
cotton
(7)
Columns (10 (11) and (12) to be completed after ginning.
S. 15.
Date
of
receipt
(1)
Name of
owner
(2)
If bearer
not owner
name of
bearer and
address
(3)
Signature
of ginner,
occupier
or agent
(8)
Signature
of owner
or bearer
of cotton
(9)
Weight
of
lint
(10)
Serial
number
of bales
(11)
Signature
of ginner,
occupier
or agent
(12)
2802 CAP. 306) Cotton Trafic.
SCHEDULE J. S.18(1).
The Cotton Traffic Ordinance.
PERMIT TO REMOVE COTTON.
Permission is hereby granted to ......................................
of ................................ to remove from .........................
and convey to ................................ (1) ..........................
of lint or seed cotton............... ............................. 19......
Owner.
(1) Here insert quantity.
SCHEDULE K. S. 18 (2).
The Cotton Traffic Ordinance.
PERMIT TO REMOVE COTTON BY NIGHT.
Permission is hereby granted to .....................................
of ............................................... to remove and convey to
.............................................. between the hours of .........
and ........ on the ................................... day of ...............
19...... (1)............................. of lint or seed cotton.
..........................................19 ......
................................................................
Police Officer.
(1) Here insert quantity.
Emergency Powers (Hurricane, Earthquake, Fire or Flood). (CAP. 307
CHAPTER 307.
EMERGENCY POWERS (HURRICANE,
EARTHQUAKE, FIRE OR FLOOD).
(21st May, 1957.)
1. This Ordinance may be cited as the Emergency Powers
(Hurricane, Earthquake, Fire or Flood) Ordinance.
2. (1) It shall be lawful for the Administrator in Council
after the occurrence in the Colony of any hurricane, earthquake,
fire or flood, to declare by proclamation in the Gazette that a
state of emergency exists.
(2) No such proclamation shall be in force for more than
one month, without prejudice to the issue of another proclama-
tion at or before the end of that period.
(3) Where a proclamation of emergency has been made,
the occasion thereof shall forthwith be communicated to the
Legislative Council, and, if the Legislature is then separated by
such adjournment or prorogation as will not expire within five
days, a proclamation shall be issued for the meeting of the Legis.
lature within five days and the Legislature shall accordingly
meet and sit upon the day appointed by that proclamation, and
shall continue to sit and act in like manner as if it had stood
adjourned or prorogued to the same day.
(4) Where a proclamation of emergency has been made,
and it is impossible to communicate the occasion thereof to the
Legislative Council owing to the dissolution or the expiring of
the term of the Legislative Council, and members of a new
Legislative Council have not yet been elected a proclamation
shall nevertheless be issued for the meeting of the Legislature
within five days and. thereupon notwithstanding the provisions
of any Act or Ordinance to the contrary, the members of the
late Legislative Council shall assemble and the Legislative
Council shall stand revived and shall sit as the competent body
of the Legislature but only for the purpose of considering such
5/1957.
Short title.
Proclamation
of emergency.
Duration of
Proclamation.
Legislative
Council to be
notified of
Proclamation
and required
to meet within
five days if
separated by
adjournment or
prorogation.
Where Legis-
lative Council
is dissolved or
the term of
the Legislative
Council has
expired,
proclamation
nevertheless
to be issued
for meeting
of Legislature
within five
days.
2803
CAP. 307) Emergency Powers (Hurricane, Earthquake, Fire or Flood).
proclamation of emergency and the Legislature shall accordingly
meet and sit upon the day appointed by that proclamation.
Administrator 3. (1) Where a proclamation of emergency has been
in Council
authorized to made and so long as the proclamation is in force, it shall be
make orders, lawful for the Administrator in Council to make orders securing
the essentials of life to the community and for the preservation
of the health, welfare and safety of the public.
(2) Orders made under this section may without prejudice
to the generality of the power conferred by subsection (1)
provide-
(a) for the requisitioning of all forms of transport;
(b) for requisitioning and regulating the supply and
distribution of food, clothing, water, fuel, light and other
necessities of life, and for fixing maximum wholesale and
retail prices in respect thereof;
(c) for the requisitioning of private lands, buildings
and premises;
(d) for conferring on any person the right of entry
on or passage through or over any private lands, buildings
or premises;
(e) for the demolition of any building or other structure
deemed to be dangerous;
(f) for the disposal of the dead and for dispensing
Cap. 19. with enquiries under the Coroners Act, as amended, and
from the provisions of the Births and Deaths (Registration)
SAct, as amended;
(g) for the payment of compensation in respect of any-
thing done under any order made under this Ordinance.
(3) Any order so made shall be laid before the Legislative
Council as soon as may be after it has been made, and shall
not continue in force after the expiration of seven days from
the time when it is so laid unless a resolution is passed by the
Legislative Council providing for the continuance thereof.
(4) The orders may provide for the trial by courts of
summary jurisdiction, of persons guilty of offences against the
orders; so, however, that the maximum penalty which may be
inflicted for any offence against any such order shall be im-
prisonment with or without hard labour for a term not exceeding
2804
Emergency Powers (Hurricane, Earthquake, Fire or Flood). (CAP. 307 2805
six months, or a fine not exceeding two hundred and fifty dollars,
together with the forfeiture of any goods or money in respect
of which the offence has been committed:
Provided that no such orders shall alter any existing pro-
cedure in criminal cases, or confer any right to punish by fine
or imprisonment without trial.
(5) The orders so made shall have effect as if enacted in
this Ordinance.
(6) The expiry or revocation of any orders so made shall
not be deemed to have affected the previous operation thereof,
or the validity of any action taken thereunder, or any penalty
or punishment incurred in respect of any contravention or failure
to comply therewith, or any proceeding or remedy in respect
of any such punishment or penalty.
4. No action shall be brought against any person for .any- Exercise of
thing done in good faith in the exercise of any powers conferred order in ood
by any order made under this Ordinance. faith not
actionable.
Employment of Children Prohibition. (CAP. 308
CHAPTER 308.
EMPLOYMENT OF CHILDREN PROHIBITION.
(29th December, 1939.)
1. This Act may be cited as the Employment of Children
Prohibition Act.
2. In this Act-
"child" means a person who in the opinion of the Court,
in a prosecution for an offence against this Act, is
under the age of twelve years;
"guardian" includes any person who is liable to maintain
or has the actual custody of the child.
3. No person shall take into his employment or employ
in any occupation whatsoever any child: Provided that a child
may be employed in domestic work or agricultural work of a
light nature at home by the parents or guardian of such child.
4. Any person contravening the provisions of this Act
shall on summary conviction be liable to a fine not exceeding
forty-eight dollars.
5/1939.
32/1956.
Short title.
Interpretation.
Prohibition of
employment of
a child.
Penalty.
2807
Employment of Women, Young Persons and Children.
CHAPTER 309.
EMPLOYMENT OF WOMEN, YOUNG PERSONS
AND CHILDREN. 5/1938.
S.R.O.22/1956.
(1st February, 1939.)
1. This Act may be cited as the Employment of Women, short title.
Young Persons and Children Act.
