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HARVARD LAW LIBRARY

Received

/VUG 20 1907

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LAWkS of BARBADOS

FOR

SESSZOIST 1889-'90.

mmm

-f\

BARBADOS t
T. E. King & Co., Printeks to the Legislatitbe.

1890,

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¥>

'¥

AUG 20 1907

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A TABLE OF ACTS

PASSED IN SESSION OP 1889.'90.

Paok.

1. An Act to ccmtinue yarious expiring Laws.

(Slst December, 1889.) 1

2. An Act to amend *<The Registration

(Births) Act, 1889." (Uth January
1890.) 4

3. An Act to grant a sum of money out of

the public treasury and to appropriate
the same for tho service of the year
ending the thirty first day of Decem-
^ ber x»ne thousand eight hundred and
ninety. (14th January 1890.) 4

4. An Act to make permanent the provisions

of section two of the Act entitled, ** An
Act to encourage the cultivation and
preservation . of trees in this Island" —
passed on the 5th day of February
1875." (15th January 1890.) 16

5. An Act to amend the law relating to the

Professorship of Chemistry and Agricul-
tural Science, and to the Government
Laboratory, (20th January, 1890.) 16

6. An Act to provide for the refund of cer-

tain contributions to the Superannu-
ation Fund, (30th January 1890.) 18

7. An Act to provide for the appointment of

an Assistant Harbour Master. (30th
January 1890.) 20

8. An Act: to authorize Thomas Peterkin to

drive piles and erect a bathing house
in the sea opposite his place/ called
Super Mare, in the Parish of 'Christ

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IV.

Page,

Charch. (8th March 1890.) 21

9. An Act to amend the law relating to per-
jury. 8th March 1890.) 22

10. An Act to amend An Act entitled, " An

Act to remove doubts as to the juris-
diction of the Court of Chancery of
this Island, and to make special provis-
ion with respect to lunatics and insane
persons in certain cases'' — passed on
the 30th dav of December 1871. (8th
March 1890.) 24

11. An Act to provide for the reporting and

publishing of the debates of the Legis-
lative Council and the House of As-
sembly. (8th March 1890.).... 25

12. An Act to consolidate the Acts relating to

the keeping of places of public enter-
tainment. (10th March 1890.) 26

13. An Act to consolidate the Acts relating to

Bank Holidays. (10th March 1890.) 31

14. An Act to consolidate the Acts i elating to

Co-operative Factories. (11th March
1890,) 37

15. An Act to consolidate the Acts relating to

signal stations. (Uth March 1890.) 44

16. An Act to consolidate the Acts relating to

the settlement of the poor and preven-
tion of bastardy. (Uth March 1890.) 47

17. An Act to consolidate the Acts relating to

the sale of goods distrained or taken
under executions issuing from the in-
ferior courts. (11th March 1890.)... 69

18. An Act to consolidate and amend the Acts

relating to the General Agricultural
Society and Reid School of Practical
Chemistry (Uth March 1890.) 70

19. An Act to consolidate the Acts relating to

bills of exchange, and cheques. (Uth
March 1890.) 74

20. An Act to extend the time within which

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Page,

the vestry of the parish of Saint Mi-
chael may lay rates for the current
parochial year, and to authorise the
vestry to raise a loan to enable them to
carry on the affairs of the parish until
such rates shall be collected. (17th
April 1890.) 79

21. An Act to amend the law relating to the

giving of alarms of fire. (18th April
1890.) 85

22. An Act to amend the Act of the thirty

first day of January one thousand eight
hundred and fifty seven, entitled, ** An
Act to provide for the establishment
and maintenance of a Court of Appeal.
(18th April 1890.) 86

23. An Act to amend An Act of the twenty

fifth day of February one thousand
eight hundred and forty seven entitled
** An Act to authorize the appointment
"of Commissioners for taking the ac-
" knowledgment and the Probates of
** Deeds and the Private examination
**of Married Women." (26th April
1890.) : 88

24. An Act to facilitate the taking of evidence

in actions or suits in which any person
residing in the United Kingdom is a
paity. (26th April 1890.) 89

25. An Act to amend "The Justices of the

Peace Procedure Act, 1860." -(26th
April, 1890.) 91

26. An Act to provide for the payment of the

expenses arising in cases where natives
of the Colony are tried by British
Courts in foreign Countries. (26th
' April, 1890.) 92

27. An Act to consolidate and amend the Acts

relating to the West India and Panama
Telegraph Company, Limited. (26th

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VI.

Page

April, 1890.) 93

28. An Just to enable the Gkyvernor^in-Execa-

tiveOommittee toparchue certain por-
tions of the land adjoining Bay Street
on both sides thereof. (26th April
1890.) 105

29. An Act to amend " The Trade Act, 1889,"

(5th June, lfi90.) V»

30. An Act to consolidate the Acts relating to

the salary of the Govemco^ of Barba-
dos, and his Private Secretary, the f ur^
nishing of Government House, the
Governor's entertainment allowmce,
the upkeep of grounds and the supply
of water to Government House. (6th
June 1890.) 110

31. An Act to consolidate and amend the Acts

relating to pews and sittings in churches
and chapels in this Island. (7th June,
1890.) 116

32. Au Act to consdidate the Acts relating to

the office of the Colonial Secretary.
(7th June, 1890.) 125

33. An Act to consolidate the Acts relating to

medical registration in this Island.
(7th June, 1890.) 185

34. An Act to consolidate the Acts relating to

the land police ; harbour police; and
writofficers. (14th June, 1890.) U5

35. An Act to amend the Act of the 24th day
of March, 1874. entitled. An Act to con-
solidate and amend the Acts relating to
the Fire Brigade in the City of Bridge-
town and its vicinity (14th June 1890.) 194

36. An Act to amend '' The Saint MichaePs

Parish Eating and Loan Act, 1890 "
(14th June, 1890.) 196

37. An Act to grant an additional sum of

money out of the public treasury and
to appropriate the same for theBerrice

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TO.

Pagx,
oi the year imded the thirtr firit daj
redember one iiKmBand «ight hnndrea
anddghty nine^ (6th July, 1890.)... 197

38: An Act to provide a fu^ for reboilding
or re^ainngany of the public buildings
which may be injured or destroyed
(7th July^l89a) 201

39. An Act to consolidate the Act velatifig to
the sak of spirituous liquors^ l^ retail.
(8th July, 1890.) 202

40.< AnActto consolidate the Acts relatmf^
to the takings and : carrying away simd
from oertain parts of the beach {8th
July, 1890.) 223

41: An Act to consolidate and amend the Acts ^
relating; to poor apprentices (8th July
189C.).,. 227

42. An Act to consolidate and amend the Act#

rektuag.to Lepers (9th July, 1890.) 234

43. An Act to consolidate and amend the

Acts of this Island relating' to the Ous*
Uma BstaUishment (22nd July^ 1 890) 241

44.. An Act to provide lor a loan* frotn the
pubMc treason? to the Governing body
of <^ueeii's College (22nd July, 1890.) 246

45Jc Aji Acitd conselidaite the Acts r^biting to

Lighthouees (15th AtigiMt, 1890t)... 247^

46. An Act to consolidate a^- amend the

Acts of this Island relating to lunatics
and theirpro^tty (16th August 1890) 351

47. An Act to provMe for taking a censtlsof *

Barbados in the yeaar ^one thchisand
eight hundred and ninety one (19t^ ^

AuguiJfc 1890.).;.. ^,...... 267

48.1 An Act to exempt all machinery and appa^
ratus imported as well Jby Arthur
Stephen Plews^Esijuirei:: of Enj^ndy
cairying on business intiie iCity of
!&pidg0to?i^ in ihis Islaiid tmder the
s^e^ finaof «^ Geo. WhkiMdACo. "^
\ as by any other persons for use in the

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VUl.

Page.
construction and establishment of ice
manufactories from the payment of all
duties and imposts of every kind
(20th August 1890.) 276

49. An Act to consolidate and amend the

Acts of this Island relating to Sayings
Banks (6th September, 1890.) 277

50. An Act to consolidate and amend the Acts

of this Island, relating to the auditing
and inspection of the public accounts
(6th September, 1890.) 295

51. An Act to regulate the appointment and

duties of land surveyors and the issue
of warrants to survey land in this Is-
land (8th September, 1890.) 302

52. An Act to authorize the payment to the

Barbados Water Supply Company
Limited, of a porportionate part of
their subsidy on their bringing into op-
eration certain of their standpipes, and
to extend the time granted to the Com-
pany to complete their works (11th
October, 1890.) 311

53. An Act] to consolidate and amend the

Acts of this Island relating to the Gen-
era,! Hospital (11th, October, 1890.) 316

54. An Act to consolidate and amend the Acts

relating to merchants' gunpowder (1 1th
October, 1890.) 330

55. An Act to authorfee the Vestry of the

parish of St Lucy in this Island to
raise a loan for the purpose of repair-
ing the Curate's house of St. Clement's
Chapel in the said parish (28th Octo-
1890 341

56. An Act to amend the " The Rum Duty

Act, 1887" 28th October, 1890 347

57. An Act to incorporate into one Act cer-

tain pensions granted by resolution of
the Legislature during the Session of

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PAia:.

1889-'90 (28th October, 1890.) U9

58. An Act to amend ** The Sale of Food and

Drugs Act 1889 (28th October 1890,) 350

59. An Act to consolidate the Acts relating

to the Eeformatory and Industrial
School (28th October, 1890.) 852

60. An Act to amend the Barbados Railway

Company Act (28th October 1890.) 372

6 1 . An Act to prevent the taking capture or

destruction of fish in or within the ju-
risdiction of this Island bj the U8<.' of
dynamite or other explosivcb (28th
4 October, 1890.) 373

62. An Act to provide pensions for Public

Officers (28th October, 1890.) 374

63. An Act to exempt all machinery, and ap-

paratus respectively imported by The
dreamland Industries Company, Lim-
ited and any other Company or person,
for the purpose oi: manufacturing
bricks, tiles, cement, pipes, and other
articles of the like nature, from the
payment of all duties and imposts of

e^wy kind (28th October, 1890.) 381

Oi. An Act to consolidate the Acts relating
\.o thi' recovery of small debts (28th
October, 1890.) ::^82

65. An Act to consolidate the Acts relating

to education (28th October, 1890.)... 420

66. An Act to consolidate and amend the Acts

of this Island relating to prisons
(28th October, 1890.) 46O

67. An Act to continue various expiring laws,

(28th October 1890,) . 477

68. An Act to consolidate the Acts relating to

the public market of Bridgetown, to
butchers, and to the slaughteaing of
animals for butchers' meat. (28th Oc-
tober 1890.) 497

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Page.
69, An Act to grant a sum of money out
of the pubuc treasury and to appropri-
ate the same for the service of the
year ending the thirty first day of De-
cecmber one thousand eight hundred
andninety one 496

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[SESSION OF 1889.'90.]

LAWSOFBARBADOa

CAP. I.

(Assented to 31st Leeemher 1889,)

BARBADOS.

An Act to continue various expiring Laws

WHEEE AS the several Acts mentioned
in the columns one and two of the
schedule to this Act annexed, are limited to
expire at the times specified in respect there-
of in column three of the said schedule ; And
Whereas it is expedient to continue such Acts
for the times mentioned respectively in
column four of the said schedule; Be it
therefore enacted by the Q-ovemor, Council
and Assembly of this Island, and by the
authority of the same, as follows :

1. This Act may be cited for all purposes short title,
as **The Expiring Laws Continuance Act,

1889."

2. The Acts mentioned in column one of ^^^g indicated in
the schedule to tnis Act annexed, are hereby schedule continued,
continued until (and inclusive of) the dates

respectively specified in column four of the
said schedule ; and any enactment amending
or affecting the enactments continued by
this Act are also in like manner continued.

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LAWS OF BARBADOS.

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SESSION OF 1889-'90.

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LAWS OF BARBADOS

CAP. II.

(Assented to 14th January 1890.)
BARBADOS.
*^An Act to amend *^The Begigtraiion (Births)

Act, 1889J'

WHEREAS it is deemed expedient to
amend **The Registration (Births)
Act 1889." (hereinafter called the principal
Act) in the manner hereinafter mentioned ;
Be it therefore enacted by the Governor,
Council and Assembly of this Island, and
by the authority of the same, as follows ;

Short Title. ^' '^^^^ ^^^ ^^^ ^ ^^^®^ ^ * "^^^ Regis-

tration (Births) Act, 1889, Amendment

Act, 1890."
Eepeal. 2. Section nine of the principal Act shall

be and the same is hereby repealed.
Colonial Secreta- '^' ^he Colonial Secretary shall, within
ry to send Begis- ten days after receiving the copies of the
trars copies of the registration of births required to be sent to
duplicate registers ijim by each religious body, denomination,
of births sent him g ^ ^^ person authorised by law to baptise,
by ministers. ^ . j» i • ^ i. j j

^ cause copies of such copies to be made and

sent to the respective registrars of births.

Construction. ^- ^^^* -^^^ ^°^ ^^® pnncipal Act shall

be read together as one Act.

CAP. III.
(Assented to 14th January 1890.)
BARBADOS.

An Act to grant a sum of money out of the
public treasury and to ofppro^priate the
same for the service of the year ending
the thirty first day of Becemher one
thousand eight hundred and ninety.

WHEREAS it is deemed expedient to
grant the sum of forty two thousand

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SESSION OF 1889-'90.

and fifty nine pounds sixteen shillings and
two pence out of the public treasury for
making good the supply granted for the
service of the year ending on the thirty first
day of December one thousand eight hun-
dred and ninety, and to appropriate the
said sum in the manner hereinafter men-
tioned ; Be it therefore enacted by the
Governor, Council, and Assembly of this
Island, and by the authority of the same,
as follows ;

1. This Act may be cited for all purposes g^^o^ titte
as "The Appropriation Act, 1890."

2. The Colonial Treasurer for the time (jrant of
being may issue out of the public treasury ^842,069 16. 2. out
on the warrant of the Governor- iur Executive of the Public Trea-
Committee and apply for making good the sury.

supply granted for the seivice of the year
ending the thirty first day of December one
thousand eight hundred and ninety the sum
of forty two thousand and fifty nine pounds
sixteen shillings and two pence.

3. The sum granted by this Act shall be Bate on which
held to be granted on the first day of Jan- grant takes effect,
uary one thousand eight hundred and

ninety.

^i,^* ^v T""^ ^^?*^ ^^. *^i8A<^^o«tof Appropriatien of
tile public treasury for making good the sup- sum granted,
ply granted for the service sSoresaid is ap-
propriated and sha,ll be deemed to be appro-
priated as from the first day of January one
thousand eight hundred and ninety for the
purposes and service expressed in the
schedule annexed hereto.

5. The schedule annexed hereto shall be ^ i. j i j. ^
deemed to be part of this Act in the same de^ed St S A^t.
manner as if it had been contained in the *^

body of the Act.

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LAWS OP BARBADOS.
ABSTRACT
Of the Schedule to which this Act refers

Appropriation of Chants,

Establishments

Exclusive of Establish-
ments—

Head 1— Civil

Head 2 — Legislative..

Head 3— Judicial

Head 4 — Police

Head 5 — Harbor Police

Head 6 — Prisons

Head 8 — Education...

Head 9 — Public Library

Head 10— Medical

Head 13 — Drawbacks..

Head 14 — W o r k s and

Buildings

Head 16— Rent

Head 17— Subsidies ,

Head 18 — Miscellaneous

Total Exclusive of Es-
tablishments ,

Grand Total.

«e s. D.

1,164 0
68 15

207

5,622

445

4,849

13,380

6,323 13
40 0

3,717 0 0

170 3 4

1,429 0 0

1,915 0 0

£ B. D.

2,817 10 0

39,242 6 2

^2,059 16 2

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SESSION OF 1889-'90.

Schedule — Part 1.
Estahlishmente,
Schedule of sums granted to defray the several charges on
account of Establishments herein particularly mentioned
which will come in, in course of payment, during the year
ending on the thirty first day of December 1 890.

Service.

Head 2— B.

For salaries of Officers of

the Assembly ,

Head 4.

For salaries of Medical

Officers of the Police.

Head. 6.

Additional Salary to In-
spector of Prisons...

For the salaries of Officers
of the Prison Depart-
ment

Head 10

C. For salaries and wages
of members of the Staff
of the Lunatic Asylum,
and the branch Asvlum
at District **B'' other
than the Medical Super-
intendent

D. For salaries and wages
of the members of the
Staff of the Lazaretto,
other than the Surgeon,
Superintendent, and
Chaplain

E. Inspector of Imported
animals

Total Head 10

Total Establishments.

Sums not exceeding

£ 8.

60 0 0

340 0 0

1,120 0 0

342 10 0
100 0 0

£ s. D.
750 0 0

115 0 0

390 0 0

1,562 10 0
2,817 10 "o

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LAWS OP BARBADOS

Schedule Part II.

Exdusive of EstahlishmewU

Schedule of sums granted to defray the several charges Exclu-
sive of Establishments, herein particularly mentioned,
which will come in, in course of myment, during the year
ending on the thirty first day of December, 1890, namely.

Service.

Sums not exceeding.

Head I.—Civil.

a. For supply of Furni-
ture for Government
House £100, stationery
and incidentals for Gov-
ernor's Office ^50...

h. Clerical Assistance in
record branch of Colo
nial Secretary's Office..

d. For Furniture Tele
phone and Miscella-
neous Expenses of the
Auditor General's Office

«. For wages of messenger
£20, Telephone £6 5
and Miscellaneous of
Public Works Office
M 15

/. Harbour Master, Tele-
phone

Powder Hulk, Water
and Light £17, Main
tenance £130

£ s. D.

150 0 0

125 0 0

6 10 0

33 0 0

6 5 0

147 0 0

£ s. D.

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SESSION OF issa-m

Service.

Sums not exceeding.

g. For special services,
wages furniture, and
Miscellaneous of the
Customs Department...

j. For wages, gas, water
and contingencies at the
Market

£ S. D.

454 15 10

207 10 0

35 0 0

£ S. D

0. For Instruments appa-
ratus &c., for the Inland
Revenue Department...

Total Head 1, Civil.

Head 2— Legislative.

{a.Kc.) For Miscellaneous
of the Legislative De-
partments including re-
freshments

1,164 0 0
68 15 0

Head S—Judicial.

For Miscellaneous of JnA
dicial Department ^40
clerical assistance for -
Bridgetown M a g i s-
trates oeiOO

140 0 0

55 0 0
12 5 6

Books ,£50, Interpreter £5
Provost Marshal's Office...

207 5 6

Head 4— Police.

-,or the support of the
*^ Police Department

5,522 0 0

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10
LAWS OF BAEBADOS

Service.

Sums

not exceeding.

Head 5-Harbour Police.

£ 8.

For the support of the
Harbour Police Depart-
ment

445 0

Head 6— Prisons.

For the support of the
Prison Department

For the support of Dodds
Reformatory

3,651 0
1,198 0

0
0

4,849 0

Head 8— Education.

To defray the expenditure
to be incurred under the
Education Act, 1878...

13,380 4

Head 9— Public

TiIBRARY.

For the Miscellaneous ex-
penditure of the Public
Library Department. . .

11 5

Head 10— Medical.

c Lunatic Asylum —
For the support of the
Lunatic Asvlum

3,400 0

d. Lazaretto —

For the support of the
Lazaretto

2,413 0

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SESSION OP 1889.'90.

Service.

Sums not eceeding.

c. Board of Health —

Wages, Miscellaneous &c.,
£95 13 4

Repairs 50 0 0

Erection and upkeep of
Animal Quarantine Sta-
tion £250 0 0

G-uarding vessels in Quar-
antine £100 0 0

/. Poor Law Board —

For Messenger, furniture
and Miscellaneous...

Total Head 10, Medical

Head 13— Drawbacks

For payment to the Mill
tarj Departments in lieu
of drawback at the rate
of £40 a year.. .

Head 14— Works
Buildings.

A. For wages and contin
gencies of the Public
Buildings

AND

B. For repairs and alter-
ations, namely : —

1. Public Buildings...

1. a. Government House

Carried forward...

495 13 4

15 0 0

100 0 0
150 0 0

250 0 0

6,323 13 4

40 0 0

95 0 0

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12
LAWS OP BARBADOS.

Service.

Sums not

exceeding

Brought Forward

1. g. Customs aud Petro-
leum Warehouse.

£
250

25
75

40
200
150

50
237
125
100

25
150

15
10
25
100
100
75

s.
0

0
0

0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0

0
0

0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0

<£. 8. D.