2. In this Act- Interpretation.
"child" means a person under the age of fourteen years;
"guardian" includes any person who is liable to maintain
or has the actual custody of a child or young person;
"industrial undertaking" includes-
(a) mines, quarries, and other works for the
extraction of minerals from the earth;
(b) industries in which articles are manu-
factured, altered, cleaned, repaired, ornamented,
finished, adapted for sale, broken up or de-
molished, or in which materials are transformed,
including shipbuilding, and the generation, trans-
formation and transmission of electricity or motive
power of any kind;
(c) construction, reconstruction, mainten-
ance, repair, alteration, or demolition of any
building, railway, tramway, harbour, dock, pier,
canal, inland waterway, road, tunnel, bridge,
viaduct, sewer, drain, well, telegraphic or tele-
phonic installation, electrical undertaking, gas-
work, waterwork, or other work of construction,
as well as the preparation for or laying the foun-
dations of any such work or structure;
and, in relation to the employment of young
persons and children, also includes-
(d) transport of passengers or goods by road
or rail, or inland waterway, including the
(CAP. 309 2809
Employment of Women, Young Persons and Children.
handling of goods at docks, quays, wharves, and
warehouses, but excluding transport by hand;
"night" signifies a period of at least eleven consecutive
hours including the interval between ten o'clock in
the evening and five o'clock in the morning;
"ship" means any seagoing ship or boat of any description
registered in the Colony;
"woman" includes all persons of the female sex without
distinction of age;
"young person" means a person who has ceased to be a
child and who is under the age of eighteen years.
3. The Administrator in Council may by order, define
the line of division which separates industry from commerce
and agriculture, and declare any class of undertaking to be an
industrial undertaking for the purposes of this Act.
4. (1) No child shall be employed or work in any public
or private industrial undertaking, or in any branch thereof,
other than an undertaking in which only members of the same
family are employed, and any person who employs any child
or permits him to work in contravention of this section shall
be guilty of an offence.
(2) The provisions of this section shall not apply to the
exercise of manual labour by any child under order of detention
in a reformatory or industrial school, or by any child receiving
instruction in manual labour in any school, provided that such
work is approved and supervised by public authority.
5. No child shall be employed or work on any ship other
than a ship upon which only members of the same family are
employed; and any person who employs any child or permits
him to work in contravention of the provisions of this section
shall be guilty of an offence.
6. Any parent or guardian of a child who, by wilful
default, or by habitually neglecting to exercise due care, has
conduced to the commission of the offence of taking a child
into employment in contravention of this Act shall be guilty
of an offence.
Determination
of industrial
undertaking.
Prohibition of
employment
of children.
Prohibition of
employment
of children on
ships.
Liability of
parent or
guardian.
2810 CAP. 309)
Employment of Women, Young Persons and Children.
7. (1) Except as hereinafter provided, no young person
shall be employed or work during the night in any public or
private industrial undertaking, or in any branch thereof, other
than an undertaking in which only members of the same family
are employed, and any person who employs any young person
or permits him to work in contravention of the provisions of
this section shall be guilty of an offence.
(2) Young persons over the age of sixteen years may be
employed or work during the night in the following industrial
undertakings on work which, by reason of the nature of the
process, is required to be carried on continuously day and night,
that is to say-
(a) manufacture of raw sugar;
(b) any other undertaking which may be declared to
come under the exception created by this subsection by
order of the Administrator in Council.
(3) The provisions of subsection (1) shall not apply to the
night work of young persons over the age of sixteen years in
cases of emergencies which could not have been controlled or
foreseen, which are not of a periodical character, and which
interfere with the normal working of the industrial undertaking.
8. (1) Every employer in an industrial undertaking shall
keep a register of all persons under the age of sixteen years em-
ployed by him, and every shipmaster shall keep a register, or a
list in the articles of agreement, of all such persons employed
on board his ship.
(2) Such register or list, as the case may be, shall contain
particulars of the names, addresses, and dates of birth of all
such persons, and of the dates on which they enter and leave
such employment, and shall on request at any reasonable time
be produced for inspection by any police officer..
(3) Any employer or shipmaster failing to comply with or
acting in contravention of the provisions of this section shall
be guilty of an offence, and shall be liable on summary con-
viction to a penalty not exceeding ninety-six dollars.
9. Where a child or young person is taken into employ-
ment in contravention of this Act on the production, by or with
the privity of the parent or guardian, of a false or forged certifi-
cate, or on the false representation of his parent or guardian
Restrictions
on employment
at night of
young persons
Registers to
be kept.
False certifi-
cate or repre-
sentation as to
age.
(CAP. 309 2811
2812 CAP. 309)
Employment of Women, Young Persons and Children.
that such child or young person is of an age at which such
employment is not in contravention of this Act, that parent or
guardian shall be guilty of an offence.
Restrictions 10. (1) Except as hereinafter provided, no woman shall
on employment
at night of be employed or work during the night in any public or private
women, industrial undertaking, or in any branch thereof, other than an
undertaking in which only members of the same family are
employed, and any person who employs any woman or permits
her to work in contravention of the provisions of this section
shall be guilty of an offence.
(2) The provisions of this section shall not apply-
(a) to women holding responsible positions of manage-
ment who are not ordinarily engaged in manual work;
(b) in cases of force majeure, when in any undertaking
there occurs an interruption of work which it was impossible
to foresee, and which is not of a recurring character;
(c) in cases where the work has to do with raw
materials or materials in course of treatment which are
subject to rapid deterioration, when such night work is
necessary to preserve such materials from certain loss.
Liability of 11. (1) Where the offence of taking a woman or young
agent or
workman, person or child, as the case may be, into employment in contra-
vention of this Act is committed by an agent or workman of the
employer, such agent or workman shall be liable to a penalty
as if he were the employer;
(2) Where an employer is charged with any offence under
this Act, he shall be entitled upon information duly laid by
him, to have any other person whom he charges as the actual
offender brought before the Court at the time appointed for
hearing the charge; and if, after the commission of the offence
has been proved, the Court is satisfied that the employer used
due diligence to comply with the provisions of this Act and
that the other person committed the offence in question without
the employer's knowledge, consent or connivance, the other
person shall be summarily convicted of the offence, and the
employer shall be exempt from any penalty.
Reduction of 12. In industrial undertakings which are influenced by
night period.
night period. he seasons of the year, and in all cases where exceptional cir-
cumstances demand it, the Administrator in Council may, by
Employment of Women, Young Persons and Children.
proclamation, declare that the prohibition of the night work
of women shall extend to a period of ten hours only instead of
eleven hours on sixty days of the year.
13. When in case of serious emergency the public interest
demands it, the Administrator in Council may, by proclamation,
suspend the prohibition of night work in relation to young
persons over the age of sixteen years as respects all industrial
undertakings for such period as he may deem necessary.
14. (1) Any police officer or other person authorized
in that behalf by any general or special order of the Super-
intendent of Police or of an Assistant Superintendent of
Police shall have power to enter any premises or place where-
in any industrial undertaking is carried on, or to board
any ship, for the purpose of ascertaining whether any woman,
young person, or child is employed in contravention of this Act,
and to inspect such premises, place or ship, and examine any
person therein touching the employment of any woman, young
person or child;
(2) Any person refusing admission to or obstructing a duly
authorized police officer or person in the execution of any duty
under this Act shall be guilty of an offence and shall be liable
on summary conviction to a penalty not exceeding ninety-six
dollars.
15. The Administrator in Council may make regulations
with respect to-
(a) the cleanliness, freedom from effluvia, overcrowd-
ing, ventilation and general sanitary conditions of any pre-
mises or place wherein women, young persons or children
are employed;
(b) the maximum hours of employment of women,
young persons or children and the times allowed for meals;
(c) generally for the better carrying out of the provi-
sions of this Act.
16. Any person guilty of an offence against this Act
or any regulations made thereunder for which no penalty is
expressly provided shall be liable on summary conviction to a
penalty not exceeding twenty-four dollars, and in the case of a
second or subsequent offence to a penalty not exceeding forty-
eight dollars.
Suspension of
prohibition of
night work.
Inspection of
premises.
Regulations.
Penalty.
(CAP. 309 2813
(CAP. 310 2815
CHAPTER 310.
EXPLOSIVES.
An Ordinance to provide for the safe storage of explosives.
(31st October, 1949.)
1. This Ordinance may be cited as the Explosives
Ordinance.
2. In this Ordinance-
"Collector of Customs" means the officer for the time being
performing the duties of Collector of Customs of the
Colony and includes any Customs officer authorized
by the Collector of Customs in that behalf;
"explosive" means gunpowder, nitro-glycerine, carbon bi-
sulphide, dynamite, gun-cotton, blasting powders, ful-
minate of mercury or of any other metals, coloured
fires, and every other substance, whether similar to
those above-mentioned or not, used or manufactured
with a view to producing a practical effect by explosion
or a pyrotechnic effect; also fog signals, fire-works,
fuses, rockets, percussion caps, detonators, cartridges,
ammunition of all descriptions, and every adaptation
or preparation of an explosive as above defined;
"Government explosives store" means any place provided
by the Administrator for the storage of explosives;
"prescribed" means prescribed by the Administrator in
Council by regulations made under the provisions of
this Ordinance;
"vessel" includes every kind of steam or sailing vessel, hulk,
lighter, flat, boat or any kind of craft used for the
conveyance of persons or things by water.
3. The Administrator in Council may by order published
in the Gazette prohibit absolutely or subject to conditions or
restrictions the manufacture, the keeping, the importation and
the sale of any explosive.
10/1949.
Short title.
Interpretation.
Importation
&c., of
explosives.
Explosives.
CAP. 310)
Explosives.
Mooring of
vessels having
explosives
on board.
2816
4. (1) Every vessel having on board as cargo any explo-
sive and entering or being in any port in the Colony shall
conform to all regulations made under this Ordinance in relation
to the mooring of, and the notice or warning to be given by,
such vessels.
(2) It shall be lawful for the Harbour Master or any person
acting under his orders to cause any vessel acting in contraven-
tion of any such regulations to be removed at the expense of
the owner or master thereof to such place as may be prescribed,
and the expenses incurred in such removal may be recovered
by the Harbour Master as a civil debt in a court of competent
jurisdiction.
5. (1) The Administrator shall provide a place herein-
after referred to as the Government explosives store for the
storage of explosives imported into the Colony.
(2) The owner of any explosives stored in a Government
explosives store shall pay. to the Collector of Customs such
charges as may from time to time be prescribed.
6. (1) The master, owner or agent of any vessel having
on board as cargo any explosives shall on the arrival of such
vessel in any port in the Colony and before landing such
explosives furnish the Harbour Master with the following
particulars-
(a) the nature of such explosives,
(b) the quantity of such explosives,
(c) the marks of such explosives, and
(d) the method of packing.
(2) If any explosives are landed in contravention of this
section the master, owner and agent of such vessel shall be guilty
of an offence against this Ordinance.
7. (1) All explosives imported into the Colony shall be
landed under the supervision of a Customs officer and be stored
immediately in a Government explosives store.
In this subsection the expression "explosives" means gun-
powder, nitro-glycerine, carbon bisulphide, dynamite, gun-
cotton, blasting powder and such other substances as the Admini-
strator in Council may by order prescribe.
Provision for
storage of
explosives.
Notice of
arrival of
vessel to be
given.
Landing of
explosives.
(CAP. 310 2817
(2) Any person contravening the provisions of this section
shall be guilty of an offence against this Ordinance.
8. (1) Save as expressly provided in subsection (2) all Storage of
explosives shall be stored in a Government explosives store explosives.
or in a building or place approved by the Collector of Customs.
(2) The provisions of subsection (1) shall not apply to the
storage of explosives-
(a) for private use where the quantity so stored does
not exceed five pounds;
(b) kept for sale where the quantity so stored does not
exceed twenty-five pounds and such explosives are kept
and stored in accordance with the terms of the licence
granted under the provisions of this Ordinance; or
(c) in any place approved by the Collector of Customs
which is not less than half a mile from any city, town,
village or settlement in the Colony.
(3) In this section the expression "explosives" means gun-
powder, nitro-glycerine, carbon bisulphide, dynamite, gun-
cotton, blasting powder and such other substances as the Admini-
strator in Council may by order prescribe.
(4) If any explosives are kept or stored in contravention
of the provisions of this section the owner of such explosives shall
be guilty of an offence against this Ordinance.
9. (1) The Collector of Customs may grant a licence Licence to
deal in or sell
to any person to deal in or sell explosives in accordance with or purchase
the prescribed regulations. explosives.
(2) The Collector of Customs may grant a licence to any
person to purchase explosives in accordance with the prescribed
regulations.
(3) Any person-
(a) dealing in or selling or purchasing explosives who
shall not be licensed in accordance with the provisions of
subsections (1) or (2) respectively, or
(b) being the holder of a licence granted under the
provisions of subsections (1) or (2) deals in or sells or
purchases explosives otherwise than in accordance with
the terms of such licence shall be guilty of an offence
against this Ordinance.
Explosives.
2818 CAP. 310)
Power of entry.
Search.
Power to make
regulations.
10. It shall be lawful for the Collector of Customs or
any police officer at all reasonable times and without notice to
enter any place in which explosives are kept or stored for sale
for the purpose of ascertaining whether the provisions of this
Ordinance and the regulations made thereunder are being com-
plied with.
11. (1) It shall be lawful for any Magistrate on reason-
able cause assigned upon oath to issue a warrant under his hand
for searching any place in which explosives are suspected to be
kept contrary to the provisions of this Ordinance or any regula-
tions made thereunder.
(2) A sample of any explosive or an ingredient of any
explosive, and any substance reasonably supposed to be an
ingredient of any explosive found in any such place, may be
taken by the person executing the search.
12. It shall be lawful for the Administrator in Council
to make and, when made, vary and revoke regulations for the
management, safety and control of Government explosives
stores and generally for carrying out the provisions of this Ordi-
nance, and to attach to any breach of any such regulation a
penalty not exceeding four hundred and eighty dollars:
Provided that until such regulations shall be made the
Schedules. regulations contained in the Schedules shall be in force.
Penalty. 13. Any person found guilty of an offence against this
Ordinance shall be liable on summary conviction to a fine not
exceeding four hundred and eighty dollars.
Forfeiture of 14. All explosives kept or stored 'in contravention of the
explosives. provisions of this Ordinance or of any regulations made there-
under shall be forfeited to the Crown.
Forfeiture of
licence.
15. If any person to whom a licence may be granted
under the provisions of this Ordinance or any regulations made
thereunder shall be convicted of any offence against this Ordin-
ance, such licence shall upon conviction become void.
Explosives.
Explosives. (CAP. 310 2819
FIRST SCHEDULE. S. 12.