95 0 0

1. 9. Market

1 m. Signal Stations and
Inland Telegraph

4. Police Stations

6. Prisons & Town Hall
Reformatory

7. BishoD's Court

10. c. Lunatic Asylum...
10. d. Lazaretto

Miscellaneous

a. SwincT Bridcre

•

b. Buoys

c. Cranes, repairs and
Painting

d. FoTintain Garden....

Codrington House...

f. Wharf walls

g. Bepairs to Pumps...
Dredge

1,792 0 0

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13
SESSION OP 1889.'90.

Service.

Sums not exceeding

C. New Works —

New Light Needham*s
Point

Dredging

St. Marv*s Garden

Dodds Laboratory ,

Market Cattle Pens

Hospital at Glendairy..

Lunatic Asylum Strong
Eoom

Lazaretto — Stewards and
attendants quarters..

Total New Works

D. Incidental Expenses —

For salary of Storekeeper
and Assistant in office
of Superintendent of
Public Works

For upkeep of Fountain
and St. Mary's Gardens

For Lighting the Wharf
Foreman .£70. Travelling

expenses .£12 ,

Labor Gang ,

Total Incidental Ex
penses

Total Head 1 4— Works
and Buildings

Head 16— Rent.

For Eent of Buildings
occupied by various De-
partments of the Gov-
emment

£ 8.

125 0
500 0
120 0
60 0
300 0
153 0

0
0
0
0
0
0

50 0

150 0

1,448

80 0

20 0

100 0

82 0
100 0

0
0

382

3,717

170 3 4

Digitized by VjOOQIC

14
LAWS OF BARBADOS.

Service.

Sums not exceeding.

Head 17 — Subsidies

AND Gbants.

Boyal Mail Subsidy and

cost of remittance to

30th June 1890

Head 18 — Miscel- ]

LANEOUS.

For cost of Parish Regis-
ters and indexing and
binding the same

For cost of Telegrams sent
on the Public Service,

For advertising Liquor
Licenses

For Government Binding
and Printing

For Stationery for the use
of the Public Depart
ments

This amount to be placed
at the Governor's dis-
posal for the service of
the Colony

Expenses incident to work
ing the Rum Act 1887...

Expenses incidentto work-
ing the Adulteration
Act 1888

Total Head 17— Miscel-
laneous

Total Exclusive of Estab
lishments ,

£ 8. D.

100 0 0

50 0 0

20 0 0

1,200 0 0

225 0 0

100 0 0

20 0 0

200 0 0

£ s. n.

1,429 0 0

1,915 0 0

oe39,242 6 2

Digitized by VjOOQIC

SESSION OP 1889-^90.

CAP. IV.

(Assented to 15th January 1890,)
BARBADOS.

**-4w Act to make permanent the provisions of
section two of the Act entitled, ^^An Act
to encourage the cultivation and preservO'
tion of trees in this Island^* — passed on
the 5th day of February 1875.

WHEREAS the period for which the
provisions of sectioQ two of the Act
of this Island entitled, " An Act to encourage
"the cultivation and preservation of trees
" in this Island," passed on the fifth day of
February one thousand eight hundred and
seventy five, are limited by that section of the
the said Act will expire on the fifth day of
February one thousand eight hundred and
ninety ; And Whereas it is deemed ex-
pedient to make permanent the provisions of
the said section two of the said Act ; Be it
therefore enacted by the Governor, Council
and Assembly of this Island, and by the au-
thority of the same, as follows ;

1. In lines one and two of section two of Section 2 of Act of
the said Act of the fifth day of February S*^^, February 1875,
one thousand eight hundred and seventy five "^s-^^ Perpetual
the words "within fifteen years" shall be
replaced by the words " at any time."

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16
LAWS OF BAEBADOS

CAP. V.

(AiserUed to 20th January, 1890.)

BARBADOS.

An Act to amend the law relating to the
Professorship of Chemistry and Agricul'
twral Science, and to the Oovemmsnt
Laboratory.

jE it enacted by the Governor, CouncU,
and Assembly of this Island, and by
the authority of the same, as follows ;
Short title. 1- This Act may be cited as "The Pro-

fessorship of Chemistry, and Government
Laboratory Act, 1890."
Education Board ^' "^^^ Education Board shall, whenever
to appoint Profes- a vacancy occurs in the Professorship of
sor of Chemistry Chemistry and Agricultural Science, appoint
and Agricultural ^ duly qiialified person to fill the same ; and
Science. ^j^^ g^j^ Professor shall receive an annual

Hi8 Salary and f ^JT ,?^ ^T? ^^^^^ PT"^' .^''^. ^^?"
duties. "^1^ himself at the disposal of the

Education Board, and shall retain his office
during the pleasure of the same, and shall
be employed at the discretion of the Board
in superintending and directing the instruc-
tion given in his department as well as him-
self gratuitously imparting instruction at
the Government Laboratory to the pupils
of the principal educational establishments
of the Island, and shall gratuitously render
assistance to and perform analysis for any
Government Institution or officer, which or
who may in the discharge of official duties
require such assistance and analysis; and
the Board shall make rules and regulations
for settling the instruction to be given by
the said Professor to the pupils of the schools

Digitized by VjOOQIC

SESSION OF 1889.'90,

and colleges of the Island, and for fixing the
fees demandable by the Professor for assis-
tance rendered to or analyses made for pri-
vate persons, and shall also if possible ar-
range for the delivery by the said Professor
of courses of public lectures and the hoding-
of evening classes, for the benefit of young
men engaged in business and others, and
they shall fix the fees to be paid by atten-
dants at such lectures and classes.

3. The Education Board are hereby em- Education Board
powered to appoint a laboratory assistant may appoint a Lab-
to the Professor of Chemistry to aid him o^^^^^^ A»«^«^^*-
in the discharge of the several duties im-
posed on him by this Act. Such assistant

shall hold his office during the pleasure of
the Board and shall receive during his
first year of office a salary of forty pounds
increasing annually thereafter by incre- HisSalarj.
ments of ten pounds until the maximum of
one hundred pounds is arrived at, after
which during his continuance in office he
shall receive the annual salary of one hun-
dred pounds.

4. The Education Board are hereby em- Education Board
powered to appoint an office messenger and may appoint oSce
porter for the laboratory. Such messenger messenger for Lab-
and porter shall be appointed on such terms ^^^^^^'

as to dismissal as the Board may think lit,
and shall receive a salary at the rate of
twelve pounds ten shillings per annum.

5. The several salaries in this Act men- Salary under tins
tioned shall be paid out of the public trea- ^^^> ^^^ payable,
sury on the warrant of the Governor in-Ex-
ecutive Committee by equal monthly in-
stalments

6. A sum not exceeding one hundred and

seventy five pounds is hereby granted to ^176 granted to
the Education Bbard out of the public trea- supply tbfe Labora-

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LAWS OP BARBADOS

tory with fitting3, gury for supplying the laboratory wiUi fit-
*^« tings, furniture, books and apparatus.

Provision for up- 7. The sum required to defray the cost
keep of Laboratory, of chemicals, of the repair of apparatus Ac.
of the supplying of gas and water, and the
other incidental expenses of the laboratory
shall be voted on the annual estimates and,
paid out of the public treasury.

8. Section seventy one of "The Education
Act, 1878," is hereby repealed.
•' 9. This Act shall not come into operation
unless and until the officer administering
the Government notifies by proclamation
that it is Her Majesty's peasure not to dis-
allow the same, and thereafter it shall come
into operation upon such day as the officer
administering the Government shall notify
ly the same or any other proclamation.

Repeal*

Suspending
tion.

Short title.

Contributions to
The Superannua-
tion Fund of officers
who ceased to con-
tribute before ''The
Superannuation
Act, Amendment

CAP. VI.

(Assented to 30th January 1890,)

BARBADOS.

An Act to provide for the refund of certain
contributions to the Superannv^aiion
' Fund.

BE it enacted by the Governor, Council
and Assembly of this Island and by
the authority of the same, as follows ;
JJ 1. This Act may be cited as "The Super-
annuation (Refund of Contributions) Act,
1890."

2. The amount contributed to the Super-
annuation Fund by any officer who ceased
to contribute prior to the passing of "The
Superannuation Act, Amendment Act,
1883," in consequence of resignation, retire-
ment from the service of this Colony after

Digitized by VjOOQIC

SESSION OF 1889-'90.

having contributed for a period of less than Act, 1888/' to be
ten years, promotion to an office that did refunded,
not fall within the scope of **The Superannu-
ation Act, 1870,'* death or any cause other
than dismissal from the service, or its equiv-
alent shall be refunded, without interest, to
such officer or in case of his death, to his
legal personal representative.

3L The amount contributed to the Super- Contributions of
annuation Fund by any officer who, either officers who take
prior to the passing of this Act or within advantage of sect,
six months after the passing of this Act, ^^^^ *^ed imi^<S!
shall have given to the Colonial Treasurer ^tely if notice given
the notice specified in section two of **The before expiration of
Superannuation Act, Amendment Act, 1883," 6 months after date
shall be refunded to him, or in case of his ®^ *^^ ^^^ '
death, to his legal personal representative,
without interest.

4. Any officer, who stall fail to avail him- or on retirnment or
self of the provisions of section two of **The death if notice given
Superannuation Act, Amendment Act, 1883,;* subsequently,
within six months after the passing of this

Act, shall not be entitled to an immediate
refund of his contributions to the Superannu-
ation Fund if he avails himself of such
provisions subsequently ; such contributions
shall be refunded to him without interest,
on his retirement from the service, or to his
legal personal representative on his death in
the service.

5. The officers who have contributed to officers entitled

the Superannuation Fund for a period of ten to a pens.ion may,

years, and are under the provisions of section within 6 months

seventeen of "The Superannuation Act, 1870," ^^*?^ ,^^^,\ ^^ ^^^^

, . , 1 , . . ^ -AT. • • i.i: Act. elect to receive

entitled to a pension, may withm six months ^ refund of their

after the passing of this Act, but not after- contributions on
wards, elect in writing, addressed to the condition of forfeit-
Colonial Treasurer, to receive the amount i^^g *^®ir rights to
contributed by them to the Superannuation * P®^^*^^'

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LAWS OP BARBADOS

Fund and such amount sball be refunded to
them without interest, and if they so elect,
they shall forfeit all right to a pension.

CAP. vn.

(Aesented to 30th January 1890.)
BARBADOS.

An Act to provide for the ajppointment of
an Assistant Harbour Master,

yE it enacted by the Governor, Council
and Assembly of this Island and by
the authority of the same, as follows ;

1. This Act may be cited as "The As-
Short title. sistant Harbour Master's Act, 1890."

2. It shall be lawful for the Governor to
Governor may ap- appoint an Assistant Harbour Master at an

point an Assistant annual salary of not exceeding one hun-
Harbour Master, ^red and fifty pounds, payable out of the
Salary not to exceed ^^^^^^ treasury on the wan^ant of the Gover-
nor-in-Executive Committee, by equal month-
ly instalments.
Duties of Assis- ^- '^^® Assistant Harbour Master shall
tant Harbour Mas- perform such of the duties of the Harbour
ter to be fixed by Master, and shall assist the Harbour Master
Goverucr-in-Execu. [^ g^^jjj manner and to such extent, and in
ommi ee. addition, shall perform such other duties as
the Governor-iii-Executive Committee may
from time to time ajipoint.

4. The Assistant Harbour Master shall, in
respect of the duties imposed on him by this
Act, have all the powers, authorities, rights
and privileges which, and be subject to all
the obligations to which, the Harbour Mas-
ter by law now has and is subject, and the
Harbour Master if, and so far as he is,
by any rule of the Governor-in-Executive
Committee excused from discharging any

Digitized by VjOOQIC

SESSION OF 1889.'90.

duty imposed on the Assistant Harbour
Master shall be exempt from all liability
in respect of the non performance thereoi.
5. The Harbour Master shall, (subject
however and without prejudice to section
three of this Act) supervise and direct the
swinging of the swing bridge, and the re-
moval of all vessels into or from the inner
basin of the careenage.

CAP. VKI.

(Assented to 8th March 1890,)

BARBADOS.

An Act to authorize Thomas Peterkin to
drive jpiles* and erect a hathing house
in the sea opposite his place, called Super
Mare, in the Parish of Christ Church,

WHEEEAS the said Thomas Peterkin
has presented a petition to the Leg-
islature of this Island, stating that he is the
owner of a place, called Super Mare, in the
parjsh of Christ Church in this Island,
bounding (amongst other boundaries) on
the seashore, and that he desires to drive
piles and erect a bathing house in the sea
opposite his said place ; and praj'ing that he
his heirs and assigns may have legislative
protection in the use and enjoyment of the
said bathing house, and the exclusive right
and benefit thereof ; And Whereas it is
deemed expedient to grant che prayer of the
said petition ; Be it therefore enacted by
the Governor, Council, and Assembly of this
Island, and by the authority of the same, as
follows ;
L The said Thomas Peterkin his heirs T. Peterkin w-

Digitized by VjOOQIC

LAWS OP BARBADOS

thorized to erect a and assigns may drive piles and erect a
bathing house ob bathing house in the sea opposite his place

oSSite" h^V'e ?f ^.^?P!r.^.*r' i^ *^"P^i^ ^^^^"^
called Super Mare Ohurch in this Island, and may from time to

for his sole benefit, time repair, alter or remove the said bathing

house; and the said bathing house» so to be

erected and boilt, shall be to and for the

sole use and benefit of the said Thomas

Peterkin his heirs and assigns forever.

CAP. IX.

(Assented to 8th March 1890 J
BARBADOS.
An Act to amend the law relating to perjury,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authoiity of the same, as follows ;
Short title. 1. This Act may be cited as " The Prose-

cution of Perjury Act, 1889."
The Chief Justice 2. It shall and may be lawful for the
and other Jadges, Chief Justice or the Judge of the Court
Magistrates &c. au- of Escheat or for the Judges of the Assis-

an'^'''tr8on''a'^*^r*'^"^^^^^^ ^^^ ^"^ *^^^8® ^^

iSg j^lty^fpe^u^ ?°y ^®*'^y ^^^^ ^^^^^ ^r for any Police Mag-
ry in any evidence istrate, or for the Provost Marshal when-
Ac. to be prosecuted ever any writ of enquiry, or writ of trial
and to commit the from the Court of Common Pleas shall

^o^'U^ f ™!J!1" l>e executed before him, in case it shall Ap-

ter into a recoffui- . v A^ ^ i ^ ^ *^

zance to appear and P^^^ to him or them that any person has

take his trial and to been guilty of wilful and corrupt perjury

bind persons to in any evidence given, or in any affidavit,

prosecute or give deposition, examination, answer, or other

esi ence, proceeding made or taken before him or them

to direct such person to be prosecuted for

such perjury in case there shall appear to

him or them a reasonable cause for such

prosecution, and to commit such person, so

Digitized by VjOOQIC

SESSIOn1oF^1889-'90.

directed to be prosecuted, until the next
sitting of the Court of Grand Sessions of
Oyer and Terminer and General Gaol De-
livery and Grand Sessions of the Peace un-
less such person shall enter into a recogni-
zance with one or more sufficient surety or
sureties conditioned for the appearance of
such person at such next sitting of the said
Court, and that he will then surrender and
take his trial and not depart the Court with-
out leave, and to require any person, he or
they may think fit, to enter into a recogni-
zance conditioned to prosecute or give evi-
dence against such person so directed to be
prosecuted as aforesaid ; and all oral or writ-
ten evidence taken by or produced before
the said Judge, Judges, Police Magistrate
or Provost Marshal relating to or affecting
the question of the guilt or innocence of the
person so directed to be prosecuted, shall be
transmitted to the Clerk of the Crown, or
his lawful deputy ten days at least before
the opening of the Court at which such mat-
ter is to be tried.

3. Every person who commits the offence Persons commit-
of wilful and corrupt perjury, (provided ting perjury or sub-
the case has not been dealt with under the ornation of perjury
preceding section) or of subornation of °^*y . ^«^™°^"^y
perjury, shall on conviction thereof before i^h^° *^ ^^*^*
a Police Magistrate be liable to be impris-
oned with or without hard labour for any
term not exceeding six months. Provided Proviso,
always that any Police Magistrate before
whom any person is charged with committing
either of the said offences, if he is of opin-
ion that the offence is from any special
circumstances connected therewith one which
should be prosecuted by indictment, shall
abstain from any adjudication thereupon,

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LAWS OF BABBADOS

and shall deal with the case inaU respecto
in the same manner as if he had no authority
finally to hear and determine the same.

CAP. X.

(Aesented to 8th March 1890.)

BARBADOS.

An Act to amend An Act entUledy *^ An Act
to remove doubts cw to the jurisdiction of
the Court of Chancery of this Island^ and
to make special provision with respect to
lunatics and insane persons in certain
cases** — parsed on the 30th da/y of
December 1871,

WHEREAS it is deemed expedient to
amend the Act of this Island en-
titled, An Act to remove doubts as to the
i'urisdiction of the Court of Chancery of this
sland, and to make special provision with
respect to lunatics and insane persons in
certain cases, -^passed on the 30th day of
December 1871, — in the manner herein-
after appearing ; Be it therefore enacted
by the Governor, Council, and Assembly
of this Island and by the authority of the
same, as follows ;
Section 2 of the 1. Section two of the said Act is hereby
Act of 80th Decern- amended by inserting the word " five" in
ber 1871 amended, i^^^ ^^^ ^y^gj^g^f ^^ ^j^^^ ^^ ^yie word " one,"

and the words " three himdred" in place of
the word " sixty" occurring in line seven
thereof.
Short titles and 2. The said Act of the thirtieth day of
construction. December one thousand eight hundred and

seventy one may be cited for all purposes
as " The Chancery Jurisdiction Lunacy Act,

Digitized by VjOOQIC

SESSION OF 1889-^90.

1871," and this Act, may be cited for all
purposes as " The Chancery Jurisdiction
Lunacy Act, 1871, Amendment Act, 1890,"
and the said two Acts shall be read together
as one Act.

CAP. XI.

(Assented to Sth March 1890.)
BARBADOS.

An Act to provide for the reporting and pub-
lishing of the debates of the Legislative
Council and the House of Assembly.

BE it enacted by the G-ovemor, Council,
and Assembly of this Island, and by
the authority of the same, as follows ;

1. A sum not exceeding the sum of five a aum not ex-
hundred pounds shall be paid annually on ceeding ^600 a ye»r
the warrant of the Q-overnor-in-Executive to be paid for re-
Committee for the reporting and printing P^^^? ?f ^ S"^*'
in such manner as the Govemor-in-Execu- L^Slatv^e ^
tive Committee shall determine, the debates

of the Legislative Council and the House of
Assembly.

2. Every contract made by the G-ovemor- Contract to con-

in-Executive Committee for the reporting ^^ a clause that

and printing of the debates of the Legisla- f *^®.^ ]^^^J "^^

/^ '1 -lii TT- i* A 11 terminate the same

tive Council and the House of Assembly ^^ ^^ q n^onths

shall contain a time clause authorizing either notice,
party to the contract to terminate the same
at any time during its continuance on giving
six months previous notice to the other par-
ty of their intention to do so.

3. This Act shall not come into operation Commencement
until the first day of January one thousand of Act.

eight hundred and ninety one.

Digitized by VjOOQIC

26
LAWS OP BARBADOS

Short Title.

Interpretation

No person to keoj)
a ^ao3 of Foblio
entertainment with
oat obtaining annu
ally a license.

Penalty en in-
fringing section 3.

Mode of obtain^
inga Ue«Bse.

CAP. XIL

(Assented to 10th March 18900
BARBADOS.

An Act to consolidate the Acts relating to
the keeping of places of public entertain-
tnent,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows ;

8hoH tUle,

1. This Act may be cited as 'The Licensed
Places of Public Entertainment Act, 1890."

Interpretation,

2. The term " place of public entertain-
ment" when used in this Act shall mean any
house, room, garden, or other place habitu-
ally kept, although not at stated intervals,
for public dancing or other public enter-
tainment in which the public may join on
payment of money either directly or in-
directly.

License.

3 No person shall in any year have, keep,
or open any place of public entertainment
unless and until he has in manner here-
inafter provided, previously in such year,
obtained a license for that purpose.

4. Every person who infringes the pro-
visions of the last pre«eding section of this
Act, shall for every offence be Uahlo to a
paialty not exceeding five pounds.