REGULATIONS FOR THE USE AND MANAGEMENT OF GOVERNMENT
EXPLOSIVES STORES AND TO FIX CHARGES IN RESPECT OF EXPLOSIVES
STORED THEREIN.
1 Government explosives stores shall be under the control Control and
management.
and management of the Collector of Customs. management.
2. All explosives shall be stored under the supervision of Storage of
a Customs officer. explosives.
3. No damaged package shall be stored in a Government Damaged
explosives store. If any package in a Government explosives store
is found to be damaged the owner thereof shall be notified and
he shall deal immediately with such package in accordance with
the instructions of the Collector of Customs and if the owner fails
to comply with such instructions he shall be guilty of an offence.
4. (1) Any person desiring to take any explosive from a Deliveries.
Government explosives store shall give not less than two hours
notice to the Collector of Customs.
(2) All deliveries from a Government explosives store shall
be made under supervision of a Customs officer. Deliveries will
be made only at the following times :
Monday !
Tuesday between 8 a.m. and 12 noon
Wednesday and between 1 p.m. and 4 p.m.
Friday j
Thursday between 8 a.m. and
Saturday ) 12 noon.
Deliveries will not be made on Public Holidays.
5. The Collector of Customs may by appropriate notice Notice and
erected on or near a Government explosives store prohibit any
person not having bona fide business threat from approaching
such store within the limits set out in such notice. Any person not
having bona fide business at the Government explosives store and
approaching within a limit so prohibited shall be guilty of an
offence.
The Collector of Customs may erect such barrier or barriers
near thereto or around a Government explosives store as he shall
think fit.
2820 CAP. 310) Explosives.
Precautions 6. (1) No person shall smoke or have any naked flame in
against fire. or within a distance of sixty feet of any Government explosives
store.
(2) No person in a Government explosives store shall have on
or about his person any matches or implements for producing
flame or fire or any materials for smoking.
(3) Any person contravening sub-paragraphs (1) and (2) of
this regulation shall be guilty of an offence.
Charges. 7. The rent for any explosives stored in a Government
explosives store shall be as follows :
For every five cubic feet of space occupied by an explosive,
inclusive of the containers and packing thereof, the sum of sixteen
cents for each calendar month or any part thereof, and so on in
proportion for any greater or lesser space occupied: Provided
that no rent shall be charged for the first forty-eight hours.
Copy of 8. A copy of these regulations shall be displayed in a con-
regulations to
be displayed. spicuous place in every Government explosives store and in the
Treasury.
SECOND SCHEDULE. S. 12.
REGULATIONS FOR GRANTING LICENCES TO DEAL IN AND SELL
EXPLOSIVES.
Form of 1. (1) A licence to deal in and sell explosives may be granted
by the Collector of Customs at his discretion and shall be in the
following form :
Licence is hereby granted to ..................................
of ..................................... to deal in and sell explosives in
accordance with the provisions of the Explosives Ordinance, and
the regulations made thereunder, and in accordance with the
special terms endorsed hereon, in and from his premises known
as ........................................ and situated
SPECIAL TERMS.
Explosives. (CAP. 310 2821
This licence expires on the ............ day of ...................
19............
Collector of Customs.
D ate...................................
(2) A licence to purchase explosives may be granted by the
Collector of Customs at his discretion and shall be in the following
form and entry thereon shall be made, as indicated, by the vendor
of the explosive or his agent, at the time of sale of the explosive:
Licence is hereby granted to .........................................
of ...................................... to purchase (insert quantity
here) of (insert nature of explosive here) in accordance with the
provisions of the Explosives Ordinance, and the regulations made
thereunder.
To be filled in by vendor of explosive or his agent.
Date of Nature and Name of Signature of
purchase. quantity of vendor vendor or his
explosive, agent.
This licence expires on the .............. day of ................
19........
D ate...............................
Collector of Customs.
2. The fee for any licence granted under sub-paragraph Fee.
(1) of paragraph 1 of these regulations shall be twenty-four cents
per quarter or any part thereof, and the fee for a licence under
sub-paragraph (2) of paragraph 1 shall be twelve cents for each
licence and shall be paid in stamps to be affixed to the licence.
3. Any person aggrieved by the grant of or refusal of a Appeal.
licence under these regulations by the Collector of Customs may
appeal to the Administrator in Council and the decision of the
Administrator in Council thereon shall be final.
Exportation of Arms and Warlike Stores. (CAP. 311
CHAPTER 311.
EXPORTATION OF ARMS AND WARLIKE STORES.
(23rd March, 1901.)
1. This Act may be cited as the Exportation of Arms and
Warlike Stores Act.
2. The Administrator may by proclamation or by Order
in Council prohibit or restrict in any way he may specify in
such proclamation or Order in Council the exportation from
the Colony either generally or to any country or place or the
carrying coastwise of the following goods, that is to say, arms,
ammunition and gunpowder and military and naval stores and
any articles which the Administrator shall judge capable of
being converted into or made useful in increasing the quantity of
military or naval stores, provisions or any sort of victual which
may be used as food for man.
3. The Administrator may by like proclamation or Order
in Council prohibit the exportation from the Colony of all or
any of the following articles namely arms, ammunition, military
and naval stores and any article which the Administrator shall
judge capable of being converted into or made useful in in-
creasing the quantity of arms, ammunition or military or naval
stores to any country or place therein named whenever the
Administrator shall judge such prohibition to be expedient in
order to prevent such arms, ammunition, military or naval
stores being used against Her Majesty's subjects or forces or
against any forces engaged or which may be engaged in military
or naval operations in co-operation with Her Majesty's forces.
4. If any goods, the exportation or carrying coastwise
whereof, as the case may be, shall have been prohibited under the
authority of this Act, shall be exported or brought to any quay
wharf pier or other place to be shipped for exportation from
the Colony or carried coastwise, as the case may be, or be
3/1901
17/1922
S.R.O.22/1956
Short title.
Prohibition of
exportation
generally of
warlike stores.
Prohibition of
exportation of
warlike stores
in particular
cases.
Penalty.
2823
2824 CAP. 311) Exportation of Arms and Warlike Stores.
waterborne to be so exported or carried they shall be forfeited
and the exporter or his agent or the shipper of any such goods
shall be liable to a penalty not exceeding four hundred and
eighty dollars and such penalty may be recovered on complaint
in a summary manner before a District Magistrate in accord-
ance with the provisions of the Magistrate's Code of Procedure
Cap. 48.t.
Act.
Finance and Audit.
CHAPTER 312.
FINANCE AND AUDIT.
1. This Ordinance may be cited as
Audit Ordinance.
the Finance and
2. In this Ordinance-
"financial year" means the twelve months ending on the
thirty-first day of December in any year or on such
other date as may from time to time be prescribed
by any law enacted by the Legislature of the Colony;
"statutory expenditure" means expenditure charged on the
revenues or public funds of the Colony by any provision
of this Ordinance or of any other law for the time
being in force in the Colony.
3. (1) The Minister responsible for finance shall, before
the end of each financial year, cause to be prepared annual
estimates of revenue and expenditure for public services during
the succeeding financial year, which shall be laid before the
Legislative Council.
(2) The estimates of expenditure shall show separately the
sum required to meet statutory expenditure and the sums required
to meet other expenditure.
4. (1) The Minister responsible for finance shall, in respect
of each financial year, at the earliest convenient moment, intro-
duce in the Legislative Council an appropriation Bill containing,
under appropriate heads, for the several services required, the
estimated aggregate sums which are proposed to be expended
(otherwise than by way of statutory expenditure) during that
financial year.
Interpretation.
Estimates.
Authorization
and meeting of
expenditure.
(CAP. 312
2825
(1st January, 1960.)
29/1959.
Short title.
2826 CAP. 312)
(2) Whenever-
(a) any expenditure is incurred or is likely to be in-
curred in any financial year upon any service which is in
excess of the sum provided for that service by the appro-
priate law relating to that year;
(b) any expenditure (other than statutory expenditure)
is incurred or is likely to be incurred in any financial year
upon any service not provided by the appropriation law
relating to that year,
a supplementary appropriation Bill, which shall contain that
expenditure under appropriate heads, shall be introduced in the
Legislative Council.
(3) No moneys shall be withdrawn from the public funds
of the Colony except upon the authority of a warrant under the
hands of the Administrator or the Minister responsible for
finance.
(4) No such warrant shall be issued for the purpose of meet-
ing any expenditure other than statutory expenditure unless that
expenditure has been authorized by an appropriation law for
the financial year during which the withdrawal is to take place
or except in accordance with the provisions of any law enacted
by the Legislature of the Colony making moneys available in
advance of appropriation for the purpose of meeting unforeseen
expenditure or for the purpose of covering any period not ex-
ceeding four months between the end of a financial year and
the coming into force of the law authorizing the appropriation
for the next following year.
Public debt. 5. The public debt of the Colony, including the interest
thereon, sinking fund payments in respect of that debt and the
costs, charges and expenses incidental to the management of that
debt, is hereby charged on the revenues of the Colony.
Audit of 6. (1) The accounts of all departments of the Government
accounts and
Principal of the Colony, the Public Service Commission, the subordinate
Auditor. courts of the Colony and all other offices and authorities of the
Colony shall be audited annually by the senior audit officer (by
whatever name called) of the Colony, who with his deputies, shall
at all times be entitled to have access to all books, records and
returns relating to those accounts, and the senior audit officer
shall make annual reports to the Administrator concerning the
audit of those accounts which the Administrator shall cause to
be laid before the Legislative Council.
Finance and Audit.
Finance and Audit. (CAP. 312 2827
(2) In the exercise of his functions under this section the
senior audit officer shall not be subject to the direction or control
of any other person or authority except the Director-General of
the Overseas Audit Service.
(3) There shall be charged on the revenues of the Colony
and paid thereout to the senior audit officer such salary as may
from time to time be prescribed by any law enacted by the
Legislature of the Colony.
Provided that the salary of the senior audit officer shall not
be reduced during his continuance in office.
(CAP. 313 2829
CHAPTER 313.
FIREARMS.
14/1952
7/1955
(1st January, 1953.)
1. This Ordinance may be cited as the Firearms Ordin- Short title.
ance.
2. In this Ordinance- Interpretation.
"Collector of Customs" means the Collector of Customs of
the Colony and includes any government officer
authorised in writing in that behalf by the Collector
of Customs of the Colony;
"deals in" includes disposal by sale, barter, exchange, or
gift or in any other manner, with or without valuable
consideration;
"dollars" means dollars in the currency of the Colony;
"firearm" means any lethal barrelled weapon of any des-
cription from which any shot, bullet or other missiles
can be discharged and includes-
(a) any weapon which is so designed or adapted
that, if pressure is applied to the trigger, missiles con-
tinue to be discharged until pressure is removed from
the trigger or the magazine containing the missiles is
empty; and
(b) any weapon of whatever description designed
or adapted for the discharge of any noxious liquid,
gas or thing,
and any component part of any such weapon, and any
accessory to any such weapon designed or adapted to dimi-
nish the noise or flash caused by firing the weapon;
but does not include-
(a) any toy-pistol or toy-gun from which any shot,
bullet or missile is discharged by the force of a spring
alone; and
Firearms.
2830 CAP. 313) Firearms.
(b) any firearm which is preserved for antiquarian
interest and not for use;
"firearms dealer" means any person who by way of trade
or business deals in, makes, repairs, tests or proves
firearms;
"licence to keep firearms", "estates firearms licence" and
"licence to deal in firearms" mean respectively the
licences in that behalf issued in pursuance of this
Ordinance;
7/1955. "Superintendent of Police" means the Gazetted Police
Officer in charge of the Police Division established in
the Colony and includes any police officer, or govern-
ment officer authorized in writing by the Superinten-
dent of Police to act on his behalf in relation to the
licensing of firearms.
Importation 3. No firearm imported into the Colony shall be delivered
offirearms by the Collector of Customs to any person (other than a fire-
arms dealer importing the same for the purposes of trade)
unless such person shall have first obtained a licence to keep
firearms.
Power to 4. The Administrator in Council may at any time by
prohibit or
restrict the proclamation prohibit the importation of all or any firearms,
importation either absolutely or except under such rules and conditions as
of firearms. may be specified in the proclamation, and may at any time in
like manner annul and vary any proclamation made under this
section; and if any firearms shall be imported contrary to any
such proclamation, the firearms so imported shall be forfeited,
without such forfeiture affecting any liabilities incurred by the
offender under the revenue laws or otherwise:
Provided that the Administrator may, notwithstanding any
such proclamation, by licence either authorize any person to
import any firearms or dispense with any of the rules or condi-
tions under which the same may be imported. The licence shall
be in such form as the Administrator may prescribe and shall
be granted subject to any conditions and limitations that he may
consider expedient and may be suspended or revoked by him,
whenever he thinks fit.
(CAP. 313
LICENCES.
5. It shall not be lawful for any person to deal in firearms
or to carry on the trade of a firearms dealer without having in
force a licence to deal in firearms duly granted to him under
the provisions of this Ordinance:
Provided that it shall be lawful for any person to export
any firearms imported into the Colony and kept in bond without
being a licensed firearms dealer.
6. All applications for licences to deal in firearms shall
be made to the Collector of Customs by whom such licences
may be granted upon the applicant paying the fee specified there-
for in the Second Schedule.
7. Every person who deals in firearms or trades as a fire-
arms dealer either without having a licence so to do, or upon
any premises other than those specified in his licence, shall be
guilty of an offence against this Ordinance and on summary
conviction shall be liable to a penalty not exceeding one hundred
dollars.
8. (1) Every firearms dealer shall cause to be painted
in legible letters at least two inches in length upon a board
placed over the principal entrance door of the licensed premises,
his name in white upon a black background together with the
words "Licensed to deal in Firearms", and every such person
shall keep such name and words so painted visible and legible
during all the time he continues to be so licensed.
(2) Any firearms dealer who contravenes any provision of
this section shall be guilty of an offence against this Ordinance
and be liable on summary conviction to a penalty not exceeding
fifty dollars.
9. (1) Every firearms dealer shall keep on his licensed
premises a book according to the Form B in the First Schedule,
to be called the "Firearms Receipt Book", and shall immediately
after receipt of any firearms at his licensed premises make or
cause to be made entry therein of the date of such receipt, the
number and full description of each kind of firearm received
and the name and address of the person or persons from whom
received, and, where he himself has imported the firearm, the
name of the ship in which and the address of the person from
whom such firearm was imported.
All firearms
dealers to be
licensed.
Form A.
Application
for licence to
deal in
firearms.