5. Every person who desires to obtain a
license to keep a house, room, garden, or
other place of public entertainment shall in
each year in which he desires to obtain suca

Digitized by VjOOQIC

SESSION OF 188g.'90.

lieense comply with the following require-
menta ;

(1) he shall produce and leave with the

Colonial Treasurer a certificate
from the police magistrate of the
district in which he intends to keep
such place of public entertainment,
certifying that to the knowledge
of su(}h police magistrate, he is a
fit and proper person to keep a
place of public entertainment,

(2) he shall pay to the Colonial Trea-

surer the sum of one pound.

6. Every person who complies with the Licenses to be
provisions of the preceding section shall given by Colonial
receive from the Colonial Treasurer, who is Treasurer,
hereby authorized and required to give the
same, a license in the form in the schedule Their form and
marked * A' to this Act ; which license shall ^^^^t.
authorize such person to keep a place of
public entertainment from the date of such
license up to and inclusive of the thirty-
first day of December in the year in which
such license is given.

7> The license mentioned in the last Licenses not
preceding section shall not be transferable, transferable.

Bemoval.

Removal of li*

8. Whenever any person holding a _f ^"^X J^, JJ;
,. , x"i_ • • i? xi • A X cense nokleT from

license under the provisions of this Act ^^^pi^ee to another
shall be desirous to remove from the place
ot public entertainment in respect of which
such license was originally granted, before
doing so, he shall have the consent of the
police magistrate of the district in which the
place to which he intonds to remove is
situated; provided always that no more
than two such removals shall be pennitted
in any one year.

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LAWS OP BARBADOS

Penalty. 9. Whoever shall infringe the provisions

of the last preceding section shall be liable to
a penalty not exceeding five pounds.

Signboard,

Signboards. 10. Every person who keeps a place of

public entertainment shall exhibit on some
public part of the premises a signboard hav«
ing the words ** Licensed Place of Public
Entertainment No " and the number of
his license painted thereon in white letters
of not less than three inches in height on a
black ground.

Who deemed to he keener.

Who to be deemed 11. Any person who shall appear, act, or
the keeper of any behave himself or herself as master or mis-
place of public en- ^^^^9, or as the person having the care,
tertainment. government or management of any place of

public entertainment shall be deemed and
taken to be the keeper thereof, and shall be
liable to be prosecuted and punished as such ;
notwithstanding he or she shall not in fact
be the real owner or keeper thereof.
No license if house on premises withliquor shop.
No place of pub- 12. No house, room, garden, or other
Uc entertainment to place on the same premises with the shop of

^L JLa «^f w^® a licensed retaUer of liquors shall be licensed
premises witn the i r , ,. \ ^ • , j

shop of a licensed ^^ * place of pubbc entertainment under a
retailer of liquors, penalty not exceeding one pound for every
day that such licensed place of public enter-
tainment is kept on the same premises with
the shop of a licensed retailer of liquors.

License when cancelled.

License of keeper 13, Any householder residing within

ment^^^'^d^'lr^^^"^ hundred yards of any place of public

StTpe^eand'^uiet entertainment, may lodge a complaint before

of any neighbour- ^ police magistrate against the keeper of such

Digitized by VjOOQIC

SESSION OF 1889'90.

licensed place of public entertinment for hood may be can-
causing the disturbance of the peace and '^f^^^ °° complaint
quiet of the neighbourhood and if upon the fjZ^^'Z^^X
hearing of such complaint, sucn police mag- yards thereof,
istrate shall be of opinion that on account
of the misconduct of those frequenting or
attending such place of public entertainment,
or on account of the musical performance,
held at such place of public entertainment,
or from any reasonable or sufl&cieiit cause
whatsoever the keeping of such place of
public entertainment is prejudicial to the
peace and quiet of such neighbourhood, he
shall cancel the license of such keeper and
impose upon him a fine not exceodiug five
pounds.

Exemption from license.

14 Nothing in this Act contained shall f^om'the Act.^^^"^
extend or be construed to extend to the case
of persons casually visiting the Island, and
giving any public entertainment.
Penalties

15. Every person violating any of the Penalty for viola-
provisions of this Act for the violation cf ^'^"^^ f^{ provisions
'^I'-i 1^. 1 'jiiot Act for which a
which no penalty IS oxpresslv provided, p^^^^^y not express-
shall on conviction thereof be liable lor every ly provided.

such offence to a penalty not exceeding five
pounds.

16. All penalties under this Act shall be Penalties how re«
recovered in a summary manner before a covered.

police magistrate on the complaint of any
person, and paid one half to the informer
and one half into the public treasury to the
credit of the general revenue.

Repeal

17. The Acts mentioned in schedule "B" . Repeal and sav-
to this Act annexed are hereby repealed ; ^^^^'

provided that this repeal shall not affect;

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30
LAWS OP BARBADOS

1. The past operation of the enactments

hereby repealed noranything done or
8uffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation, or liabil-

ity acquired, accrued, or incurred
under the enactments hereby repealed ;
nor

3. any penalty, forfeiture, or punishment

incurred in respect of any oflFence
committed against the enactments
hereby repealed ; nor

4. any investigation, legal proceeding or

remedy in respect of any such right,
privilege, obligation, liability, penalty,
forfeiture, or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed.

SCHEDULE A,

No.

Barbados 18

The Licensed

Places of Public Enteb-

TAINMBNT AOT, 1890,

I do

hereby

certify that

in the parish or City
having this day paid in

the sum of one pound is hereby licensed

to keep

for public entertainment

in the parish or City of
until the 31st day of

December 18

Colonial Treasurer.

[Not

TEANSFBEABLE,]

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31
SESSION OP 1889.'90.

CAP. xin.

(Assented to 10th March 1890.)

BAEBADOS.

A BUI entitled, An Act io consolidate ihm
Acts relating to Baohk Holidays.

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows ; —

1. This Act may be cited for all purpos-
ed as "The Bank flolidftys Act, 1890."

Short title.

Digitized by VjOOQIC

32
LAWS OF BARBADOS

Definition. 2. In this Act the expression ** place of

business*' means any office, counting house,
store, shop, workshop, warehouse, stall or
booth, or any other place where business of
any description is carried on or transacted.

Days noted in 3, xhe several days in schedule A to this

fsclog'^VouXs^^^^^^ (^^^ ^^^^^ ^^^' ^^^ ^^ ^^'^

Act hereinafter referred to as Bank holi-
days) shall be kept as close holidays in all
Banks in this Island, and as public holi-
days at the several public offices.
No person obliged 4 No person shall be compellable to

&c. Tn \ouSys^''^ °^*^^ ^°^ payment or to do any act upon

'' ^ * such Bank holidays, which he would not

be compellable to do or make on Christmas

Day or Good Friday ; and the obligation

to make such payment and to do such act

shall apply to the day following such Bank

holiday, and the making of such payment

and doing of such act on such following

day shall be equivalent to payment of the

money or performance of the act on the

holiday.

No employee to be 5. Every person or body politic or cor-

allowed ©r required porate, who shall allow or require the at-

to attend at any tendance of any one or more employee or

SLTbIiS.''TouLy'!^'^P%^^««^^ a^y place of business on any
Bank holiday, shall be <leemed to have
offended against the provisions of this Act,
and shall for every such offence incur and
pay a penalty not exceeding fifty pounds,
and such penalty shall be to Her Majesty,
her heirs and successors for the usee of
the Island, and may be recovered on the
complaint of any person as in the case of
servants* wages.

Exceptions. 6. There shall be excepted from the

operation of this Act ;

1 — Hotels, boarding houses, and clubs.

Digitized by VjOOQIC

SESSION OF 1889-'90.

!^~£e8taurant8 and refreshment bars
for the sale of articles oonsumed
on the premises.
3 — Livery Stables.
4 — The business of **The Barbados

Railway Company, Limited."
5 — The business of ** The Bridgetown

Tramways Company, Limited."
6— The business of "The West Lidia
and Panama Telegraph Company,
Limited."
7— The business of "The itorbados Tel-
ephone Company, Limited."
8— The business of "The Barbados Ghts

Company."
9 — The business of agents of any steam-
ers coming to the Island on any
business for the purpose of such
steamers.
10^'The business of plantations or busi-
ness of owners of lands relating
to such plantations or lands.
11 —The business of undertakers of fune-
rals in any case of emergency or
necessity ; such emergency or
necessity to be determined by the
Police Magistrate before whom
any complaint is heard.
12 — Any place of business for the sale
of any of the following articles,
(a) Drugs or medicines.
(6) Bread, fresh fish, butchers
meat or ice not later than
nine o^clock m the morn-
ing,
(c) Cooked food.
13 —The selling of any article in mij
place of business which may be
required in any case of illness

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LAWS OP BARBADOS

of any person or animal, where
tho teller thereof has reasonable
grounds for believing such article
to be required for either of these
purposes ; such resonableness to
be determined by the Police Ma-
gistrate before whom any com-
plaint is heard.
Sitting of a Court 7. Whenever a Bank holidaj falls on any
not to begin on a ^^j ^^ yrhich according to law a sitting of
n^no^b^ntSTn^ any Court would begin, such sitting shall not
ed on such day if it begin on that oay but on the week-day next
begins before. following the Bank holiday, and whenever a

Bank holiday occurs during the sitting of
any Court, it shall be lawful for such Court
at its rising on the day next preceding
such Bank holiday to adjourn until the week
day next succeeding the Bank holiday.
The opening of 8. It shall be lawful for the Colonial
ttie General Post -p^^^ Master to open the General Post Office,
dSf ^or "^e^" Bridgetown, on Bank Holidays, and to re-
purposes authorised quire the attendance thereat of the Post
Office employees for the purpose of des-
patching mails to places beyond the seas
by steamers, of receiving mails that have
been brought from places beyond the seas
by steamers, and of delivering such mail
letters at the said General Post Office to
the addressees thereof, subject to the reg-
ulations that now exist, or may hereafter
be made, concerning the delivery of letters
at the General Post Office to the addres-
sees thereof.
If a Royal Mail 9. In every case in which the day ap-
Steamer would pointed by law as a Bank Holiday is also
otherwise arrive or the day appointed for the arrival or depar-
lSy'"the i:^t""of a^y of the Royal Mail Steamers.
Holiday to be kept ^^^ ^^ ^^^ ^^^ ^'^Y ^^^^ Christmas or one
of three consecutive days each of which is

Digitized by VjOOQIC

SESSION OF 1889.'90,

a public holiday, such day shall not beia the following

kept as a Bank holiday but the correspond- ^^*^*

ing day in the following week shall be a

Bank Holiday instead. Notice of the day

to be kept as a Bank Holiday shall in each

case in which the provisions of this section

shall come into operation be inserted in the

Official Gazette at least two weeks before

the day's arrival.

10. it shall be lawful for the Q-ovemor-
in-Executive Committee from time to time, Powers to Oover-
whenthey are of opinion that in any year nor in Executive
it is inexpedient that a day by this Act Committee to
appointed for a Bank holiday should change day flx^d
be a Bank holiday, to declare by procla- ^<^' * ^^^^y-
mation, in the manner in which solemn

fast or dajs of public thanksgiving may be
appointed, that such day shall not in such
year be a Bank holiday, and to appoint
such other day as to them may seem tit to
be a Bank holiday instead of such day, and
thereupon the day so appointed shall in
such year be substituted for the day so ap-
pointed by this Act.

11. The several Acts set forth in sche-
dule B to this Act annexed are hereby re- Bepeal section,
pealed to the Extent to which such acts are

by such schedule expressed to be repealed.

SCHEDULE. A.

Bank Holidays.

The first day of January in every year,
if a week day.

Easter Monday.

Whit Monday.

The day appointed for the celebration of
the birthday of the Sovereign.

The first Monday in August.

The twenty-sixth day of December, if a
week day.

If either the first day of January or the
twenty-sixth day of December falls on a
Sunday, the next following Monday shall
be a bank holiday.

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LAWS OF BARBADOS

® o * ^ 9

.A3 «S <• <u ^

C^f««

SESSION OF 1889-'90.

CAP.XIV.

(Assented to llth March 1890.)
BARBADOS.

An Act to consolidate the Acts relating to
Co-operative Factories,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same as follows ;

1. This Act may be cited as "The Short title.
Co-operative Factories Act, 1890."

2. Sections two, three, ten, and eleven, .^flj*^^ ♦/i^*^??"
sections twenty two to twenty seven (both ^t^s Act 187^' to
included,) sectio'^.s twenty nine and thirty be deemed pa.t of
two, sections thirty nine to forty three (both this Act.
included,) sections forty six to fifty (both

included,) and section fifty two of " The
Settled Estates Act, 1878,'* shall be deemed
to be incorporated in this Act as if they
were herein expressly enacted and shall con-
tinue to be so incorporated notwithstand-
ing that such Act may be subsequently re-
pealed ; and when in any of the said sections
the word ** lease" occurs, the words "such
contract as mentioned in this Act" shall be
deemed to be substituted therefor.

3. The power and jurisdiction by this Act rpj^^ Court to ex*
conferred, on the court, shall be exercised, ercise its power i»c-
subject to and in accordance with the pro- cordinpr to sections
visions incorporated in this Act bv the last ^♦^ settled Estates
preceding section. ' 4?s Act"^"**^ '"*

4. It shall be lawful for the court if it The Court may
shall deem it proper and consistent with a authorise contracti
due regard for the interests of all parties *^ ^® made for the
entitled under any settlement to authorise ^^^^^^^^ ^^^J^^l
contracts to be made for the manufacture Elates at Co-opera-
into sugar of the canes grown on settled tive Factories.

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LAWS OF BARBADOS

estates at co-operative factories on the basis
that the propiietors of plantations situate
near or contiguous to each other should
combine and should enter into a contract
on a basis of co-operation and mutual bene-
fit with any company or person that might
be willing to erect at their or his expense
a sugar factory for the use of the planta-
tions of such combined proprietors, namely ;
on the terms that such combined proprie-
tors shall send all the canes grown on such
plantations to such fcict<Ty for manufacture
into sugar, and that the owner or owners of
such factory shall accept payment in kind
for the use of such factory, and shall retain
by way of remuneration one fifth or one
fourth or such other proportion of the sugar
produced from the canes delivered to such
factory as shall be agreed on between the
contracting parties and shall deliver the
remainder of such sugar to the proprietors
of the said combined plantations in the
shares and proportions in which they shall
• be entitled to the same ; such contracts to
be on such terms and to contain such cove-
nants, conditions and stipulations as the court
shall deem expedient or shall approve of
with reference to the special circumstances
of each estate.

The Court may 5. (1.) In the case of plantations, which now
direct a Eeceiver of are or may hereafter be cultivated andman-
^^y plantation ^ged under the direction and control of the
^ontlV^^^^^^ }^ ^^^^^ be lawful for the court to

contract with a co- authorise a contract to be made for the
operative factory on manufacture into sugar of the juice con-
behalf of all persons tained in canes grown on any such plan-
interested, tation at a co-operative factory, on the
basis and in the manner hereinbefore
set forth ; and when any such contract

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SESSION OF 1889-^90.

has been sanctioned by [tbe court, the court
shall direct the receiver of the rents and
crops of the said plantation to execute the
same on behalf of the owners, mortgagees,
and all persons interested in the said
plantation ; and the contract executed
Dj such receiver, shall have the sanie Tilid-
ity and effect in all respects as it would have
if such receiver wer^ at the time of the
execution thereof absolutely en tit kd to such
plantation.

(2.) No contract shall be authoris^nl bv the Consent of owners
court under the first part of this se(;tion ex- ^^^ incumbrancers
cept with the concurrence or coLseiit of the l^^^^^ ^Jer fiist
owners, mortgagees, incumbrancers, and part of this section,
all persons interested in the plantation to
which such contract relates.

6. No contracts authonsed to be made by Contracts under
the two last preceding sections of this Act, for two Ust preceding?
the manufacture into sue^ar of canes grown 8e^tion8 of this Act

i.i.1 J 1 i. i.' X i. 1 not to exceed forty

on settled plantations or estates, or on plan- yg^^^

tations or estates under the direction and

control of the Court of Chancery, at a

co-operative factory on the basis and in

the manner set forth in section four of

this Act shall be for a longer period than

the te*-m of forty years.

7. Any person having or beneficially in- Persons having
terested in anv mortgage, lien, or charp^e on or ^^*^"^ against such
affecting any plantation which now is or .ray P^ftS^^XrencLf
hereafter be culUvated and managed under ^u others havin'^
the control of the court as aforesaid, may iieT>s apply to the
apply to the court to sanction such contract Court to sanction
as dforesaid, and every sucli application must such contract.

be made with the concurrence or consent of
every other person having or beneficially in-
teres'ed in any mortgage, lien, or charge on
or affecting the said plantation.

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LAWS OP BARBADOS

Trustees and cor- 8* It shall bo lawful for any trustees or
^rations ha^g trustee, corporation, or society, haying
pUntltionl^may "* ^^^y Subject to the trust belonging to the
consent to a contract corporation or society (as the case may be)
between owner of invested on security on or over any planta-
the plantation and tions to consent to any such contract as
factory respectively aforesaid being made between the owners or
owner or persons beneficially interested in
such plantation, and the proprietors of such
co-operative factory as aforesaid, and the
responsibility of such trustees or trustee,
corporation or society shall not be increased
by reason of their having given such con-
sent.
Contract executed 9. When any contract such as is indicat-
under the provisions ed in section four of this Act has been
wi^thellnd "^ entered into between the owners and others
beneficially interested in a plantation with
the consent of the incumbrancers thereon
(if any) on the one part, and the owners of
any co-operative factory on the other, or has
been executed under the provisions of this
Act, the burden and benefit of such contract
shall run with the land ; and it shall be
binding and enjoyed by all and every person
and persons who* shall thereafter in any way
acquire any estate or interest in the said
plantation.
The owners of a 10. It shall be lawful for any company or
co-operative factory person who shall be under any contract to
bo^h ^alrolT'^nhh' ®^^^^ * co-operative factory in this Island, to
roads ^or^landr in^ ^^y ^^^"^^ tramways to facilitate the delivery
tervening between of the canes to the factory, and such tram-
the plantation of an ways may be constructed, subject to the
owner who has mikde provisions hereinafter mentioned on and

•^ owned by any of the persons who shall have
entered mto such contract as aforesaid, with

Digitized by VjOOQIC

SESSION OF 1889-^90.

the owDers of a factory should intervene be-
tween one or more of the plantations, whose
owners have made such contract, and the
said factory, it shall be lawful to construct
such tramways subject to the provisions
hereinafter mentioned across such interven- Certain secti^ of
ing lands. Section two, sections six to fif- ^"^^*^]J^
teen (both included) sections thirty three, limited, .^t 1884,
thirty four, thirty six, thirty eight and to be incorporated
forty, and sections forty two to forty five with this Act.
(both included) of " The Bridgetown Tram-
ways Company, Limited, Act, 1884,** shall
be incorporated with this Act and shall con-
tinue to be so incorporated notwithstanding
that such Act may be subsequently repealed ;
and the tramways authorised by this Act
on and across public roads, shall be
constructed and maintained, subject and
in accordance with the provisions, regu-
lations, and restrictions contained in the
said sections of the said Act, and the
gauge of such tramways shall not exceed
the limit fixed by section five of that
Act, and the Commissioners of Boads shall
in respect of such tramways, have the same
powers as are conferred on them by sections
twenty and twenty one of the said Act in
respect of tramways constructed imder its
provisions. Sections thirty two to ^^rty ^^^J^*^ J®^^
(both included,) forty five to ninety five ^i^ay C^m^j'B
(both included,) and one hundred and twenty Act shall be incorpo-
four to one hundred and fifty one (both in- rated in this Act.
eluded,) and sections one hundred and seven-
ty five, one hundred and seventy eight, one
hundred and seventy nine, one hundred
and eighty one, one hundred and eighty
eight, one hundred and eighty nine, one
hundred and ninety one, one hundred and
ninety three^ one hundred and ninety nine

Digitized by VjOOQIC

LAWS OP BARBADOS

and two himdred and thirteen, of " The Bar-
bados Eailway Company's Act," shall be
incorporated with this Act, and shall con-
tinue to be so incorporated, notwithstand-
ing that such Act may be subsequently re-
pealed, the word ** tramway^' being substi-
tuted for the word '* railway ;'* and the
tramways authorised by this Act across the
lands of any plantation, shall be constructed
subject to and in accordance with the pro-
visions, regulations, and restrictions con-
tained in me said sections of the said last
Gauge of the mentioned Act, and the gauge of such
Tramways. tramways shall not exceed the limit men-

tioned in The Bridgetown Tramways Com-
pany, Limited, Act, 1884
Machinery and- H. The machinery of all descriptions im-
other articles re- ported to be used in the construction of the
^tory Mid Tram- ^* co-operative factory to be erected under
ways under this Act *^6 provisions of this Act and in laying
to be exempt from down tramways connected therewith, shall
d^^« be exempted from all duties and imposts of

every kind.

BepeaL

Bepeal and lav- 12. The Acts mentioned in the schedule to
ings. this Act annexed are hereby repealed pro-

vided that this repeal shall not effect ;

1. The past operation of the enactments
hereby repealed nor anything done or
suffered under the enactments hereby
repealed; nor

2. any right, privilege, obligation or lia-
bility acquired, accrued, or incurred
under the enactments hereby repealed ;

3. any penalty, forfeiture, or punishment
incurred in respect of any offence com-
mitted agitinst the enactments here-
by repealed ;

Digitized by VjOOQIC

SESSION OF 1889.'90.

4. any investigation, legal proceeding or
remedy in respect of such right, privi-
lege, obligation, liability, penalty, for-
feiture, or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried on
as if this Act had not passed.

SCHEDULE.

Date of Act.

Title of Act.

Extent of
Eepeal.

2 July 1887

An Act to encour-
age and facili-
tate the estab-
lishment smd
working of co-
operative sugar
factories in this

Island

ThewholeAct.

25 April

An Act to amend

1888...

"The Co-opera-
tive Factory Act

1887."

ThewhoIeAct

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LAWS OF BARBADOS

CAP. XV.
(Aisented to Uth March 1890.)

BARBADOS.

A Bill entitled, An Act to consolidate the Acte
relating to signal stations.

> E it enacted by the Goyemor, Council
and Assembly of this Island, and by
the authority of the same, as follows : —
Short title. !• '^^^ -^ct may be cited as, ** The Signal

Stations Act 1890."

Vesting Icmd in Executive Committee,

Signal Stations 2. A.11 and every the buildinp and lands
vested in Executive ^longing to, and connected with the
Committee. several signal stations called Moncrieffe,

Cotton Tower, Dover Fort, Grenade Hall,
and Highgate, together with the rights,
members, easements, and appurtenances
to the same respectively belonging, and the
signal station, and the signalmen's quarters
at Gun Hill, with the land on which they
stand, shall be and become and remain and
continue vested in the Executive Commit-
tee.

Signal Stations. When used.

Signal Stations to 3. The signal stations at Gun Hill,

be nsed as such only Moncrieffe, Cotton Tower, Dover Fort,

on special occasions, (jr^jj^^^ Hall, and Highgate, shall hence-

forward be used as signal stations on such

occasions only as the Govemor-in-Executivt

Committee shall determine.

Repeal.

Repeal and sav- ^* ^^® -^^^ mentioned in the schedule to
ings. this Act are hereby repealed; provided

always that this repeal shall not affect ;

Digitized by VjOOQIC

45
SESSION OF 1889.*90.

1. The past operation of the enactments

hereby repealed nor anything done or
suffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation, or lia-

bility acquired, accrued, or incurred
under the enactments hereby lepeal-
ed ; nor

3. any penalty, forfeiture, or punishment

incurred in respect of any offence
committed against the enactments
hereby repealed ; nor

4. any investigation, legal proceeding or

remedy in respect, of any such ri^ht,
privilege, obligation, liability, penalty,
forfeiture, or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed.

Digitized by VjOOQIC

46
LA.WSOFBABBADOS

•

^ ^

•3

■1 s

.*3

-s «

^ .2

1 1

-2

in the Commissioners ap-
theActofthe 10th No-
he buildings and lands of
signal stations in this Is-
ed in Her Majesty's Sec-
for the War Department
ine for the establishment
f tiift samA -

'Ovision for discontinuing
signal stations as such,
g the signal men.

■3

for vesting
ited under
.berl856, 1
ain of the
[ now vest
ly-of-State
for provid
working o
to make pi
use of the
pensioning

fi fi

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-g

"^ 00

■S

1 i

S 1

;S M

C4 00

Digitized by VjOOQIC

SESSION OF 1889.'9a

CAP. XVI.

(Assmted to llth March 1890.)
BARBADOS.

An Act to consolidate the Acta relating to the
settlement of the poor and prevention of
bastardy,

BE it enacted by the Governor, Council
and Assembly of this Island and by
the authority of the same as follows ; —

Short title,

1. This Act may be cited as " The Settle- short title
ment of the Poor and Bastardy Act, 1890."

Settlement of poor.

2. No poor person shall be granted by When parochial
any vestry or churchwarden any relief, relief to be refused
schooling or medical aid in | any parish to ^ P^'^ persons,
which he or she shall not belong, and have

a settlement in, according to the rules of
settlement herein laid down ; but it shall be
lawful and the bounden duty of every
churchwarden, overseer of poor, constable, Churchwardens,
police officer, and justice of every parish to ^^^^ ^^^^ *^
apprehend all vagrants and beggars and g^ante^Ind beggm
to take them to any police magistrate, and to deal with
of the parish in which they are found, and tbem as herein pro-
the said police magistrate shall if such per- vided.
son is a pauper proceed to ascertain and
fix the settlement of the said person (if he
or she shall have no certificate of settlement)
as hereafter laid down, and when ascertained
shall dispose of the said pauper in his par-
ish, or shall remove him or her by warrant
directed to some constable, or in case of
necessity, to any person who shall deliver
him or her to the churchwarden of the par-

Digitized by VjOOQIC

LAWS OP BARBADOS

ish to which the said pauper shall be ad-
judged to belong, to be by him lodged in
any almshouse or workhouse which may be es-
tablished or hereafter be erected in the par-
ish to which the said pauper shall belong,
to be subject to such rules and discipline,
and moderate labour, as shall be established,
by the Guardians of such house, and approv-
ed by the Govemor-in-Executive Committee.
Settlement of ^' Whenever any question shall arise as

poor by whom to to the settlement of any pauper in this Is-
be determined. land, the churchwarden or overseer or guar-
dian of the poor of any parish, where any
such pauper shall be found, shall bring such
question before the police magistrate, of the
parish where such pauper shall be, in a
summary manner ; and such police magis-
trate shall proceed to take evidence and try
and determine the question in a summary
manner ; and on deciding such question, the
police magistrate shall send a certified copy
of the proceedings to the chuichwarden of
the parish wherein the settlement is fixed
within seven days, and if no appeal is made

-, , . after twenty one days, shall cause such pau-

Eemoval of paup- ^ v "^ j / i • • i*^ i

pers to theu- propw ^^^ ^ ^® removed to his proper pansh by
parishes. warrant under the hand of the police magis-

trate, dil*ected to any sworn constable, who
shall deliver such pauper to the almshouse
of the proper parish ; and the said church-
warden shall countersign the said certificate,
and dispose of the said pauper as authorised
by law ; Provided always that the said
police magistrate shall be guided in his deci-
sion by the following rules of settlement ;
namely,
Eules to be ob- i* Th© place of birth ; provided al-

served by Police ways that in case a woman hav-

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49
SESSION OF 1889-'90.

ing a settlement in one parish shall Magistrate in deter-

be brought to bed in another, then ^^^^^ sett glement.

the child so bom shall follow the

settlement of the mother, and the

woman shall follow the settlement

of her husband,
ii. The parish in which such person

shall have been last an apprentice

for one year,
iii. The last place where he or she

shall have been an owner or rent-
er for one year.

Appeal.

4 It shall be lawful for the churchwar- Churchwardens
dens or overseers or guardians of the poor overseers or guar-
of the parishes respectively from or to ^^^f^ ^nd ^y
which any pauper shall be transferred, or in person whomsoever
which any pauper shall be declared entitled aggrieved by any
to a settlement, and the pauper himself or decision of Magis-
any other person whomsoever who shall *'^**® ™*y appeal,
think himself aggrieved by any decision,
sentence, or judgment of any police magis-
trate, given under the authority of section
three of this act to appeal therefrom to the
Assistant Court of Appeal, in the same man-
ner as is usual in other cases ; and any per-
son who shall desire to appeal to the said
Assistant Court of Appeal shall make known
such his intention to the police magistrate
by whose decision he consider himself ag-
grieved within twenty one days after the
pronouncing of the same,and shall also with-
in the same time give to the churchwarden,
overseer, or guardian of the poor of the par-
ish in which such pauper shall be declared
entitled to a settlement and to the church-
warden, overseer, or guardian of the poor,
who may prefer any complaint either rela-

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LAWS OP BARBADOS

ting to the government and ordering of the
poor or the prevention of bastardy, or other
the person making any such complaint,
notice of such appeal, ana the police magis-
trate from whose decision the appeal is made
shall under a penalty of five pounds in case
of default, within six days after receiving
such notice, (unless the appellant shall in
the meantime declare to the police magis-
trate his intention to abandon the said ap-
peal), send in to the Clerk of the Assistant
Court of Appeal a correct copy of the pro-
ceedings in the case appealed from, certified
under his hand for the information of the
Assistant Court of Appeal, and any
such penalty as aforesaid shall be recover-
ed as in the case of servants' wages
and paid into the public treasury for the
uses of the Island ; and upon such proceed-
ings as aforesaid being lodged with the said
Assistant Court of Appeal, the same pro-
ceedings shall be had and taken in respect of
such appeal as is usual in appeals to the
said Assistant Court of Appeal from the de-
cision of the police magistrates ; provided
always that in cases of appeal in bastardy
whenever the order of the police magistrate
shall be confirmed wholly or in part, the
costs and charges for maintenance of any
child shall be calculated from the birth of
the child, and paid to the churchwarden of
the parish in which such child shall be found,
for the uses of the said child.

Maintenance of relations

fathera'mottT^" ^' '^^^ fathers and grandfathers, mothers
and ^d'^motheM and grandmothers, and the children of any
if able compelled to poor, old, lame, blind, impotent person, or

Digitized by VjOOQIC

SESSION OF 1889.'90.

other poor person not able to work, being relieve and main-

of sufficient ability to maintain the same, ^^^ *^*

shall relieve and maintain, at their own

charge and expense, such poor person, in

such manner, and according to that rate,

as by the police magistrate of the parish

where such sufficient person shall dwell,

shall be assessed, upon pain that every one

of them shall forfeit a sum not exceeding

twenty shillings for every month which they

shall fail therein.

6. Every man who shall marry a woman, Husband to main-
having a child or children at the time of |f^7^^\^^f jj^^^^^
such marriage, whether such child or chil- marnkge &c. till
dren be legitimate or illegitimate, shall be the age of sixteen
liable to maintain such child or children or the mother's
as a part of his family, and shall be charge- ^«ath.

able with all relief, or the cost price there-
of, granted to or on account of such child
or children, until such child or children
shall respectively attain the age of sixteen,
or until the death of the mother of such
child or children ; and such child or child-
ren shall for the purposes of this Act be
deemed a part of such husband's family
accordingly.

Constable's fees Constables to be

7. All constables or persons shall, for re- V^^ *heir fees by
moval of paupers or other duties performed *^® ^dXi^s'^d'^^"
under this act, be entitled from the church- ^mder this^lct.^^^
warden of the parish complaining to the

same fees as for executing warrants of the
same distance, and the said churchwarden
shall be allowed the same on the settle-
ment of his account with the vestry.

Settlement of a bastard child.

8. Every child which shall be born a Bastards, settia-

Digitized by VjOOQIC

LAWS OF BAEBADOS

ment and provisions bastard shall have and follow the settle-
respecting. ^g^j^ ^f the mother of such child, until

such child shall attain the age of sixteen
years, or shall acquire a settlement in its
own right ; and such mother, so long as
she shall be unmarried, or a widow, shall
N be bound to maintain such child as a part

\ of her family, until such child shall attain

\ the age of sixteen years, and all relief grant-

I ed to such child, while under that age,

shall be considered as granted to such
mother ; provided always that such liabil-
ity of such mother shall cease on the marri-
age of such child, if a female.

Orders and pencdties,

me^^^orm'n^ ^c ^' ^^^^^^ ^*^® ^^^ payment of money
to^^be^eirforc^ ^ and penalties incurred under the preceding
in case of servants sections shall be enforced, levied, and raised
wages. as in the case of servants' wages.

Maintenance of hasta/rd children.
Putative father 10. Any single woman who either before
to be suimmoned by ^^^ passing of this Act shall have been or
on^'lppuXr^shaU be delivered of a bastard child and
bastarcrs mother, shall be unable to provide for its mainte-
nance may make application to the police
magistrate of the parish in which she may
reside for a summons against the alleged
father of the child, and such magistrate
shall thereupon issue his summons to the
person alleged to be the father of such
child to appear before him on a day to
be named in the summons.
Magistrate may 11. On the appearance of the person so
make aii order on summoned, or on proof that the summons was
for tf e mSite^^ ^^l ««"«!, or left at his last known place
of bastard child. of abode within a reasonable time before the
hearing, the magistrate shall hear the evi-

Digitized by VjOOQIC

SESSION OF 1889-'90,

dence of the mother of such child and such
other evidence as may be adduced on behalf
of the complainant, and also the evidence
adduced by or on behalf of the alleged
father of the child, and if the evidence of
the mother be corroborated in some mate-
rial particular by other evidence to the satis-
faction of the magistrate, he may adjudge
the iperson summoned to be the putative
father of such bastard child, and make an
order on the put;ative father for the pay-
ment to the mother of the bastard child or
to any person who may be appointed to
have the custody of such child under the
provisions of this act of a sum of money,
weekly or otherwise, not exceeding at the
rate of five shillings a week for the main-
tenance of the child, to be recovered as in
the case of servants wages.

12. All money payable under any order Money paid under
as aforesaid shall be due and payable to the such order to be
mother of the bastard child so long as she paid to the mother
lives and is of sound mind, and is not in ^^, ^^ ,*.P^^^° *P'
prison, and maintains the child, and after j^^^^^^f ^^ *^^ "^S"
the death of the mother of such child, or
while she is of unsound mind or confined in
prison, or if it be shown to the satisfaction
of the magistrate that she does not maintain
the child, any police magistrate may, if ne
thinks fit, from time to time appoint some
person who with his own consent shall have
the custody of such child during the time
that it is not chargeable to any parish, and
such magistrate may revoke the appoint-
ment of such person and appoint another
person in his stead, and every person so
appointed to have the custody of such child,
shall, so long as such child is not chargeable
to any parish, be empowered to make appli-

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54
LAWS OF BARBADOS

Duration of Mag-
istrate's order.

Payments for
bastard ciiildren
chargeable on any
parish

Churchwarden,
guardian or inspec-
tor of poor may re-
cover cost of relief
of bastard children
in certain cases.

cation for the recovery of all payments be-
coming due under the order of court in the
same manner as the mother might have
done.

13. No order made under this act for the
maintenance or for contribution towards the
relief of any such child made in pursuance
of this act shall, except for the purpose of
recovering money previously due under
such order, be of any force or validity after
the child in respect to whom it was made
has attained the age of twelve years or after
the death of such child.

14. When and so often as any bastard
child for whose maintenance an order has been
made by a police magistrate on the applica-
tion of the mother shall become chargeable
to any parish, the churchwarden, a guardian
or inspector of poor of the parish in which
such child shall be so chargeable shall be
entitled to receive on behalf of the parish
and to recover in the same manner as the
mother might have done, the payments then
due or becoming due under the said order as
may accrue during the period for which
such child is chargeable.

15. When a bastard child becomes charge-
able to a parish, the churchwarden, a guar-
dian, or the inspector of poor of such
parish may apply to the police magistrate
of the parish, who shall summon the man
alleged to be the father of the child to shew
cause why an order should not be made upon
him to contribute towards the relief of the
child, and upon his appearance or on proof
that the summons was duly served upon
him, or left at his last place of abode within
a reasonable time before the hearing, such

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SESSION OP 1889.'90.

police magistrate shall hear the evidence of
the mother and such other evidence as may
be produced and shall also hear any evidence
tendered by or on behalf of the person alleg-
ed to be the father, and if the evidence of the
mother be corroborated in some material
particular by other evidence to the satisfac-
tion of the police magistrate, he may adjudge
the man to be the putative father of such
bastard child, and may proceed to make an
order upon such putative father to pay to
the guardians of the poor of the parish, such
sum, weekly or otherwise, not exceeding
at the rate of live shillings per week, to-
wards the relief of the child during such
time as the child shall continue or after-
wards be chargeable as shall appear to him
to be proper ; and any payment so ordered
to be made shall be recoverable by the
churchwarden, a guardian, or the inspector
of poor in the same manner as under an or-
der obtained by the mother ; provided as
follows ;

i. No payments shall be recoverable
under such order except in respect
of the time during which the child
is actually in receipt of relief,
ii. An order imder this section shall
not be made, and if made, shall
cease, except for the recovery of ar-
rears, when the mother of the
child has obtained an order under
this act.
iii. An order under this section shall
not be made, and if made shall
cease if and when the mother of the
child is in a position to maintain
such child.

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LAWS OP BARBADOS

iv. Nothing in this section shall re-
lieve the mother of a bastard child
of her liability to maintain such
child.
Punishment of 16. If the mother, or person adjudged to
mother or putative be the putative father of a bastard child, shall

s^rtkm ^of ^b^tard ^®®®^ ^^^^ ^^^^^ ^^ H^^* *^^ colony without
chUdren becoming providing for its maintenance and it shall
chargeable on a become chargeable to the parish it shall be
parish lawful for the churchwarden, a guardian, or

the inspector of poor, during the time that
they or either of them shall be liable to con-
tribute to the support of such child, to at-
tach by warrant under the hand of the pol-
ice magistrate of the parish to which such
child has become chargeable, so much of the
goods, chattels and effects of such mother
or putative father as shall when sold, real-
ize sufficient to provide for such child ; and
in case the churchwarden, guardian, or in-
spector of poor can find no goods or chattels,
it shall be lawful for the magistrate to issue
his warrant for the apprehension of such
mother or putative father and to commit him
or her to prison, for any time not exceeding
six months with hard labour ; provided al-
ways that if such mother or putative father
can find sufficient security for the mainten-
ance of such child for such time as the mag-
istrate may determine, and the costs of the
proceedings, such mother or putative father
shall be released.

Order on putative father may he varied or
annulled.

Review of orders 17. The putative father of any bastard

^a"" HcLt^^or ""Z ^^^^^ ^^ ^.^^^ ^" ^^^^^ ^^^ *^® maintenance

tative father. ^^ ^MGh child has been made at the instance

either of the mother or churchwarden, guar-

Digitized by VjOOQIC

SESSION OF 1889.*90.

dian, or inspector of poor, may apply to the
police magistrate wlio made such order or
his successor in ofl&ce, to review such order,
and such police magistrate, shall review such
order, and if upon such review such police
magistrate shall be satisfied that the mother
of such bastard child is able either wholly or
in part to maintain such child, he shall annul
or vM-y his order accordingly.

Repeal,

18. The Acts mentioned in the schedule Repeal and sav-
to this Act annexed are hereby repealed ; inj?8-
provided that such repeal shall not affect ;

1. The past operation of the enactments
hereby repealed nor any thing done or
suffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation or lia-
bility acquired, accrued, or incurred
under the enactments hereby repealed ;
nor

3. any penalty, forfeiture, or punishment
incurred in respect of any offence com-
mitted against the enactments hereby
repealed; nor

4. any investigation, legal proceeding or
remedy in respect of such right, priv-
ilege, obligation, liability, penalty, for-
feiture, or punishment as aforesaid, and
any such investigation, legal proceeding
and remedy may be carried on as if this
Act had not passed.

6. Any enactments in which such enact-
ment have been applied, incorporated or
referred to.

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58
LAWS OP BARBADOS

«)

-3

Digitized by Vj005l^

59
SESSION OF 1889.'90.

CAP. xvn.

(Assented to Uth March 1890.)

BAKBADOS.

An Act to consolidate the Acts relating to the
sale of goods distrained or taken under
executions issuing from the inferior
courts,

BE it enacted by the Governor, Council
and Assembly of this Island, and by
the authority of the same, as follows: —

8hort title,

1. This Act may be cited as "The District S^ort title.
Auctioneers Act, 1890."

Appointment of auctioneers,

2. For the purpose of selling goods and '^^® Governor

chattels distrained on and effects levied on ?IfI: ^^^"IrffLi,
, T «; X 1-1 jj 'I auctioneer loreaca

by police officers or constables as aforesaid, police District,
it shall be lawful for the Governor on the
passing of this Act and thereafter as vacan-
cies may occur, to appoint an auctioneer
for each district.