Second
Schedule.
Penalty for
trading as fire-
arms dealer
without a
licence.
Signboard.
Penalty.
Books to be
kept by fire-
arms dealer.
Form B.
First Schedule.
2831
Firearms.
2832 CAP. 313)
Firearms
Delivery
Book.
Form C.
First Schedule.
Firearms
dealer's books
liable to
inspection.
Penalty.
Delivery of
surplus stock
to police.
Penalty.
All firearms to
be licensed.
(2) Every firearms dealer shall keep on his licensed premises
a book, according to the Form C in the First Schedule, to be
called the "Firearms Delivery Book", and shall immediately
after delivery of firearms from his licensed premises make or
cause to be made entry of the date of such delivery, the name
and address of the person to whom delivered, the nature and
number of the licence produced by him with the name of the
office from which it was issued, or the circumstances exempting
such person from producing such licence, the description of every
firearm delivered and whether on sale, hire or otherwise.
(3) Such books shall be open at all times to inspection by
the Collector of Customs or any police officer and shall be pro-
duced for inspection on request of the Collector of Customs or
any police officer who may take copies of all entries contained
in such books and who shall have power to verify the same by
examination of the premises.
(4) The Administrator may require a firearms dealer to
keep such books in duplicate and to deliver one of the duplicates
to the Collector of Customs at such times as the Collector of
Customs may think fit.
(5) Any person who contravenes any of the provisions of
this section, or who in the sale, purchase, hire or delivery of any
firearm knowingly makes or causes to be made any false entry
or statement as to any matter which he is required by this section
to make, or who prevents or obstructs the inspection of any such
books as is authorized by this section, shall be guilty of an offence
against this Ordinance and be liable on summary conviction
to a penalty not exceeding twenty-five dollars.
10. (1) It shall be lawful for the Superintendent of Police
from time to time to require in writing any person licensed to
deal in firearms to deliver up to him for safe keeping any fire-
arms which he may consider to be in excess of the quantity
reasonably required to be kept in stock by such dealer for the
purposes of his business.
(2) Any person who fails to comply with the requirements
of or who contravenes subsection (1), shall be guilty of an
offence against this Ordinance and on summary conviction be
liable to a penalty not exceeding fifty dollars.
11. Subject to the provisions of section 19 and of sub-
section (3) of section 25, it shall be unlawful for any person (other
Firearms.
Firearms.
(CAP. 313 2833
than a firearms dealer in the course of his trade) to keep any
firearm which shall not be licensed in accordance with the pro-
visions of this Ordinance, and if there shall be found in the
Colony any firearm which has not been licensed, the firearm
shall be liable to be forfeited and the owner or person found in
possession of the same shall be guilty of an offence against this
Ordinance, and on summary conviction be liable to a penalty
not exceeding two hundred and forty dollars.
12. The occupier of any house or premises in which any
firearm shall be found shall, for the purpose of this Ordinance, be
deemed to be the owner or keeper of such firearm until the
contrary is proved.
13. (1) Every person shall, upon applying to the Super-
intendent of Police for a licence to keep firearms, make and sign
a declaration in the Form D in the First Schedule, giving therein
a full and correct description of each such firearm to be kept by
him and the names or figures or other marks thereon by which
such firearm may be readily identified; and the Superintendent
of Police may at any time, in his discretion, require any such
firearm to be produced for his inspection.
(2) Every declaration so made shall be filed and registered
in the Divisional Police Headquarters in the Colony.
14. (1) Whether or not any firearm is already marked
with such names or figures or in such a manner that the same
may be readily identified, the Superintendent of Police may
require the owner to produce the firearm and thereupon cause
the same to be marked, either on the stock or barrel or other
part, with some permanent mark whereby the same may after-
wards be known and identified, but in such a manner as not to
injure or disfigure the same; and such firearm, when duly marked
and described as aforesaid shall be delivered to the owner.
(2) No charge shall be made by the Superintendent of Police
for the marking in manner aforesaid of any firearm which is now
in the Colony, but in respect of such marking of any firearm
imported into the Colony or acquired after the passing of this
Ordinance, a fee of twenty-four cents shall be paid by any
person becoming the owner of the firearm.
Presumption
as to owner-
ship of firearms
found on
premises.
Owner to
describe all
firearms on his
declaration
before obtaining
licence.
Form D.
First Schedule.
Register of
firearms.
Power of
Superintendent
of Police to
mark firearm
for purposes
of subsequent
identification.
Fee for marking
firearm im-
ported into
the Colony
after date of
Ordinance.
2834 CAP. 313)
Penalty for
not producing
firearm required
to be marked.
Penalty for
altering, etc.,
the identifying
mark of a
firearm.
Sale or disposal
of firearm to
be notified to
Superintendent
of Police.
Penalty.
Classes of
licences.
Form A.
(3) If any person, required by the Superintendent of Police
to produce a firearm for the purpose of having the same marked
in manner aforesaid, shall not, within a reasonable time thereafter
to be stated in a written notice to him, produce and deliver the
firearm to the Superintendent of Police, he shall be guilty of an
offence against this Ordinance and upon summary conviction
be liable to a penalty not exceeding twenty-five dollars.
15. Any person who wilfully obliterates or defaces, or
alters, counterfeits or forges the identifying mark on any fire-
arm licensed under the provisions of this Ordinance shall be
guilty of an offence against this Ordinance and on summary
conviction be liable to a penalty not exceeding fifty dollars.
16. (1) Any person, other than a firearms dealer, who
sells or otherwise disposes of any firearm to any other person in
the Colony shall, within fourteen days of such sale or disposition,
notify the Superintendent of Police thereof in writing, stating
the name and address of the person acquiring such firearm and
the description of the same.
(2) Every person contravening the provisions of this section
shall be guilty of an offence against this Ordinance, and on
summary conviction be liable to a penalty not exceeding fifty
dollars.
17. (1) The following licences shall be issued by the
Collector of Customs or the Superintendent of Police, as the
case may be, under this Ordinance-
(a) "Licence to deal in firearms" which may be issued
by the Collector of Customs and shall entitle the holder to
deal in firearms and to trade generally as a firearm dealer;
(b) "Licence to keep firearms" which may be issued
by the Superintendent of Police and shall entitle the holder
to keep the firearms described in such licence;
(c) "Estates firearms licence" which may be issued by
the Superintendent of Police and shall be issued only to
persons holding licences to keep firearms and shall entitle
the holder to authorize any of his watchmen or servants
named in such estates firearms licence to carry any of his
licensed firearms to, from, and on lands belonging to him
and also to use such firearms on the said lands.
Firearms.
(CAP. 313 2835
Any holder of this class of licence may at any time apply
to the Superintendent of Police for his sanction to have such
licence amended by striking out the name and description of
any watchman or servant included in such licence, and substi-
tuting therefore the name and description of any other person in
his employ and such sanction and amendment shall be endorsed
on such licence.
Forms A, E, F.
(2) Such licences shall be in the appropriate form specified First Schedule.
in the First Schedule.
(3) The fees payable for the several licences shall be those Second
respectively specified in the Second Schedule.
18. (1) No licence to keep firearms shall be granted to any Certificate of
fitness to keep
person unless he has attained the age of eighteen years and satis- or use firearms.
fled the Superintendent of Police that he is a fit and proper per-
son to be granted a licence to keep firearms.