3. Every auctioneer shall enter into bond Each Auctioneer
to Her Majesty, her heirs and succes- to enter into bond,
sors, in the case of the auctioneer for the

City of Bridgetown and District ** A," him-
self in the sum of one hundred pounds, and
two sureties, to be approved of by the Go-
vemor-in-Executive Committee, in the sum
of fifty pounds each, and in the case of the
auctioneers of the other districts, himself
in the sum of fifty pounds and two sureties,
to be approved of by the Govemor-in-
Executive Committee, in the sum of twenty
five pounds each, for the faithful discharge
of the duties of his office, and for th^ du^

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LAWS OP BARBADOS

disposal of all money for which he may sell
any goods.

Account hook».

Auctioneer to use 4. Every auctioneer appointed under this
counterfoil books Act shall be supplied with counterfoil books
for purposes of sale, properly numbered, to be issued from
time to time from the Auditor General's
Office in a form to be prescribed by the Gov-
ernor, and shall upon the completion of
every sale hand to the owner of the goods
distrained on a copy of the counterfoil duly
filled up and signed by him, and shall enter
particulars of each sale, and of all receipts
and payments on account of the sale aflFected
by him under this Act in a book to be kept
by him in a form to be prescribed by the
Governor ; and the said books and the blocks
of the counterfoils, shall at all times be sub
je(* to the inspection of the Auditor
General.

Notice to tenant of distress.

Notice t« be given 5. Whenever any goods or chattels shall
of goods distrained be distrained on for any rents or rates or
oa taxes, the person levying such distress shall,

within twenty four bours after, either leave at
the chief mansion house or other most notori-
ous place on the premises on which the
said ^oods or chattels are distrained on a no-
tice in the form presciibed by schedule
B to this Act annexed ; and any distress
which may be levied without notice being
given as aforesaid shall be and the same is
hereby declared to be illegal.

Eekfm of distress or levy

Writ officers &c. 6. Every writ officer, constable or bailiff

^'^ak^^^t^^m^ ^^^ ®^*^^ ^*^® ^ distress or levy an execu-

execution to ^make ^^^ ^^ ^^y goods or chattels, shall make a

return thereof to return of such distress or levy and the ^oods

Digitized by VjOOQIC

SESSION OF 1889.'90.

taken to the auctioneer of the district where- the District Auc-
in the same are distrained or levied within tioneer.
three days after he shall have made such
distress or levy, and after such return he
shall not receive any such money, or security
for money that may be tendered in satis-
faction of such distress or levy, or deliver up
the goods and chattels which he shall have
taken in distress or execution to any person
except by order of such auctioneer.

7. Whoever shall infringe the provisions
of the last preceding section or either of
them shall be liable to a penalty not exceeding
five pounds to be recovered in a summary
manner before a police magistrate on the
complaint of any person.

Sale of goods taken in execution.

8. When any goods and chattels shall be Time and place
distrained for the recovery of any rent or o^ sale of goods dis-
rates or taxes or shall be taken by virtue of t^^^ined on or taken
executions issuing from the PoHce Magis- ^° ^^^^^ ^<>^-
trates, Judges of the Petty Debt Coiu-ts, or

Judges of the Assistant Court of Appeal, the
same shall be sold not less than ten days
from the service of the notice in the form
prescribed by schedule- B to this Act annexed
by the auctioneer of the district in which
such distress or execution shall have been
made, and in the case of goods and chattels
which can be removed, the same sliall be
sold by such auctioneer at the District
Police Station, save and except goods and
chattels distrained or levied on in the City
of Bridgetown or within the limits of Dis-
trict A. which goods and chattels shall be
sold in the public market of the City of
Bridgetown, and the removal of such goods
^nd chattels and of such effects shall be at

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LAWS OF BARBADOS

the cost of the person on whom the distress
or execution -was made; provided always
that in the case of boarded and shingled
houses the same shall be sold on the spot
where the same were taken in distress or
execution.

Notice of sale.

. .. . . 9. It shall be the duty of every auc-

Aactioneerto set , . • x j j ti.- k ± / ^

up notices relating tio^^^^ appointed under this Act to affix
to sale of goods. seven days at least before the day of
sale a notice in widting specifying the
description of the goods and chattels dis-
trained or effects levied on, the pei'son from
whom the same were taken, and the hour
within which the sale will take place at the
police stations where the same are to be sold,
or in the case of houses to be sold at places
other than the public market or at the police
stations, at the police station, or in the
case of Bridgetown and District A at the
public market, and in the case of boarded
and shingled houses distrained or levied on
he shall affix a copy of such notice not only
at the police station but also on such board-
ed and shingled houses for the immediate
information of the persons in the neighbour-
hood thereof.

Day of sale. .

Day on which 1^- Monday in every week throughout the

sales are to be year, shall be the day of sale at the public
made. market in the City of Bridgetown and at

the police stations of the several districts
of this Island, for all removable goods and
chattels distrained or levied on as aforesaid,
except when Christmas Day shall fall on a
Monday, or when Monday shall be a Bank
Holiday, or shall be set apart by Proclama-
tion for divine worship, in which case, the

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SESSION OF 1889-'9a

sale day shall be the Tuesday of that week
and in the case of houses to be sold on the
spot, the same shall be sold on a day to be
fixed by the auctioneer, which shall not be
less in the case of distraint for rent, or a
levy xmder an execution, of ten days, and in
the case of distress for rates, of not less than
seven days.

Postponement of sale.

11. Where the auctioneer is unable to ob- Auctioneer may
tain a reasonable price for any article exposed postpone sale.

for sale, he may postpone the sale until the
next sale day ; and in case of any such
postponement, he shall renew the notices
required by section nine of this Act

Auctioneer's fees.

12. The auctioneer shall be paid a com- Fees &c. to which
mission of five per cent, on the amount ^S^^^*^®®"^ ^® ^^'
realised by the sale of the goods and chattels ^ ^ '
distrained oo, and of the effects levied on,

and shall be entitled to receive as costs and
expenses in addition to his commission for
selling the sum of one shilling for each
notice of sale set up by him at the district
police station, public market or on any
boarded and shingled house respectively,
and also the travelling expenses at the
rate of one shilling per mile one way in-
curred by him in going to the spot where a
boarded and slungled house may l^e
situated for the purpose of selling it ; pro-
vided always that if the auctioneer shall
have attended at the spot on the day of sale
to sell a house, and the sale is stayed bv
payment of the debt and costs then incurrea,
the auctioneer shall be entitled to receive
an additional fee of two shillings and

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64
LAWS OF BARBAIX)S

Peison against
whom a warrant of
distress for rent
rates or taxes is is-
sued to pay the fee
of 3 shillings to the
Constable Ac, not-
withstanding ten-
der of amount be«
fore distraint is
made or goods dis-
trained sold.

Distribution of
proceeds of sale.

sixpence, and until the costs and expenses
attending a distraint or levy shall be paid
off, the auctioneer shall be at liberty to pro-
ceed to a sale of the goods and chattels.

Constable's fees,

13. ( 1 ) In all cases where a warrant of dis-
tress is issued for the recovery of rent or
rates or taxes the person against whom
the same is issued shall notwithstanding
he may tender the amount sought to be re-
covered before any distraint is made or be-
fore any goods or chattels distrained shall be

' sold by the auctioneer appointed under
. the provisions of this Act, be hable to
pay to the constable or person entrusted
with the execution of such warrant the
like sum of three shillings as he would have
been entitled to receive from such auction-
eer if such constable or person had dis-
trained the goods and chattels of the person
against whom such warrant is issued, and
the same had been sold by such auctioneer.
(2) If the said sum of three shillings
shall not be tendered with the amount
sought to be recovered, the constable or
other person entrusted with the execution of
the warrant, may refuse the amount tender-
ed, and proceed to execute the warrant.

Distribution of proceeds of sale.

14. The auctioneer shall, out of the pro-
ceeds arising from the sale of any goods
and chattels distrained on or effects levied
on, in the first place deduct the commission
costs and expenses hereinbefore allowed
him, and pay to the police officer, constable
or person who distrained or levied, the costs
of any removal of such goods, chattels or

Digitized by VjOOQIC

SESSION OF 1889-'90.

effects, and also in the case of live stock, the
eiq)enses of keeping the same, pending the
sale thereof, (such expenses not to exceed
those specified in schedule A of this Act.)
In the case of a sale of goods and chattels
distrained on he shall within seven days after
the sale, further pay to the constable or
other person who levievl the distress a fee of
three shillings, and to the landlord the
amount distrained for, and the overplus (if
any,) he shall pay to the owner. In the
case of a sale of effects levied on under an
execution, he shall within seven days after
the sale pay into the court out of which
the same shall have issued the amoxmt
stated on the writ of execution together
with the charges for issuing and levying
the same, and the overplus, (if any), he shaU
pay to the owner.

JJndistrihuted proceeds,

15. Whenever the auctioneer appointed Proceeds of sale
under this Act shall not have applied in the if undistributed by
manner provided for by the last preceding the Auctioneer for
section of this Act the moneys in his hands 21 days after sale
arising from the sale of any goods and chat- J^iWic^easw
tels distrained or effects levied on, or any ^ ^'
part of such moneys for the space of twenty

one days next after such sale, or if he shall
be unable from any cause whatever to so
apply the same he shall immediately after
the expiration of such period of twenty one
days pay such moneys into the public trea-
sury and forward the receipt of the Treasur-
er of the Island for the same to the Auditor
General when the next audit of his accounts
is to be made.

16. Any person entitled to any moneys payment out of
so paid into the public treasury as aforesaid public treasury of

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LAWS OF BARBADOS

money paid in under and desiring to obtain the same shall apply

last preceding sec- therefor to the Govemor-in-Executive Com-

*^°' mittee who is hereby authorized to direct

payment thereof to such person or persons

as the €K)vemor-in-Executive Committee may

deem entitled thereto.

PencUty.

Penal section. 17. In the event of any auctioneer ap-

pointed under this Act failing to comply
with the provisions of sections lourteen and
fifteen of this Act, he shall in addition to any
other remedy which can be brought against
him on the complaint of any person, incur a
penalty not exceeding five pounds to be re-
covered before the police magistrate of his
district and to be levied and raised as in
the case of servants' wages.

Repeal.
Repeal and sav- ig. The Acts mentioned in schedule "C '*
*°^*' to this Act are hereby repealed ; provided

that this repeal shall not affect ;

1. The past operation of the enactments

hereby repealed nor anything done or
suffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation, or liabil-

ity acquired, accrued, or incurred
under the enactments hereby repealed ;
nor

3. any penalty, forfeiture, or punishment

incurred in respect of any offfence
committed against the enactments,
hereby repealed ; nor

4. any investigation, legal proceeding or

remedy in respect of any such right,
privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid,

Digitized by VjOOQIC

SESSION OF 1889-'90.

and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed.

SCHEDULE A.

Charges for the keep of live stock per diem.

£ s. D.

Horses or mules each 1 0

Catth or asses, each 6

Hogs, sheep or goats, each... 3

SCHEDULE B.

Notice of Distress \_for rent or rates
or &c.y (as the case may he,) ]

To C. D. and all others whom it may concern
Take notice that I. ft. S. as agent of and
for A. B., Esquire, [your landlord, or Paro-
chial Treasurer of , or (as the case

Digitized by VjOOQIC

LAWS OP BARBADOS

may be) ] have this day distrained on the
premises [in your occupation or possesion,
(if the fact be so) ] named in the inventory
hereunto annexed, the [cattle] goods and
chattels mentioned in the said inventory, for
£ being the amount due to the said

A. B. on the day of for [rent of

said premises : or rates or (as the case may
be)] : And unless you pay the said sum of
£ with the charges of distraining for

the same within [seven (in case of rates) ten
(in the case of rent) ] days from the service
hereof, the said [cattle] goods and chattels
will be sold according to law. [If live stock
or goods are removed mention the place thus,
** -Aiid take notice that the said [cattle or
goods] have been removed to and are now at

Dated this day of 18 .

E. S.

Agent of A. B.
[or A. B. of ]

Inventory of goods and chattels taken (To
be filled in with particulars above referred to.

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69
SESSION OF 1889'90.

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Digitized by VjOOQIC

70
LAWS OF BAEBADOS

CAP. XVIII.

(Assented to 11th March 1890,)

BARBADOS.

An Act to consolidate and amend the Acts
relating to the General Agricultural
Society and Beid School of Practical
Chemistry,

JE it enacted, by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows ; —
Short title. 1- This Act may be cited as " The Agri-

cultural Society's Act, 1890."
The members of 2. The present and all future members of
the General Agri- the General Agricultural Society and Reid
cultural Society and School of Practical Chemistry shall be, and
ti^l Chemiste^T" ^^^^ ^^® hereby declared and adjudged to
ctoedtX'one^bodyH one body politic and corporate, by the
politic and corporate name of "The Agricultural Society'* and
&c, by that name shall and may have perpetual

succession, and shall and ihay sue and be
sued in all courts and before all magis-
trates, and others, in all actions, suits,
complaints, matters and causes whatsoever,
and shall and may have a common seal, and
the same may vary and alter at their
pleasure ; and by the name aforesaid shall
be in law capable of holding all such
estate, real and personal, as hatb been
already acquired by them, and of having,
taking, and holding forever hereafter, other
estate, real and personal, either byj'purchase,
gift, devise, or legacy, for the public use and
benefit of the said society ; provided never-
theless, that such real estate shall not exceed
in value at any time the sum of two thou-
sand pounds.

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71
SESSION OF 1889-^90.

3. The members of the said society, or Corporation may
any five of them, shall have full power and °^^® byelawa and
authority to make, ordain, establish, and put ^^ "^^^^^es.

into execution any bye-laws, ordinances, or-
ders, rules and regulations for and concern-
ing the nomination, election, suspension,
removal, and expulsion of members and offi-
cers, and the management, collection, and
disposal of the funds, moneys or estate be-
longing to the said society, and for conduct-
ing and regulating the business affairs and
concerns of the said society, and relative to
any other matter or thing whatsoever which
may in any wise concern the good govern-
ment of the society, and the same from
time to time to change, repeal, or vary as
may seem proper : provided always, that
no such bye-laws, ordinances, orders, rules,
and regulations be in any wise repugnant or
contrary to her Majesty's prerogative royal,
or to the laws of Great Britain or this Is-
land ; and that the same shall not in any
manner affect any other person or persons
than those who are or may become members
of the said society ; and it shall be lawful
for the members of the said society, or any
five of them, to fix and appoint in all or any
of such bye-laws, ordinances, orders, rules,
and regulations, all or any reasonable and
adequate fines, forfeitures, and penalties for
the non-observance, non-performance, or
breach thereof, and for enforcing the due
observance thereof.

4. The sum of two hundred and fifty ^250 to be paid
pounds is hereby granted to the said Socie- ^^^ Society every

ty to be paid to them in every alternate ji^^'^J,^ ^'^o"^
•^ ^ • r xi- J. 1890 and jei50 every

year commencing from the present year one alternate year from
thousand eight hundred and ninety. And i891,
the further sum of one hundred and fifty

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LAWS OP BARBADOS

pounds is hereby granted to the said Society
to be paid to them in every alternate year
commencing from the year one thousand
eight hundred and ninety one.

The Society to ac- 5. The said Society shall make an annual
count each year for statement to the Legislature of the appro-

thegrantofthepre-pj^ationof the grant made to them in the

V10U8 year. '^ ■,. i.- u r •

•^ preceding section hereof m every year, pre-

vious to drawing the grant payable for the
next following year.

How payments un- 6. All payments to be made under this
der this Act are to Act shall from time to time be made on the
be made. warrants of the Govemor-in-Executive Com-

mittee.

Fines incurred by 7. All fines, forfeitures, and penalties to
breach of bye-laws be incurred by virtue of any bye-law, ordi-
to be recoverable in nance, order, rule, or regulation to be made
a Nummary manner, ^^^^.^^^^j^^ esUblished as aforesaid, and
all sums to become due to the said society
from any of the members of the said society,
shall be sued for and recovered in a sum-
mary way before any police magistrate on
the complaint of any member of the said
society, as in the case of servants* "wages ;
and all and every the police magistrates,
are hereby authorized and required to take
^ cognizance thereof accordingly ; and all

fines, forfeitures, and penalties when receiv-
ed, or the overplus thereof, after deducting
necessary charges, shall be paid into the
hands of the treasurer of the said society for
the time being, for the use of the said society.

Act to be deemed 8. This Act shall be deemed and taken to
a public Act. be a public Act and shall be judicially taken

notice of as such by all judges, police magis-
trates, and other persons, without being
specially pleaded.

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7S
SESSION OF 188».'90.

9. The Acts mentioned in the schedule to Repeal and sar-
this Act annexed are hereby repealed ; pro- ixtga.
Tided that this repeal shall not idSTect ;

1. The past operation of the enactments

hereby repealed nor an)rthing done or
suffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation, or liabil-

ity acquired, accrue^ or incurred
under the enactments hereby repeal-
ed; nor

3. any penalty, foifeitore, or punishment

incurred in respect of any offence
committed against the enactments
hereby repealed ; nor

4. any investigation, legal proceeding or

remedy in respect of any such right,
privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried
' on as if this Act had not passed.

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LAWS OP BARBADOS
SCHEDULE.

Date of Act,

12th July
1856..

10th Janu
ary 1889.

Title of Act.

An Act to incor-
porate the Gen-
eral Agricultur-
al Society and
Reid School of
Practical Chem
istry.

An Act to make
an annual grant
to the Q-eneral
Agricultural So-
ciety and Reid
School of Prac-
tical Chemis-
try.

Extent of
repeal.

The whole Act.

The whole Act

Short title.

Good Friday &c.,

CAP. XIX.

(Assented to llth March 1890.)

BARBADOS.

An Act to consolidate the Acts relating to hills
of exchange, and cheques.

BE it enacted by the Governor, Council,
and Assembly of this Island and by
the authority of the same, as follows ; —

1. This Act may be cited as "The Bills of
Exchange Act, 1890."

Bills payable on Holy Boajs,

2. Good Friday, Christmas Day, and every

Digitized by VjOOQIC

SESSION OF 1889-'9a

day appointed by proclamation for a day of as regards bills of
solemn fast or day of thanksgiving is and l^^^lJ^;^^^^
shall, for all other purposes whatsoever, as "^^^ u y.

regards bills of exchange and promissorv
notes, be treated and considered as the Lord s
Day, commonly called Sunday.

3. In all cases where bills of exchange or ^ BUls of exchange
promissory notes shall become due and pay- Go^^ fS &r
able on Good Friday, Christmas Day, or on g^^^U be ^jMe on
any day of fast or day of thanksgiving so the prece^g day.
appointed by proclamation the same shall

be payable on the day next preceding Good
Friday, Christmas Day or such day of fast or
day of thanksgiving, and, in case of non-
payment, may not be noted and protested
on such preceding day.

4. In all cases where bills of exchange or Notice of dishon-
promissory notes shall be payable either l^^\ ^^^ hLom^
under or by virtue of this Act or otherwise in^^^© oii* the day
on the day preceding any Good Friday, or preceding G^eod
on the day preceding any Christmas Day, Friday Ac, may b«
or day of fast, or day of thanksgiving, it giy®» ^^ *^® ^*y
shall not be necessary for the holder or ^^^'

holders of such bills of exchange and prom-
issory notes to give notice of the dishonour
thereof until the day next after such Good
Friday, Christmas Day, or day of fast, or day
of thanksgiving and whensoever Christmas
Day, or such day of fast, or day of
thanksgiving, shall fall on a Monday it
shall not be necessary for the holder or
holders of such bills of exchange or prom-
issory notes as shall be payable on the pre-
ceding Saturday to give notice of the dis-
honour thereof until the Tuesday next after
such Christmas Day or after such day of
fast or day of thanksgiving respectively,
and every such notice given as aforesaid

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LAWS OF BARBADOS

shall be valid and effectual to all intents
and purposes.

BiUe payable on bank holiday.