(2) No watchman or servant shall be named in an estates
firearms licence unless the person applying for such licence has
satisfied the Superintendent of Police that he is a fit and proper
person to carry and use a firearm.
(3) Where the Superintendent of Police is satisfied that an
applicant is a fit and proper person to carry and use a firearm
he shall give to such applicant a certificate to that effect and shall
make an entry of his having done so in a register of persons
licensed to carry and use firearms to be kept in the Divisional
Police Headquarters in the Colony.
(4) A certificate granted under this section shall state the
number of cartridges or the quantity of ammunition to be used
with the firearm to be licensed and such certificate shall remain
in force until cancelled by the Superintendent of Police for good
cause.
(5) An entry shall be made by the Superintendent of Police
of the cancellation of such certificate in the register of persons
licensed to carry and use firearms and notice in writing of such
cancellation shall be given to the holder of the licence.
(6) An appeal shall lie from any decision of the Superin-
tendent of Police refusing to grant or cancelling a certificate, to
the Administrator in Council whose decision thereon shall be
final and conclusive.
Firearms.
2836
CAP. 313)
Form G.
First Schedule.
Licence to
expire yearly
and to be
renewed within
14 days after
such expiry.
Duplicate of
licence may be
granted by
Superintendent
of Police, if
original lost.
Persons of
unsound mind.
Young people
not to be
licensed.
Firearms.
(7) Every certificate delivered under this section shall be
in the Form G in the First Schedule adapted to suit the particular
purpose.
19. Every licence granted under this Ordinance shall
expire on the 31st day of May in each year; and every person
who shall be liable to take out any such licence shall do so within
the first fourteen days of the month of June in each year:
Provided that if any person becomes liable to take out a
licence after the aforesaid time in any current year he shall take
out a licence for the residue of such year within fourteen days
next after the day upon which he shall first become liable to do
so, and he shall pay the full fee in respect of such year as specified
under this Ordinance.
20. It shall be lawful for the Collector of Customs in
respect of a licence issued under paragraph (a) of subsection (1)
of section 17, and the Superintendent of Police in respect of a
licence issued under any of the paragraphs (b) to (c) of the said
subsection, as the case may be, on satisfactory proof that any
licence issued under this Ordinance has been mislaid or destroyed,
to issue a duplicate of such licence, which duplicate shall operate
in all respects as the original licence; and the holder thereof shall
be subject to all the provisions of this Ordinance as if such
duplicate licence had been the original licence.
21. (1) No licence under this Ordinance shall be issued
to or on behalf of a person of unsound mind and any licence so
issued shall be null and void.
(2) It shall not be lawful for any person holding an estates
firearms licence to authorize any person who is either under the
age of eighteen years or of unsound mind to keep, carry or use
any firearm, whether or not the name of any such young or
insane person is included in the licence.
Licence not 22. No licence under this Ordinance shall be transferable
transferable. to any person other than to an executor or administrator, or the
assignee in bankruptcy of the person holding such a licence.
Provided that-
(a) during the absence from the Colony of any person
holding an estates firearms licence or a licence to deal in
(CAP. 313 2837
firearms, the attorney or agent of such person may with
the sanction of the Superintendent of Police act and exercise
all legal powers and authority thereunder; and
(b) such transferee complies otherwise with the require-
ments of this Ordinance.
23. All moneys received under this Ordinance, whether
in respect of fees on licences, or for penalties, fines, forfeitures
or the net proceeds of anything seized and sold under this Ordin-
ance, shall (where not otherwise directed by this Ordinance) be
paid into the Treasury for the public use of the Colony.
24. The Administrator in Council may from time to time
by order alter the fees for licences specified in the Second
Schedule by increasing, decreasing or annulling the same either
conditionally or otherwise:
Provided that before any such order comes into effect it
shall be approved by the Legislative Council.
OTHER OFFENCES.
25. (1) Any person liable to take out a licence under this
Ordinance who neglects to do so in the manner prescribed in
this Ordinance shall be guilty of an offence against this Ordin-
ance and be liable on summary conviction to a penalty not ex-
ceeding fifty dollars, and where at the time of conviction he has
not yet paid the appropriate licence fee, the court may, subject
to the certificate of fitness as is required under section 18 being
produced, order the payment thereof in addition to such penalty
and upon payment of such licence fee the Magistrate shall notify
the Collector of Customs thereof so soon as practicable there-
after.
(2) In every such case of failure to obtain a licence, if the
Magistrate is of the opinion that the certificate as is required
under section 18 should not be issued to the convicted person,
he shall so declare and any firearm seized in pursuance of this
Ordinance shall be declared forfeited:
Provided that the said penalty and forfeiture shall not be
incurred by-
(a) any person in the naval, military or air service of
Her Majesty or in the defence force or in the police force
or in the prison or revenue services of the Colony keeping,
Appropriation
of fees and
other moneys
Schedule of
fees may be
altered by
Administrator
in Council.
Penalty for
neglecting to
take out
licence.
Public
Services.
Firearms.
2838
CAP. 313)
Rifle Clubs.
Watchmen,
etc., authorized
under an
estates firearms
licence.
Licensed
firearms
dealers.
Person carrying
a firearm for
the licensed
owner.
Condition as
to first 14 days
of a year.
Licence to be
produced when
required.
Firearms.
carrying or using any firearm in the performance of his
duties or when engaged in target practice;
(b) any government officer who with the approval of
the Administrator has in his possession any firearm for his
personal protection;
(c) any member of a recognized rifle club keeping,
carrying or using a firearm for the purposes of the club or
while engaged in target practices: Provided that a rifle club
shall be deemed to be recognized hereunder only after the
Administrator in Council has ordered that the members of
such rifle club shall be exempt from licence for keeping,
carrying or using firearms for the purposes of the club, and
provided also that the Administrator in Council may at any
time revoke such order of exemption;
(d) any watchman or servant keeping, carrying or
using any firearm under the authority of his employer who
holds an estates firearms licence, if such watchman or ser-
vant shall upon the request of any revenue or police officer
give his true name and address and also the true name
and address of his employer who is alleged to hold the estates
firearms licence;
(e) any licensed firearms dealer or his servant, carrying
a firearm in the ordinary course of the trade of a firearms
dealer; and
(f) any person not being insane or under the age of
eighteen years carrying a firearm belonging to a person
having in force a licence to keep firearms and by order or
request and for the use of such licensed person only:
Provided that the person carrying the firearm shall upon
the request of any revenue or police officer or occupier of any
land upon which the firearm is being carried give his true name
and address, and also the true name and address of his employer
or of such licensed person.
(3) No person shall be guilty of an offence under this sec-
tion who between the first and fourteenth days of the month of
June in any year keeps, carries or uses a firearm if he proves
that he was duly licensed or entitled to keep, carry or use such
firearm at the immediate close of the year last preceding that
month.
26. If any person who has taken out a licence under this
Ordinance fails to produce and deliver such licence to be exami-
Firearms.
(CAP. 313
ned by the Superintendent of Police within a reasonable time
after such officer shall have requested production of the same,
he shall be guilty of an offence against this Ordinance, and on
summary conviction be liable to a penalty not exceeding fifty
dollars.
27. (1) It shall not be lawful to sell or to hire to any
person any firearm unless at the time of sale or hire such person
produces a licence to keep firearms or to deal in firearms.