Bills of exchange f All hillfl of exchange and promiss<«?y
AcdueonanybaSk^^^es which are^due and payable on any
bolidaymay be paid bank holiday shall be payable, smd, when
or protested n<^t necessaiy in ease of non-payment may be
day* noted and protested on the next following

day,and not on such bank holiday ; and any
such noting or protest*shall be as valid as if
made on the day on which the bill or note
was made due and payable ; and for all Uie
purposes of l^is Act the day next following
a bank hdiday shall mean Uie next follow-
ing dav, on which a bill ol exchange may be
lawfully noted or protested.
ProYiBions where ^. ^' When the day on ^Mch any notice of
day of notice of dis- dishonour of an unpaid bill of exchange or
honour or presenta- prcanissory note, should be given, or when
ticm falls on a bank the day on which a bill of exchange or prom-
holiday. issory note should be presented or received

for acc^tance, or accepted or forwarded to
any referee or referees, is a bank hoUday,
such notice of dishonour shall be given, and
such bill of exchange or promissory note
shall be presented or forwarded on the ^y
next following such bank holiday.

Cheques payable to order*

Protection tobank- ?• When a cheque or dn^ on demand

er paying cheque for a sum of money payable to order is

or draft on demand drawn on a banker, ana the banker on wjiom

payable ^^^^^^^ it is drawn pays the cheque or draft on de-

duly endmed. ^ mand in good faith and in the ordinary

course of business, it shall not be incumbent

on the banker to shew that the indorsement

of the payee or any subsequent indorsement

was made by or under the authority of the

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SESSION OF 1889.'90.

person whose indorsement it purports to be
and the banker shall be deemed to have
paid the cheque or draft on demand in due
couise, although such indorsement has been
forged or made without authority.

The dollar

8. In all payments to be made in any -^ i.- x- *
part of this Island, tender of payment in ^Jg^o°«t*«*^o«^ o'
the Spanish, Mexioan^ oi Columbian silver

coins called dollars, shall not be deemed
and taken as a legal tender.

9. Where in any contract, undertaking

or agreement, for tnepajnnent of money en- . ^^^^J^,,.*^ me$i^
tered into before the pasang of this Act, tTo^pence "^^
any sum or amount is expressed in dollars,
the term dollar shall be deemed and
taken to mean the sum of four shillings and
two pence of British money.

M^ecd.

10. The Acts mentioned in the schedule Repeal and sav-
to this Act annexed are hereby repealed, inge.

provided that this repeal shall not affect ;

1. The past operation oi the enactments

hereby repealed nor anything done
or suffered under the enactments
hereby repealed ; nor

2. any right, privilege, obligation, or lia-

bility, acquired, accrued or incun-ed
under the enactments hereby repeal-
ed ; nor

3. any penalty, forfeiture, or punishment

incurred in respect of any offence
committed against the enactments
hereby repeaied ; nor

4. any investigation, legal proceeding or

remedy in reiyect of any such nght,
privilege, obligation, liability, penal-
ty, forfeiture, or punishment as afore-
said and any such investigations, legal
proceeding and remedy may be car-
ried on as if this Act had n^ passed.

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78
LAWS OF BARBADOS

. a -3 .S3

o «

o o

pi"

0.2 5

era
00

T— «

rs.

-*3

1-H

00
00

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SESSION OF 1889-'90,

CAP. XX.

(Assented to 17th April 1890.)

BARBADOS,

An A ct to extend the time within which the
vestry of the parish of Saint Michael ma/y
lay rates for the current parochial year,
and to authorise the vestry to raise a loan
to enable them to carry on the affairs
of the pa/rish until such rates shall he
collected,

WHEREAS the vestry of tthe parish
of Saint Michael have bj their hum-
ble petition to the Legislature of this Island
prayed, in effect, that the time within which
they may lay rates for the current parochial
year (that is, the year ending the twenty
fourth day of March one thousand eight
hundred and ninety one) may be extended ;
and that they may be authorised to raise a
loan of three thousand pounds to enable
them to o^rry on the affairs of the parish
until such rates shall be collected ; And
Whereas it is deemed expedient, for the
reasons stated in the said petition, to grant
the prayer thereof ; Be it therefore enacted
by the Governor, Council and Assembly of
this Island and by the authority of the same,
as follows ;

1. This Act may be cited as ** The Saint gj^^^ rpj^i^^
Michael's Parish Rating and Loan Act,

1890."

2. (1.) The time limited by law within Vestry of St. Mi-
which the vestry of the parish of Saint chael authorised to
Michael may make and set rates for the lay *^® J^-^^ 'or
current parochial year, under the authority anyt^nofllt^P
of the several Acts of this Island authons- than 3 1st May 1890,
ing them to lay rates, is hereby extended to

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LAWS OF BARBADOS

the thirty first dar of May one thousand
eight hundred ana ninety.

(2.) All rates to be made and set by the
said vestry shall be published, be subject
to objection, confirmation, or amendment,
and be collected in the usual manner.

The said Vestry 3. (1) For the purpose of carrying on the

anthorised to raise affairs of the pansh until rates for the cur-

^^#^^«^J^;rent parochial year shall be collected, it
gOOO f^r parochial ^^^jj ^ ^^^^ ^^^ ^^^ ^^^^^ ^^ ^^^ ^^^^

of Saint Michael, and they are hereby au-
thorised, from time to time as they may re-
quire the same, but not later than three
months from the date of the passing of this
Act to borrow from any person or persons,
bodies politic or corporate willing to lend
them the same, a sum or sums of money
not exceeding three thousand pounds.
Sums borrowed (2) The money so borrowed, with inter-
and interest to be a ^g^ thereon at a rate not exceedinff six pounds
Coarse on the rates . v n i. ^ ^s ^

of the current pa- P®'^ centum per annum, shall be repaid from
rochial year. the rates of the said parish, to be laid and

collected for the current parochial year, and
shall be a charge on the said rates until
paid, and shall rank next after the money
borrowed under The St, Michaers Central
Alms House Act, 1880 ; The Saint Michael's
Central Alms House Act, 1880, Amendment
Act. 1884 ; The Saint Michael's Parish (Barba-
dos) Loan Act, 1886, and The Saint MichaeVs
Parish (Barbados) Loan Act, 1889, respec-
tively, and all other sums already made
charges on the rates of the said parish by
Legislative enactment; and prior to all
payments to be made to the employees of
the vestry of the said parish or on ac-
count of the said parish.

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81
SESSION OF 1889 '90

4. (1) When any sum or sums shall be Certificates of sumt
borrowed as aforesaid, the chairman, church- ]^^"^h^^' .^^J "^^
warden and senior member of the said ves- ^ ^ ^^ giTen,
try in vestry assembled, shall give to the

persons, bodies politic or corporate from
whom any sum or sums may be borrowed,
certificates showing the amount borrowed,
and the names of the persons (with their
proper additions) bodies politic or corporate
from whom borrowed, with the rate of in-
terest thereon, and appointing the dates
and the place of payment, which dates and
place of payment are to be at the Parochial
Treasurer's Office in the said parish six
months next after the dates of such certifi-
cates.

(2.) Such certificates shall not altogether Number, and
exceed thirty, and shall be numbered and *'^?.^^* ?.?/*°,^ ^'
dated, and no certificate shall be issued f or """^^ certificatet.
less than the sum of one hundred pounds.

(3) The certificate shall be made in the Form of certifl-
words or to the effect in schedule A to this ^^^*
Act.

5. (1) An entry or memorial of every Entry of partie
such certificate containing the number and ^^^^^^^^*^^^*^®"
date thereof, and the names of the persons ® ^ ^•
(with their proper additions) bodies politic

or corporate to whom the same shall have
been made, and of the sum borrowed, to-
gether with the rate of interest to be paid
thereon, and the date on which the sum
mentioned in the said certificate is appointed
to be paid, shall within fourteen days after
the date thereof be entered in a book to be
kept for that purpose by the Parochial Trea-
surer of the said parish, which book may be
perused at all convenient hours of the day
by any person interested in any certificate

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LAWS OF BARBADOS

upon payment of a fee of sixpence to the
Parochial Treasurer.
Power of transfer (2) All persons bodies politic or coi'porate
to whom any such certificate shall have been
issued as aforesaid, or who shall become en-
titled to the money due thereon, may from
time to time transfer their respective rights
and interests therein to any other person
bodies politic or corporate.
Form of transfer. ^3^ ^^^ transfer thereof shall be in the
words or to the effect in schedule B to this
Act, and must be attested by two witnesses.
Transfer to be (4) Every such transfer shall be produced
produced to Paro- ^ ^j^^ Parochial Treasurer of the said parish
chial Treasurer. ^^^ ^^^^^ c&use an entry or memorial to be
made thereof in the same manner as of the
original certificate, for which entry or me
morial the Parochial Treasurer shall be paid
a fee of two shillings and sixpence.
After entry there (^) ^^^^^ such entry made, every transfer
of assignee entitled shall entitle such assignee or his executors
to full benefit of administrators and assigns to the full benefit
certificate. of the certificate and payment thereof, and it

shall not be in the power of any person
bodies politic or corporate who shall have
made such tmnsfer, to make void, release or
discharge the transfer, or any sum of money
then due or owing thereon or thereby secur-
ed, or any part thereof.
Transfer not valid (6) No transfer of any certificate issued
until noted. under the authority of this Act, shall be of

any force or validity until the same shall have
been duly noted in the book^'to be* kept for
that purpose by the said Parochial Treasurer
Payment of inter- ^* ^^ *'^® ^^y ^^ respective days appointed
est and of princi- i^ th© certificates for the payment of the
pal. moneys and interest named therein, the

vestry of the said parish shall on demand

Digitized by VjOOQIC

SESSION OF 1889-'90.

pay, thiough the Parochial Treasurer of the
said parish at his office, to the holders of the
respective certificates the several amounts
named therein respectively together with all
interest due thereon to such day or days.

7. From and after the day appointed in Interest on o«rtifi-
each certificate for the payment of the ^*^* ^^•^^ ^ <^®*»e.
money named therein, all interest shall cease

and determine in respect of the money
named in such certificate, and that notwith-
standing that pajrment of Ihe money named
in such certificate shall not have been made
through not having been demanded.

8. Every certificate shall together with Delivery of certi-
the transfers thereof (if any,) at the time of fioates to be cancel-
the payment of the money named in such ^®^'

certificate together with all interest thereon
as aforesaid, be delivered up to the said
vestry and shall forthwith be cancelled or
destroyed by them ; provided always that if
any certificate or transfer shall have been
destroyed, lost or mislaid, the vestry shall
still pay the sum named in such certificate
and the interest thereon, to the person,
bodies politic or corporate whom they may
consider entitled to the same respectively,
upon being satisfied (at the cost of such per-
son, bodies politic or corporate) that such
certificate has been destroyed or cannot be
found, and upon receiving such sufficient
guarantee of indemnity as they may think
fit to require, or as they may by their coun-
sel in the law be advised to require.

9. The said vestry are hereb}' authorised Interest and costs
and required to lay a rate at the same time and expenses of this
that the ordinary rates for the current paro- ^°* *^ be defrayed
chial year are laid in the said parish for the ^ * '

purpose of meeting the interest on the mo-

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LAWS OF BARBADOS

ney hereby authorised to be borrowed and
the costs and expenses of preparing, obtain-
ing and passing this Act ; and also for de
fraying all expenses incurred by them from
time to time in carrying out the provision^
of this Act.

10. All acts matters and things authorised
Majority of Ves- or necessary to be done or executed by the
*v? A**^ execute ^^i^ vestry under this Act may be done
thiB Act. ^^^ executed by the majority of the mem-

bers of the said vestry in veptry assembled.

SCHEDrLE A.

Certificate Number.

The Saint MichaeVs Parish Eating and
Loan Act, 1890.

We, the Chairman, Churchwarden, and
senior member of the vestry of the parish of
Saint Michael in vestry assembled, do with
the authority of the said vestry, hereby cer-
tify that the said vestry have under the
provisions of the said Act borrowed from

of
the sum of pounds which sum

has been paid to the said vestry, and is to
carry interest from this date at the rate of
per centum per annum, and the said
sum with the interest thereon is to be repaid
at the Parochial Treasurer's Office in the
said parish on the day of

189 .

Given under our hands this day of

1890.

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85
SESSION OF 1889-'90.

SCHEDULE B.

The Saint MichaeVs Parish Eating and
Loan Act, 1890.

I, of do

hereby transfer a certificate dated the
day of 1890, and numbered

made by the vestry of the parish of
Saint Michael under the provisions of the said
Act for securing the sum of pounds and

interest thereon, and the money thereby se-
cured, and all mv right and interest iu and
to the same, to of his

executors administrators and assigns, for
value of him received.

Dated this day of 189

Witnesses.

CAP. XXI.

f Assented to I8th April 1890 J
BARBADOS.

An Act to amend the law relating to the giv
ing of alarms of fire.

BE it enacted by the Governor, Council
and Assembly of this Island, and by
the authority of the same, as follows ;

1. Any person who gives an alarm of fire penaitv on oiv
to any police officer or member of the Fire ing knowincriy »
Brigade, knowing the same to be false, shall fafce alarm of fire,
on conviction before a police Magistrate be

liable to a penalty not exceeding five pounds.

2. Any penalty under this Act may be ^ow and br
recovered iii a summary manner by the whom recoverabJe.
Superintendent of the Fire Brigade.

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S6
LAWS OF BARBADOS

CAP. XXII.

(Assented to 18th April 1890.)

BARBADOS.

An Act to amend the Act of the thirty first
day of January one thousand eight hun-
dred and fifty seven, entitled, ^*An Act
to provide for the establishment and
maintenance of a Court of Appeal.'*

^E it enacted by the Governor, Council
and Assembly of this Island, and by
the authority of the same as follows ;
Short titles. ^* This Act may be cited as "The Court

of Appeal Act, 1857, Amendment Act, 1890"
and the above-mentioned Act, (hereinafter
referred to as the principal Act,) may be
cited as "The Court of Appeal Act, 1857."
2. The Court of Appeal established under
Of what judges the principal Act shall consist of and be
the court shall con- holden by the Chief Justice of Barbados,
®^*' the Chief Justice of Grenada, and the Chief

Justice of Saint Vincent and Saint. Lucia ;
or the persons discharging the duties of those
offices for the time being ; provided always
that any one of such Justices shall be suffi-
cient to constitute a Court for the purpose
of adjournment only.

Sittings of the ^' "^^^ ®*^^ Court of Appeal shall hold its
said court. sittings for the hearing of appeals from the

courts of this Island, in the City of Bridge-
town, and such sittings shall commence on
the second Monday in the month of January
and on the second Monday in the month of
July in each year ; provided always, that if
on any occasion it may be found necessary
or more convenient to commence the sittings
of the said Court of Appeal on other days
than those hereinbefore fixed for that pur-

Digitized by VjOOQIC

SESSION OF 1889.'90.

pose, it shall be lawful for the Governor, by
proclamation to be published in the OflScial
Gazette of this Island, to appoint and fix
some other days in the year on which the
sittings of the said Court sl^all commence.

4. The. Chief Justice of Barbados shall No payment to be
not receive any fee or payment for sitting ^\^i^^^il '^^'
as a Judgp of* the said Court cf Appeal for jJ^u^^romTfrba'
the hearing of any appeal from the Courts of doa.

this Island.

5. Sections two and six of the principal Repeal.
Act and the Act of the sixteenth day of
February one thousand eight hundred and

eighty one, entitled, " An Act to amend the
Act of the thirty-first day of January one
thousand eight hundred and fifty seven,
entitled, "An Act to provide for the estab-
lishment and maintenance of a Court of
Appeal,'* are hereby repealed, but'this repeal
shall not affect the validity of any thing
done under or in pursuance of the said enact-
ments hereby repealed or any of them.

6. This Act shall not come into operation Suspending sec*
unless and until the officer admiuisteiing the ^<>^-
Government notifies by proclamation that

it is Her Majesty's pleasure not to disallow
the same, and thereafter it shall come into
operation upon such day as the officer ad-
ministering the Government shall notify by
the same or any other proclamation.

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LAWS OF BAEfeADOS

CAP. xxin.

(Assented to 26th April 1890,)

BAKBADOS.

An Act to amend An Act of the twenty ffth
day ofFehmary one thoitsand eight hun-
dred and forty seven entitled " An Act
" to authorize the appointment of Com-
** missioners for taking the acknowledge
" ment and the ProhcHes of Deeds and
"the Private examination of Married
" Women:*

WHEREAS it is deemed expedient to
amend the above-mentioned Act
of the Twenty fifth day of February one
thousand eight hundred and forty seven in
manner hereinafter appearing ; Be it there-
fore enacted by the Governor, Council and
Assembly of this Island and by the author-
ity of the same, ha follows ;
G rmDow ^' ^* shall be lawful for the Governor to

ered° to"aw>oiiit a^ &^^^ leave to any Commissioner of Pro-
acting Commission- bates of this Island and to approve of his
er of Probates whose duties being performed by any other person
powers &c, shall be qj. persons during such leave, and such act-
the s^nie as those .^ Commissioner of Probates shaU be in-
of a Commissioner ''^ j '^i j i_ • js £

of Trobates. vested with ana have, exercise and perform

the same powers, authorities, rights and
duties as a Commissioner of Probates
appointed imder the said Act of the twenty
fifth day of February, one thousand eight
hundred and forty seven, is from time to
time invested with and shall be entitled to
the same fees.

2. This Act shall be read and construed
Construction. ^^^ ^^^ g^y ^^^ ^^ ^j^^ ^^^^^^^ ^^^i day of

February one thousand eight hundred and
forty seven.

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89
SESSION OF 1889.'90

CAP. XXIV.

(Assented to 26th April, 1890.)

BAKBADOS.

An Act to facilitate the taking of evidence in
actions or suits in which any person resid-
ing in the United Kingdom is a party,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same as follows ;

1. This Act may be cited as ** The facili- short title
tating of proof Act, 1890."

2. In any action or suit now depending In actions or suits
or hereafter brought in any Court of law or ^^^ or relating to
equity in this Island in which any person ^^^^ J* ^^ *^?^*»
residing in the United Kingdom is a party l^a^d^Si' which "any
and which is an action or suit for or relating person in the Unit-
to any debt or account, or for or relating ed Kingdom is a
to any lands, tenements or hereditaments, or V^^7> matters may
other property situate lying and being in J«^P--<l,^y ^-^J.-
this Island, it shall and may be lawful for ed Kingdom.

the plaintiff and defendant and also for any
witness who is to be examined or made use
of in such action or suit to verify or prove
any matter or thing relating thereto by
solemn declaration in writing in the form in
the schedule to this Act annexed, made
before any Justice of the Peace, Notary
Public or other officer authorized by the law
of the part of the United Kingdom where
such declaration is made to administer an
oath, and certified and transmitted under
the signature and seal of any such Justice,
Notary Public or other officer, but in the
event of any Justice of the Peace or such
other officer having no seal of office he
shall in writing or in print, either above
or before his signature, state that he has

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LAWS OF BARBADOS

no seal of office, and every declaration
so made, cei*tified, and transmitted, sball,
in all such actions and suits, be allowed
to be of the same force and effect as if
the person making the same had appeared
and sworn, or affirmed, the matters contained
in such declaration, viva voce in open Court,
or upon a Commission issued for the examin-
ation of witnesses, or of any party in such
action or suit respectively, and all courts of
law and equity shall take judicial notice of
the seal and signature, as the case may be,
of any such Justice of the Peace, Notary
Public or other officer attached and sub-
scribed to such declaration. Provided al-
ways, that in every such declaration there
shall be expressed the addition of the party
making such declaration and the particular
place of his or her abode.
Debts to Her Ma- 3, In any action or suit now depending
jesty may be proved ^^ j^ereafter brought in any court of law or
m the same manner. ., . .i«tijii- •Li_irj»TT

equity m this Island by or on behalf of Her

Majesty, her heirs and successors, for or re-
lating to any debt or account, Her Majesty,
her heirs and successors shall and may prove
her and th^ir debts and accounts, and ex-
amine her or their witnesses by declaration
in like manner as any subject may do under
this Act.

SCHEDULE.

I, A.B do solemnly and sincerely declare
that

and I make this solemn declaration consci-
entiously believing the same to be true, and

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SESSION OF 1889-'90.

by virtue of the provisions of "The Facilitat-
ing of Proof Act, 1890/' (Barbados).

(Signed)

(Justice of the Peace,
Notary Public,
or, officer authorized
by law to administer
oaths, as thecase may he.)

CAP. XXV.

(Assented to 26th April, 1890.)
BARBADOS,

An Act to amend " The Jitstices of the Peace
Procedure Act, 1860."

► Eit enacted by the Governor, Coun- ,

^ cil and Assembly of this Island, and

by the authority of the same, as follows ;

1. In all cases in which any person resid- Police Ma^strate

ing or being, or suspected to reside or be, given a summary

within the limits of the jurisdiction of any jurisdiction over of-

police magistrate, has committed or is sus- ^^^^^J committed
* , , , P -iA J .1. !_• 1 on the nigh seas

pected to have committed on the high seas ^^^^^ ^he coasts of

near the coasts of this Island, any felony, this Island,
misdemeanour, or other offence punishable
upon a summary conviction, such police
magistrate shall have and exercise the same
jurisdiction, authority and power for enquir-
ing into, trying and adjudicating on such
felony, misdemeanour or other offence as he
would have had and exercised if such felony,
misdemeanour or other offence had been
committed on shore within the limits of his
jurisdiction.

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CAP. XXVI.

(Assented to 26th April, 1890.)

BAEBADOS.

An Act to provide for the payment of the
expenses arisinglin cases where natives of
the Colony are tried by British ^Comis
in foreign Countries,

^E it enacted by the Governor, Council
and Assembly of this Island, and by
the authority of the same, as follows ;
Expenses arising 1. In all cases in which a person who is a

W the trial by native of, or ordinarily resident in, this Is-
Bntish Courts in , , * .. ix - * • x

Foreign Countries, ^^^^ commits an offence in a foreign country
of natives of Bar- and is tried by a British Court under the For-
bados, to' be borne eij;^ Jurisdiction Acts, 1843 to 1878, and
by the Public Trea- j, either convicted, or on tht; ground of in-
^^"^' sanity acquitted, the expenses of the prison-

er's removal to the Colony or place in
which he is to undergo bis sentence, or to
be confined as a criminal lunatic, and of his
maintenance during his imprisonment or
confinement, and also any other expenses
incident to his conviction or to his acquit-
tal on the ground of insanity shall, so far
as they cannot be met out of the effects of
the prisoner under any order of the Court,
be paid on the wariunt of the Governor-in-
Executive Committee out of the public
treasurv.

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SESSION OF 1889-'90,

CAP. XXVII.

{Assented to 26th April 1890.)

BARBADOS.

An Act to consolidate and amend the Acts
relating to the West India and Panama
Telegro^ph Company, Limited,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows ;

1. This Act may be cited as ** Th« Tele-
graph (West India and Panama) Company's
Act, 1890."

2. In this Act the expression " the Com-
pany,'' shall mean " the West India and Pa-
nama Telegraph Company, Limited," incor-
porated on the ninth day of - January one
thousand eight hundred and seventy-seven.

3. An annual subsidy of two thousand
five hundred pounds is hereby granted from
the public treasury of this Island to the
Company for a term of ten years, to com-
mence and be computed from the first day of
January one thousand eight hundred and
ninety, and payable by quarterly payments
of six hundred and twenty five pounds on
the thirty firstday of March, the thirtieth day
of June, the thirtieth day of September, and
the thirty first day of December, in each year,
and the Treasurer of the Island is hereby au-
thorised to pay to the duly constituted agents
of the Company the said subsidy in the
manner and at the times aforesaid, on the
warrants of the Governor-in-Executive Com-
mittee ; provided, that a duplicate cable be
laid between this Island and the iBland of
Saint Vincent before the expiration of one

Short title.

Interpretation.

An annual Bubsidy
of .£2,500 granted to
the Company for the
term of 10 years^
commencing Ist of
January, 1890, on
certain conditioni.

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LAWS OF BARBADOS

year from the date of the passing of this
Act, and provided that the said duplicate
cable and the cable connecting Europe and
America with the Islands of St. Thomas, or
Tortola, Guadeloupe, Martinique, Barbados,
Trinidad, Cuba, and with the Colony of
British Guiana in South America, and all of
the other West India Colonies, between
which and the Continent of North America
telegraphic communication has been establish-
ed, is maintained in efficient operation
throughout the extent of the line, and the pro-
visions of this Act are duly observed. And
provided always, that the Govemor-in-Execu-
tive Committee shall have and is hereby in-
vested with a discretionary power to deter-
mine whether any, and if so, what deductions
shall be made from the current amount of
subsidy payable to the Company for any
interruption in the regular and complete
transmission of intelligence by sush Compa-
ny's line, and in the event of any such
deduction as aforesaid becoming necessary,
the same shall be made from the quarterly
amounts payable : and provided always
that the condition of maintenance of com-
munication with the United States and
Europe shall be deemed to be fulfilled if
either route, via Havana or via Para, shall be
available for the transmission of messages.
Daily bulletin of ^' ^^ consideration of the annual subsidy
newBto be furnished, granted by this Act, and during the said term
of years in which such subsidy shall be paid,
there shall be published daily at the Tele-
graph Station in Bridgetown, free of charge
and for the use of the public, a bulletin
making known the general news of Europe
and the United" States of America, as also

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SESSION OF 1889.'90.

the ruling market prices in London, and in
New York, of : —

Flour, per brl, New York
shipping of the St. Lawrence
brand. J-In New York

Meal ditto

Pork ditto

Two Sugars, per pound

Barbados Molasses, per gal. In New York

Premium on gold

Exchange, New York

Three Sugars, per pound

Demerara Rum, per gallon

Trinidad Cocoa, per cwt.

Consols J'ln Loutlon

Bank of England rate of
discount

Rentes

and intelligence of the arrivals of the West
India Packets in England, and any delay or
alteration in their departures therefrom,
and the arrivals and departures at and
from the first and other ports in the West
Indies, together with any news of import-
ance at places in the line of route, and a
copy of the daily bulletin shall be forward-
ed by the Company to the Public Printers,
to be published in the Official Gazette, and
to the Colonial Postmaster, who shall cause
it to be posted in some conspicuous place
for the information of the public.

5. The rate of charges for messages to be
made by the Company shall from time to time,
be fixed by the Governor-in-Executive Com-
mittee and the tariff settled and agreed upon
by the Committee and the Company, and
approved of by the Governor, shall forth-
with be published in the Official Gaxettey

Kate of charges,
how to be fixed.

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LAWS OP BARBADOS

and shall be bindiug on all parties, and the
Committee aforesaid shall in conjunction
with the Company have power to make such
rules and arrangements in matters of detail as
circumstances may require, provided such
rules and arrangements are not repugnant to
any provisions of this Act, or to any Act of
the Imperial Parliament, and such rules shall
after being sanctioned by the Governor-in-
Executive Committee, be published in the
Official Gazette, and shall thenceforth have
full force and effect.
Company to be 6- The Company shall be answerable for
answerable for da- all accidents, damages, wrongs, and injuries
™*g«». happening through the act or default of the

Company, or any person in their employ, by
reason or in consequence of any of the Com-
pany's works, and shall save harmless all
persons or bodies having the control I of
streets or roads, collectively or individually,
and their officers and servants from all dam-
ages and costs in respect of such accidents,
and injuries, and in case there shall be at
any time no member or members of the said
Conq)any resident in the said Island, or no
person duly authorised and appointed in
their behalf, against whom any suits or actions
can be brought in any courts of law or
.equity, in this Island, it shall be lawful for
any person or persons or any body politic or
corporate, having cause of suit or action
against the said Company, to commence, insti-
tute and prosecute against the principal of-
ficer or servant of the said Company resident
in this Island, any actions or suits, or other
proceedings at law or in equity, as nomi-
nal defendant, and all such proceedings
and decisions taken and made as aforesaid,
shall be binding on the said Company.

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SESSION OF 1889-'90.

And it shall be lawful for any person or
persons, after he or they shall nave obtain-
ed judgment and execution against the
said Company, and after making affidavit
thereon by himself, or themselves, or by his
or their Attorney, that the judgment is still
unsatisfied, and to what amount to lodge the
same with the Colonial Treasurer of this
Island, who is hereby required by and out of
the monejrs due or accruing due to the said
Company, in respect of the said subsidy, to
pay the amount of the said judgment debt,
to such judgment creditor. Provided al-
ways that it ^hall be lawful for a judge
upon the ex-parte application of such judg-
ment creditor, either before or after oral ex-
amination, and upon affidavit by such judg-
ment creditor by himself, or his attorney
stating that judgment has been recovered,
and that it is still unsatisfied and to what
amount, to order the said Treasurer to
appear before the judge, or a master of the
Court, as such judge shall appoint to show
cause why he should not pay the judgment
creditor the amount sufficient to satisfy the
said judgment, out of the moneys due or
accruing due in respect of the saia subsidy
to the said Company.

7. Every person who shall wilfully and Penalty eririlfiil
maliciously injure any of the wires, lines, and malicious in-
and other property and matters in connection J^T , ^o ^^^ Com
with the West India and Panama Telegraph P^^^ ^ property.
Company Limited, shall, for every such
offence, forfeit to the said Company a sum
not exceeding five pounds to be recovered
on the compkint of the Superintendent or
other authorized agent of the Company,
before any Police Magistrate of this Island,

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LAWS OF BARBADOS

in the same manner as in the case of ser-
vants* wages.
Eight of way and 8. Full power and authority is hereby
"^^*X>^***"*^ ^' granted to the CJompany, to have and exer-
c^ing iSd^^t- c^s® «^^^ "g^^ ^^ ^*y ^ ™*y ^ necessary
ed to the Company, for laying cables in the bed of the sea and
foreshore, and continuing their lines to and
from the necessary station or stations ; and
the Company shall have and enjoy all the
necessar}' rights for taking and holding
leases of, or buying absolutely, or otherwise,
any lands or hereditaments in this Island
which may be necessary for carrying out the
objects of the Company, and in case of dis-
pute, the value of such lands and heredita-
ments shall be determined by arbitration or
by special juries, in the manner provided for
the settlement of such disputes, between the
owners of lands and hereditaments, and the
Bridgetown Waterworks Company, by the
Waterworks Act passed on the nineteeth day
of August one thousand eight hundred and
fifty seven.
Telegraph to be ^. Every telegraph of the Company shall
open to aU. be open to the messages of all persons alike,

without favour or preference.
Company to have 10. The Company shall have free control
free control of line over the whole line, and be exempt from
and to be « J«°?pt customs and any other duties for all instru-
tazet^&c. "* ^ ^^* ments, cables, wires, and other materials
necessary for the use and construction of
the telegraphic lines or cable aforesaid, or in
the office or offices on the line. All vessels
which shall convey telegraphic caWe or
cables to the West India Colonies, those
that accompany them, or act as tenders
thereto, and supply vessels for the same,
may enter the ports of Barbados free of pore

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SESSION OF 1889-'90.

charges, or other charges or taxes on said
vessels, or their cargoes, as far as it concerns
only objects destined for the establishment
and working of the line, and the buildings
and constructions that will have to be erect-
ed in this Island by the Company for the
establishment of the telegraphic lines, or
cables, and for the agents and functionaries
of the Company shall be free from all taxa-
tion ; provided always, that the advantages
granted to the Company by this clause shall
not extend beyond the period for which the
subsidy is granted.

11. The Company shall not sell, transfer. Company not to

or lease their undertaking, or works, or any ?®^ *?;• ^d^'^k-
, , , r , xi- />• X mg without leaye.

part thereof, to any other Company, or to *

any body or person, except with the consent

of the Legislature of this Island, signified by

special enactment.

12. If any person in the employment of Penalty for neg-
the Company mlfuUy or negligently omits, lect in transmission
or delays to transmit or deliver any message, of messages &c.

or by wilful or negligent act or omission pre-
vents or delays the transmission or delivery
of any message, or improperly divulges to
any person the purport of any message, he
shall for every such offence be liable to a
penalty not exceeding twenty pounds, to be
recovered summarily before any Police Mag-
istrate, on the complaint of the person or
persons aggrieved, and paid to the Colonial
Treasurer for the use of the public.

13. If the Governor requires the Company Priority to be giv-
to transmit any message on Her Majesty's «» ^o GK>vernor'8
service, such message shall (notwithstanding ^q^^^qq^^ ^^ '
anything hereinbefore contained) have pri-
ority over all other messages, and the Com-
pany shall, as soon as reasonably may be,

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100

LAWS OF BARBADOS.

tranamit the same, and shal], until suck
transmission thereof, suspend the transmis-
sion of all other messages.
No monopoly 14. Nothing in this Act contained shall he

fif"*"^^- understood to grant any exclusive rights to

the Company, or to prevent the like privi-
leges being extended to any private persons,
or corporate bodies, desiring to carry on
telegraphic communication with this Island.

^ , 15. Where in the opinion of the Governor

Governor bv war- , ^- i • i. -^ •

rant may take pos- *° emergency has arisen, in which it is
gesiion of line. expedient for the public service that the

Colonial Government should have control
over the transmission of messages by the
Company's telegraph, the Governor, by war-
rant under his hand, may direct and cause the
Company's works and lines, or any part
thereof in this Colony, to be taken posses-
sion of in the name and on behalf of her
Majesty, and to be used for her Majesty's
service, and subject thereto, for such ordinary
service as may seem fit, or may direct and
authorize such persons as he thinks fit to
assume the control of the transmission of
messages by the Company's telegraphs,
either wholly or partly, or in such manner
Operation of war- as he directs. Any such warrant shall not
rant and renewal, i^ave effect for a longer time than one week
from the issuing thereof, but the Governor
may issue successive warrants, from week to
week, as long as in his opinion such emer-

be'SftStrpan^g,-^^ ^o^^^-«- ^^^ ^^^^^^ ^rea^^^er
to be fixed by a^e- ^^^^^^ ^n the warrant, pay to the Company
ment or arbitration, as compensation for any loss of profit sus-
tained by the company, by reason of the
exercise by the Governor of any of the pow-
ers of the present section, out of the public
revenues of the Colony, such sum as may

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101

> SESSION OF 1889.'d0

be settled- between the Government of the
Colony and the Company by agreement, or,
in case of difference, by arbitration, such
arbitration to be conducted as follows : —

(1.) The Governor and the said Company Arbitrators to be
shall each, within fourteen days after named within 14
I the delivery by one to the otner of a ^y*-

, demand in writing for an arbitration.

nominate an arbitrator.
I (2.) The two arbitrators nominated shall, ^mpire.

before entering on the arl^itration,
\ nominate an umpire.

(3,) If either party or arbitrator makes de- in defanltof eith-
fault in nominating an arbitrator or er party Chief Jus-
runpire, within six weeks after receiv- ^^^^ to nominate,
ing from the other a demand in
writing for such nomination, the
Chief Justice of this Colony may, on
the request of the Governor, or of
the said Company, under his hand,
nominate an arbitrator or umpire.

(4.) Thearbitrators shallmake their award by'Lrbit^tor S
within two months after their nomi- j^ 2 months,
nation, otherwise the matter shall be
left to be determined by the umpire.

(5.) The umpire shall make his award Umpires award to
within three' months after notice from he given in 8
the arbitators, or one of them, that i^^^^^ths.
r the matter is left to be determined by

^ him, or on default, a new umpire

1 shall be appointed as nearly as may

be in manner aforesaid, who shall
make his award within the like
time, or in default be superseded
and so toties quoties.

(6.) The award of the arbitrators or um- j^^^^^ ^^^^^ ^^^

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LAWS OF BARBADOS

pire shall be final and conclusive, as
between the Governor and the said
Company.
This Act to be of 16. Nothing cotitained in this Act shall
no effect if or so far jj^ ^^ ^ny f^^ce or effect, if repugnant to the
SlriSTte! provisions of any Act of the Imperial Paliar

ment now in force, or which may hererafter
• be enacted, for the purpose of regulating the
powers to be exercised by telegraph compan-
ies within her Majesty's dominions.
Privileges gra^. 17 Provided always that the powers and
the''''compaiy''8haU Privileges granted to the aforesaid Company
not have exclusive ^J ^^^ law are so granted on the condition
rights in Panama, that the said Company is not now in posses-
sion of, and shall not at any time hereafter
acquire any exclusive right or privilege of
telegraphic communication in the State of
Panama, and that in case of such possession
or acquisition, all the powers and privileges
by this law granted shall cease and deter-
mine.

Bep.al and sav- ^''^'^^'

ing«- 18. The Acts mentioned in the schedule to

this Act annexed are hereby repealed pro-
vided that such repeal shall not aifect ;

1. The past operation of the enactments
hereby repealed nor anything done or
suffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation or lia-
bility acquired, accrued, or incurred
under the enactments hereby repealed ;

3. any penalty, forfeiture, or punishment
incurred in respect of any offence com-
mitted against the enactments here-
by repealed ; nor

4. any investigation, legal proceeding or

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103

SESSION OP 1889-'9a

remedy in respect of such rifa:ht,
privilege, obligation, liability, penalty,
forfeiture, or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed.
, Any enactment in which such enactment
has been applied, incorporated or re-
ferred to.

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LAWS OF BARBADOS

105

SESSION OF 1889-90.

CAP. XXVIII.

(Assenied to 26th April 1890.)

BARBADOS.

An Act to enable the Govefmor-in-Executive
Committee to purchase certain portions
of the land adjoining Bay Street on both
sides thereof,

BE it enacted by the Governoiv Council,
ajid Aissembly of this Island and by
the authority of the same as follows ;

1. This Act may be cited as " The Bay
Street Improvement Act 1890."

2 In this Act "land'' shall include "mes-
suages, lands, tenements, and hereditaments
of any tenure whatsoever*' •

3. The Governor-in-Executive Committe
is hereby authorised to expend a sum not
exceeding fifteen thousand pounds in the
purchase in the manner hereinafter pro-
vided of such portions as they may select of
the land that fies to the West of Bay Street
in the City of Bridgetown and between the
War Department land on the south and
Careenage on the north,^ and of such por-
tions as they may select of the land that
lies on the eastern side of Bay Street afore-
said between the War Department land
called " The Banyans" on the south and
the Careenage on the north; provided al-
ways that ihe portion of land to be pur-
chased under this Act shall so far as prac-
ticable consist both of land on one side of
the said Street and of the land facing it
on the other side and shall not alj be situ-
ated on one side only of the said street ;

Short title.
Interpretations.

Oovemcfr-in Exe-
cutive Committee
authorised to ex-
pend a sum not ex-
ceeding ^15,000 in
the purchase of
land on both sides
of Bay Street.

Proviso.

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LAWS OF BARBADOS

and provided also that the portions of land
purchased on the eastern side of the said
Street shall not exceed tv^o hundred feet in
depth as measured from the eastern boan-
dary of the said street.

Land to be pur- 4- The said portions of land shall be pur-
chased under " The chased under the provisions of " The Lands
Lands for Public for Public Undertakings, Acquisition Act
^iSs^rf^^fesss"'' ^^^^" ^^^^^^^ ^ ^^® foUowing sections of
and thilTAct.' ^^^^ ^^^ *^^ ^^®^ ^ *'^® condition that after

service of the notice referred to in section
thirteen of the said Act, the compensation
to be paid for such land shall be assessed by
a jury, to be summoned under the provi-
sions of the said Act, and in no other man-
ner.
La^d to be pur- 5. (1) The Governor- in-Executive Com-
cbased to bo speci- mittee shall, on each occasion that they
^i!^ii^ ^J^» *?^ shall determine to purchase any of the said
aSSS^f b^""^^^ l^^d' «P«<^ify i^ writing what land they have
and the same jury, determined to purchase, and after the ser-
vice of the requisite notice on the owner,
such land, whether it may consist of one
piece, the property of one or joint owners, or
may consist of several pieces, owned respec-
tively by different owners, shall be apprais-
ed, and the compensation assessed, by one
and the same jury.
Juror may be em- 2) If however any juror, who shall have
iwaelled in the been empanelled, shall be unable from any *
furor unable''''to It- ?*^«®» ^^^ sufficiency of which shall be sub-
tend. i^ct to the approval of the Provost Marshal,

to attend, it shall be lawful for the Provost
Marshal to empanel a juror in his place.
Govemor-in-Ex- 6. (1) The Govemor-in-Executive Com-
ecutive Committee mittee are hereby authorized to have a sur-
^VKke^asS^" ^^y .°^®' *^^ measurements taken, of any
vey and measure- P^^^i^^ ol the said land, and for that pur-

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107

SESSION OF 1889-90.

pose may appoint a surveyor who shall be ments, of any such
empowered after having given in writing, ^*'^^-
three days notice of his intention so to do,
to enter upon and survey and measure any
portion of such land.