(2) Any person who contravenes the provisions of this sec-
tion shall be guilty of an offence against this Ordinance and on
summary conviction be liable to a penalty not exceeding one
hundred dollars.
28. Any person who knowingly sells or delivers a firearm
to any person who is intoxicated or who is not of sound mind
or who is a convicted person disqualified for holding a licence
under section 33 shall be guilty of an offence against this Ordin-
ance and on summary conviction be liable to a penalty not
exceeding two hundred and forty dollars, or to be imprisoned
with or without hard labour for a period not exceeding three
months.
29. Every person who in any wise hinders, molests or
obstructs any police officer in the exercise of the powers or duties
conferred or imposed on him by this Ordinance shall be guilty
of an offence against this Ordinance and upon summary convic-
tion be liable to a penalty not exceeding fifty dollars.
2839
Sale or hire of
firearms to
unlicensed
person
forbidden.
Penalty.
Intoxicated,
insane or con-
victed persons
-penalty for
selling or
delivering fire-
arms, etc., to.
Obstruction
of police
officer.
PROCEDURE, POWERS, ETC.
30. Any police officer may-
(a) enter upon any lands for the purpose of calling
upon any person possessing, carrying or using a firearm to
produce his licence forthwith;
(b) arrest without a warrant any person possessing,
carrying or using a firearm without a licence as is required
by this Ordinance or without satisfactorily accounting for
his failure to produce such licence; and
Power to enter
and demand
production of
licence, and
to arrest with-
out warrant.
280CP 13 iers
Power to search
for concealed
firearms.
Loss or
destruction
of firearms.
Persons con-
victed of certain
offences not to
be granted
licence.
(c) detain such firearm in his custody until such time
as he can produce such firearm with the person arrested
before a court competent to try the offence for which such
person has been arrested.
31. If a Magistrate is satisfied by information on oath
that there is reasonable ground for suspecting that any firearm is
concealed or placed or is being used or dealt with on any vessel,
ship, boat, conveyance, premises or place in contravention of any
of the provisions of this Ordinance, he may grant a search war-
rant authorizing any police officer or revenue officer named
therein-
(a) to enter at any time if necessary by force, and to
search any vessel, ship, boat, conveyance, premises, or place
named in the warrant and every person found therein; and
(b) to seize and detain any firearm or ammunition
which he may find and which he has reasonable cause to
suspect is concealed or placed or is being used in contra-
vention of any of the provisions of this Ordinance; and
(c) if the premises are those of a firearms dealer to
examine any books relating to the business.
32. If a firearm in the possession of any person is lost or
destroyed such person shall forthwith notify in writing the police
officer in charge of the nearest police station of such loss or
destruction and any person who fails to do so or who gives any
false information in respect of any loss or destruction of such
firearm shall be guilty of an offence and shall be liable on sum-
mary conviction to imprisonment not exceeding three months or
to a fine not exceeding fifty dollars.
33. If the holder of a licence under the provisions of this
Ordinance is convicted of using firearms for the purpose of signal-
ling smuggling vessels, or of unlawfully offering or doing violence
to any person by means of firearms, the Superintendent of Police
shall be empowered, with the approval of the Administrator,
to revoke the licence of, and in addition to refuse to issue a licence
to, any person so convicted, and the certificate of a Magistrate
or of the Registrar of the Supreme Court shall be sufficient proof
of such conviction.
2840
Firearms.
CAP. 313)
(CAP. 313 2841
34. Any court of law may make such order as to it may
seem fit as to the forfeiture or disposal of any firearm found in
the possession of-
(a) an intoxicated person, or
(b) a person of unsound mind, or
(c) a person convicted of any crime of violence, or
who is otherwise precluded from holding a licence in respect
of any firearm in his possession.
35. All offenders against this Ordinance may be prose-
cuted in accordance with the Magistrate's Code of Procedure
Act, and all penalties and fees ordered to be paid shall be re-
covered in pursuance of the said Act, and proceedings thereunder
may be commenced within two years of the commission of any
offence.
36. Whenever in any prosecution under this Ordinance
the defendant claims to have been licensed or claims any qualifi-
cation or exemption from liability, the burden of proving such
licence, qualification or exemption shall lie on him.
37. (1) Any person-
(a) to whom the Superintendent of Police has refused
a certificate of fitness or whose certificate of fitness has been
cancelled under the provisions of section 18; or
(b) whose licence to deal in or to keep firearms has
been revoked,
may within ten days from the date of the refusal or cancellation
of the certificate of fitness, or, in the case of an appeal under
section 18, within ten days from the date of the decision of the
Administrator in Council upon such refusal or cancellation, or
upon the revocation of the licence to deal in or to keep firearms,
as the case may be, deliver such firearm to the Superintendent of
Police who shall thereupon pay to such person the value thereof
at a ratt to be assessed by the Collector of Customs, and if such
person fails to deliver such firearm as aforesaid such firearm shall
be forfeited:
Provided that any person dissatisfied with the rate so assessed
by the Collector of Customs may appeal, within ten days of his
being notified of such assessment, to the Administrator in Council
whose decision thereon shall be final and conclusive.
Court's powers
as to forfeiture,
etc., of firearms.
Procedure for
recovery of
penalties.
Cap. 48.
Burden of
proof.
Payment of
value of fire-
arm in certain
cases.
Firearms.
CAP. 313)
Firearms.
(2) The value of any firearm assessed under the provisions
of subsection (1) shall be defrayed out of the general revenue
of the Colony.
Rewards to
informers, etc.
Administrator
in Council
may prohibit
the carrying
of firearms.
Penalty.
Administrator
in Council
may forbid
the sale of
firearms.
Penalty
2842
38. If in any proceedings under this Ordinance any per-
son gives evidence therein whereby any other person is ordered
to pay a fine or penalty or whereby any forfeiture is ordered
under this Ordinance, the Administrator in Council may, if he
sees fit, direct payment to the person giving such evidence of
any sum commensurate with the circumstances of the case.
39. (1) It shall be lawful for the Administrator in Coun-
cil, from time to time, to prohibit by proclamation the carrying
of firearms in any district or part of the Colony, and any such
proclamation to cancel or alter as he shall think fit.
(2) Any person who carries firearms in contravention of
the provisions of such proclamation shall be guilty of an offence
against this Ordinance and on summary conviction thereof be
liable to a penalty not exceeding two hundred and forty dollars,
in addition to the forfeiture of such firearms.
40. (1) It shall be lawful for the Administrator in Coun-
cil, from time to time, by proclamation to prohibit the sale of
firearms within the Colony for such time as may be specified in
such proclamation.
(2) Any person who sells firearms in contravention of any
such proclamation shall be guilty of an offence against this
Ordinance and on summary conviction be liable to a penalty
not exceeding two hundred and forty dollars, in addition to the
forfeiture of such firearms.
41. (1) It shall be lawful for the Administrator in Coun-
cil, from time to time, by proclamation to order that within any
district specified in such proclamation all firearms shall be
delivered up on demand to such person or persons as the Admini-
strator may appoint.
(2) Any person who refuses or neglects to comply with the
orders of any such proclamation shall be guilty of an offence
against this Ordinance and on summary conviction be liable to
a penalty not exceeding two hundred and forty dollars, in addi-
tion to the forfeiture of the firearms in respect of which the
offence was committed.
Administrator
in Council
may order all
firearms to be
collected.
Penalty.
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