(2) Any person who shall obstruct such Penalty for ob-
surveyor in the execution of the powers 6*"^*ioi: »»«h sur-
conferred by this Act may be apprehended ^^^^^'
without warrant, and taken before a police
madstrate and upon summary conviction
shaU be liable to a penalty not exceeding
twenty pounds.

7. It shall not be obligatory on the Gover- Purchase of land
nor-in-Executive Committee to purchase any surveyed not •bli-
of such land only because a survey of such ^* ^^*
land has been made.

CAP. XXIX.

(Assented to 5th June, 1690.)
BARBADOS.
An Act to amend '' The Trade Act, 1889."

BE it enacted by the Q-ovemor, Council
and Assembly of this Island and by
the authority of the same, as follows ;

1. The kit of any soldier and the baggage Landing of soldi-
of any officer may be landed at the Adjutant ^'^ ^^* *»^ officer's
General's Pier or Engineers' Pier without "^S&^S®-
an officer of the Customs being present, and
need not be taken thence to the baggage
warehouse ; provided always that no officer's Proviso,
baggage shall be landed under this Act un-
less such officer shall previously have signed
a declaration according to a form to be
settled by the Governor-in-Executive Com-
mittee to the effect that such baggage con-
:^ains no article liable to dutv.

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LAWS OF BAEBADOS.

ExemptioB of ship* 2. Id everj cas^ in which all the cai^go
from all dues «nd landed or shipped by any ship does not ex-

we duesTif cwgo ^^^ ^^ *^^s» ^^^^ ^^^P ^^"^^ be exempt
iSked OP shipped ^rom the payment of all dues and fees (other
does not exceed 2 than tonnage dues) from which it would be
tons. exempt if ho cargo was landed or shifted.

Eeimportation of 3 rphe owner of any article which after
?^S^S?tf^e" payment of the import duty (if any) charge-
import duty there- able thereon is exported from this Island
on. may re-import the same free of duty if the

following conditions are fulfilled.

(1) If before exporting the article he files
in the office of the Comptroller a declaration
of his intention to subsequently re-import
the same, such declaration accurately des-
cribing it and stating its value.

And (2) if on re-importation he satisfies
the Comptroller that the article imported is
the one previously exported by him:
Proviso. provided always that if any alteration or

repair is made in or to euch article before its
re-importation, duty shall on its being re-im-
ported be paid on the full value of such al-
teration or repair.
Drawback of duty ^- ^ drawback of the duty paid on
on samples &c., any sample or specimen of goods brought
brou|?ht to the Is- to the Island by a bona-fide Commercial
landbyCJommercialTravelUer and subsequently taken away by
sequentS ""teke'n ^^^ ^^^^ ^® allowed, provided it is shewn
away by them. to the satisfaction of the proper officer that
such sample or specimen is re-shipped and
about to be taken away and is the same as the
sample or specimen on which duty has been
previously paid ; and such drawback shall
be paid by the Treasurer on the order of
the Comptroller, such order being previous-
ly examined and signed by the Auditor
Q-eneral.

Digitized by VjOOQIC

109^
SESSION OF 1889-9a

5. InsecticHi fourteen of "The Trade Act, Amendment of
1889** the proAdso in sub-section one is !fetion 14, of "The
hereby repealed and in lieu thereof the fol- ^^® ^''^' ^^'
lowing proviso shall be inserted ; provided

always that no bond shall be required to be
given in respect of steamships bringing a re-
gular mail but the fee of twelve shillings
and sixpence shall nevertheless be paid into
the Treasury by the consignee or ag«it of
such steamship and such consignee or agent
shall clear such ship within three days after
her departure and in dpfault of so doing
shall be liable to a penalty not exceeding
fifty pounds.

In sub*section two of the same section the
words " without having landed or shipped
any cargo" shall be substituted for the words
" in ballast without having to come to an en-
try."

6. In section forty five, subsection one of Amendment of
the Trade Act, 1889, the wards ** in any one section 45, of the
year" shall be inserted in line three after said Act.

the words "tonnage dues.*'

7. In section 53 of the said Act, the words Amendment of
" the Lords Commissioners of the Treasury" section 63, of the
shall be substituted for the words " the Com- said Act.
missioners of Customs.**

8. Section . one hundred and nine of the . Refund of duty
said Act is hereby repealed (save and except on all articles im-
so far as any goodi imported thereunder PJ*^^^ . f^'^ I®^^^
and not yet exported are concerned) and in ^^0^*^^^^^
lieu thereof the following section shall be
inserted.

The Consignee of all articles imported
into this Island for repairs alteration or im-
provement, shall immediately on the receipt
thereof make a declaration before the Comp-
troller setting forth such fact together with

provement.

Digitized by VjOOQIC

LAWS OP BARBADOS

a true description of such articles, and of
their value, and shall file the same in the
office of the said Comptroller.

The consignee of such articles on exporting
the same shall on satisfying the Comptroller
that the articles have been exported and
are the same that he received for repairs, al-
terations of improvement, be refunded by
the Treasurer the amount paid by him as
duty on the importation of such articles :
provided always that no such duty shsdl be
refunded unless the articles shall have been
exported within three months of their im-
portation and such claim for refund shall
have been made within two months of such
exportation.
Amendment of 9. In section one hundred and seventy
^^? tlf: fti^^ ^^^^ of *^e Trade Act, 1889, the words "one
hundred and seventy first section" shall be
substituted for the words " last preceding"
occurring in line three.

Trade Act, 1889.'

CAP. XXX.

(Assented to 6th June 1890.)

BARBADOS.

An Act to consolidate the Acts relating to the
salary of the Governor of Barbados, and
his Private Secretary, the fv/mishing of
Government House, the Governor's enter-
tainment allowance, the upkeep of
grounds and the supply of water to
Government House,

BE it enacted by the Q-ovemor, Council,
and Assembly of this Island and by
the authority of the same, as follows ;

Digitized by VjOOQIC

Ill

SESSION OF 1889-90.

1. This Act may be cited as " The Gover- Short title,
nor's Act, 1890'*

Salaries of Governor cmd his Private Secretary.

2. The Officer Administering the Govern-
ment of this Island shall be entitled to re-
ceive from the public treasury, for his own

use, the annual sum of three thousand pounds. • ye^^^ual ud-

3. The Private Secretary of the Officer ^ of*je8,000.
Administering the Government of this Island

shall be entitled to receive from the public

treasury, for his own use, the annual sum Private Secretary

of three hundred pounds. to receive anannnid

4. The several annual sums hereinbefore salary of -£300.
mentioned shall be paid out of the public

treasury by equal monthly instalments on ^

warrant of the Grovernor-in-Executive Com- ^^^^ ^^ payment
mittee. of salaries.

Furniture,

5. The Governor shall pay five per cent
per annum on the last estimated value of the
furniture in the bed rooms, kitchens, and

other rooms not used for the public reception Governor to pay

of company, and of all other articles provid- L^Trim«^w
J , , ,^ "^ \ i? i t T 1 J J J I- 1 • ture in rooms other
ed at the cost of the Island and used by him ; than public recep.
provided always that he shall not be subject tion rooms and offi-
to any charge on account of the furniture of ces.
the reception rooms, or of the offices used by
himself or by his Private Secretary.

6. The rooms at Government Houre
shall, in accordance with the custom which

has hitherto preyailed, be painted and papered *

(when necessary) and furnished at the •ex- The cost of fur-

pense of the Island. Plate and table orna- ""'f^x^^r^^^rlfS;
.. -I, J i.i_j.j. nient House to be

ments to a moderate and reasonable extent, provided for on the
and linen, crockery, glass, cutlery, and annual estimates,
kitchen utensils will also be provided as

Digitized by VjOOQIC

112

LAWS OF BARBADOS

has hiiherto been customary at the cost

of the Island, the sums required for these

purposes being voted as hitherto on the

animal Estimates.

Colonial Treas- 7. The Colonial Treasurer is hereby au-

iirer to deduct the thorised and required to deduct, in equal

^^Q^^ ^ ^^7 quarterly sums, from the salary of the Gk)v-

aty qui^ly " ®"^^^» ^^® ^^ ^^™ ^^ ^V® P^^ ^®^^ P^J

annum on the estimated value of the furni-
ture in respect of which the Governor is
required to pay a percentage.
Value oi fumi- S- (1) For the purpose of arriving at the
ture how to be ar. estimated value of the furniture and other
rived at. articles on which the Governor is to pay a

percentage, the lai-est valuation shall be
taken as the present value of the furniture
and other articles, and an annual reduction
of five per cent shall be allowed for depre-
ciation and the percentage charged on the
reduced amount.

(2.) The Governor shall be charged with
five per cent on the cost of new furniture
or other articles, and on this cost an annual
reduction of five per cent shall be allowed
for depreciation.
Ffunuture Ac, to 9. All f umitiu'e and plate supplied at
^*^ ^eS^^ ^^® expense of the island is to be kept com-
^cans^ b^rP^?^^^^'^^, ^^7 ^^^"^^^ 1<^«^ ^^ damaged
wear to be made otherwise than by fair wear is to be made
good by the Gover- good at the expense of the Governor or other
ttor. officer occupying Government House for

the time being, and the Colonial Treasurer
^ is hereby required to call upon such Gover-

nor or other officer ae aforesaid to make
good or repair any such loss or damage.
Inventory to be 10. On each occasion of the Government
v^oni^]^ocQ^ feeing vacated, an inventory of the furniture
mSt fc^'LSglSl ^^^ other articles at Government House
Qgji^^ shall be made by such person as shall be ap-

Digitized by VjOOQIC

113

SESSION OF 1889-90.

pointed for that purpose bv the Executive
Committee.

11. Any necessary expenditure incurred Expendi^re in
in carrying out the provisions of this Act fS^ed^ out of ^vote
shall be defrayed from the vote for furniture for that year,
granted for the year within which such

expenditure falls.

Entertainment allowance .

12. The Governor of Barbados, or the An entertainment
Officer for the time being Administering the allowance of ^8600
Government of Barbados, shall be entitled Jf ^« paid to the
to receive from the public treasury, on the ^^v^rno'^-
warrant of the Govemor-in-Executive Com-
mittee, an annual sum of six hundred pounds

as entertainment allowance, payable in equal
monthly instalments.

13. The last preceding section shall con- Until the Slat
tinue in force until (and inclusive of) the December 1892.
thirty first day of December one thousand

eight hundred and ninety two.

Gardens and Grounds.

14. A sum not exceeding fifty pounds per ^50 a year grant-
annum shall be paid to the Governor ed for upkeep of
monthly from the treasury on the warrant Ctovernment House
of the Govemor-in-Executive Committee for g'*o*i'*^-

the upkeep of the gardens and grounds of
Government House.

. Water.

15. The sum of thirty pounds per annum, ^30 a year grant-
to be paid by the Treasurer monthly on the ed for the supply of
warrant of the Govemor-in-Executive Com- water to Govem-
mittee, is granted to the Bridgetown Water "^®^* ^^"«®-
Works Company for a supply of three thou-
sand gallons of water daily to Government

Digitized by VjOOQIC

114

LAWS OF BARBADOS.

House and the out buildings thereto he
longing.

Eepeal.

^V^^' 16. The several Acts mentioned in the

schedule to this Act annexed* shall be and
are hereby repealed.

Digitized by VjOOQIC

115
SESSION OF 1889-90.

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116
LAWS OF BARBADOS

CAP. XXZI.

(Assented to 7th Juiie, 1890.)

BARBADOS.

An Act to consolidate and amend the Acts
relating to pews and sittings in churches
and chapels in this Island.

lE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same as follows ; —
Short title. 1 . This Act may be cited as -'The Churches

and Chapels (Sitting) Act, 1890."

The Vestry and 2. The vestry and churchwarden of each

Churchwarden with and every parish in this Island, in con-

^^^^^^i*'^^'"^"^^*^^^ ^^^ the Rector of the parish,

Ac, respecthig the f'fj^ ^® empowered and they are hereby

pewi and for pre- f^Hy authonzed and empowered to make

serving order in the such rules and regulations respecting the

parish churches. pews and sittings, in their respective parish

churches, as they shall think proper, for

affording increased accommodation to the

parishioners, and for the preservation of good

order in their respective parish churches ;

and also, from time to time, as they shall see

proper, to alter such rules and regulations,

Rules to be sane- ^"^ ^^ substitute others in their stead. Pro-

tioned by Bishop or vided that all such rules and regulations,

his Vicar General, and all such alterations as aforesaid, shall

be with the sanction and approval of the

Lord Bishop of the diocese, or in case

of his absence from the Island, of his

Vicar General or Commissary.

Allotment of pews 3. The vestry of every parish of this Is-

and sittings in par- land, or any number not less than two of

ish churches by the members of each vestry respectivelv,

htZade ^"^ ^^^ churchwarden for the time being of

each parish with the rector or oflSciating

minister for the time being of the parish

Digitized by VjOOQIC

117

SESSION OF 1889-90.

church of each parish are hereby authorised
and empowered to make allotments on
some day in the month of Januarj^ in every
year, after notice given by the rector or
officiating minister for the time being
during divine service on two consecutive
Sundays previous to the day of allotment,
of the pews and sittings in their respective
parish churches, and to fix a moderate
rent for the use and • occupation of pews
and sittings for the better support there-
of ; and on any such allotment being
signed by the rector and members of the
vestry, or by the rector or officiating^ min-
ister for the time being, and a majority of
the members making the same, sucli allot-
ment shall be deemed to have been duly
made ; and any allotment signed as afore
said shall be received in evidence as proof
of such allotment.

4. In the case of any chapels now under Allotment of pews
the control of the respective vestries of the and sittings in
several parishes of this Island or which ch&T^els under the
may hereafter be taken under thoir con- ^^'^^^^^^J'^'^^^^
trol, the vestry of each parish respective- to be made,
ly or any number of the members thereof,
not less than two, with the churchwarden
and officiating minister for the time being
of such chapel shall be and they arc hereby
authorised and empowered to make allot-
ments of pews and sittings for the use of
persons resorting thereto for the purpose
of divine worship, and to fix a moderate
rent for the use and occupation of such
pews and sittings in the said chapels ;
and such allotment shall be signed by the
officiating minister and members making
such allotment or by the officiating minister
and majority of members, and shall be

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118

LAWS OF BAEBADOS

deemed to have been duly made, and any
such allotment signed as aforesaid shall be
received in evidence as proof thereof.
Allotment of pews 5. The officiating minister for the time
^ha |^**^^p ^5 being of each chapel, which is not under the
the^ntrolof^et^c^n^rol of the vestry of the parish together
try, by whom and with six of the renters of pews or sittings,
how to be made, in the same, shall be, and they are
hereby constituted and appointed to be a
committee of management of such chapel,
with the power and authority of making
rules and regulations respecting the pews or
sittings of such chapel ; and also, from time
to time as they shall see proper, to alter
such rules and regulations and to substitute
others in their stead : and also to mak« allot-
ments of pews and sittings, for the use of
persons resorting thereto, and to affix a mod-
erate rent to the pews and sittings in the
said chapels, and such allotment shall be
signed by the officiating Minister and mem-
bers making such allotment or by the offici-
ating Minister and majority of members, and
shall be deemed to have been duly made, and
any such allotment signed as aforesaid shall
be received in evidence as proof thereof.
Application of the 6. The committees of management of the
pew rents of chapels chapels not under the control of the Vestry
not under the con- of the parish shall apply the rents arising
trol of a vestry. from the pews and sittings of such chapels,
not only to the repairs and use of such
chapels, but to the erection or procuring of
houses for the respective curates thereof,
and to the repairs and improvements of such
houseis, and of the curates' houses now at-
tached and belonging to any of the said chapels,
as also to all incidental and other expenses
in the management of such^; chapels as shall
be deemed most advisable by^a majority of

Digitized by VjOOQIC

119

SESSION OF 1889-90.

such committee of management ; but such
applications of rents as aforesaid shall be
. with the sanction and approval of the Bishop
of the diocese ; provided that in all cases
where any chapel with its respective chap-
elry house, shall at the same time require
repairs, the repairs of the chapel shall have
the precedence in the order of such repairs ;
and all and every application of any portion
of the aforesaid rents arising from the pews
and sittings of any such chapels is hereby
• prohibited as conti*ary to the meaning and
intent of this Act until the current expen-
ses of any such chapel shall have been first
met and defrayed touching all the ordinary
uses and repairs thereof.

7. The election of the committee of Committee of man-
management of each such chapel, or other agement of chapels
place of public worship, shall be holden ^^\ ^^^^r the con-
on the second Wednesday in January i" whL? AeZ^b^^
each year from the hours of ten in the whom' and * how
morning to two of the afternoon, at some elected,
convenient place in each parish other than
the chapel, of which due notice shall be
given on the two preceding Sundays ; and
no person shall be qualified to be elected
or to vote at such electipn who has not paid
his pew rent in advance, for any time not
less than three months. And any person
qualified as aforesaid, shall and ma}- open
and take the poll at such election, a return
of which shall be made to the Rector of the
parish, or to the licensed Minister of such
chapel to be deposited and kept in the re-
cords of such chapel or other place of public
worship ; and in the event of there being no
election on the days hereinbefore appointed,
then the persons last elected shall continue
to exercise all the rights and powers of the

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120

LAWS OF BARBADOS

committee of management until a new elec-
tion shall have taken place.
Elections may be 8. If the renters^ of any sittings in any
fi^ed f^ S^ ^^ ^^^P®^ ^^^^ ^^^^ ^" ^^® second Wednesday
poe^e and of %hiSi" ^^ ^^^ ^^^^^ ^^ January of any year, to
due notice ii given, ^^^ct a committee of management, it shall
be lawful for them so to do on any other
day which shall be fixed for that purpose
by the minister for the time being of such
chapel, notice thereof being given on the
two preceding Sundays in such and the
like manner as in the case of the day so as
aforesaid specially fixed for that pupose in
and by the aforesaid clause.
Penalty on Per- ^- And for the due preservation of peace
sons intruding into and good order be it further enacted that if
pews which have any person or persons shall intrude himself,
been allotted ajd herself or themselves into any pew sitting or
renting to qnitthe 3^^^^ ^^.^^ shall be 80 rented out or aUotted
to any other person or persons, and shall
refuse to quit the same when required so
to do by the churchwarden, or afty parish or
church officer acting under his direction, or
the direction of the Vestry of the parish, or
by any member of the Committee of Man-
agement of any Chapel or other place of
public worship, or by any person or persons
acting under the authority of such Commit-
tee, every such person shall, according to
the nature of the case, incur a fine not ex-
ceeding Fifteen Pounds, and not less than
Five Pounds, to be recovered on complaint
ot the churchwarden or any member of the
Committee of Management of any chapel or
i public place of worship to any Justice of

the Peace, as in case of servants wages ;
and the fine to be recovered shall be applied
by the Churchwarden to the uses of the par-
ish, or by the Committee of Management,

Digitized by VjOOQIC

121

SESSION OF 1889.9<V

to the uses of the chapel or other place of
public worship for which they may have
been so elected.

10. In case of disturbance in any parish By whom distur-
church or in any chapel under the control of bances in parish
any vestry in the absence of the church- churches or in any
warden, any member of the vestry present, ^^^^P^^ °^*y ^^ ^®*^^
or the church or chapel officer shall be, and

he is hereby authorised when required so to
do by the officiating minister to act with all
the powers vested in churchwardens in like
cases. And in the case of any chapel not
under the control of any vestry, any mem-
ber of the committee of management or the
chapel officer shall be, and he is duly autho-
ris(?d when required so to do, (by the offici-
ating minister) to act with all the powers
vested in churchwardens.

11 . In case the rent of any pew, part of a if pew rents be in
pew or sitting, or any part of such rent, be arrears for 3 months
unpaid three months after the same shall *f*®r demand in
become due, and notice in writing demand- ^^J^^^^'^ ^^* "*^
ing paymenD thereof shall have been given

to the occupier of such pew, or part of a
pew, or sitting, then the churchwarden
of the parish, or the committee of manage-
ment of the chapel, may let the same to any
other person or persons, according to the
rules and regulations at that time in force.

12. When any pew or sitting has been Notice of the re-
forfeited, notice in writing of a re-allot- allotment of any
ment of such pew, or sitting shall be placed ^^^fd^^^^jf the*d ^r
on the door of the church or chapel as of^^the ^church ^r
the case may be for two consecutive Sun- chapel.

days before the re-allotment.

13. Certain persons have, for a long time Certain persons
past, been in the occupancy or possession of ^^^ ^^^^ ^^^ * ^^^^
pews or sittings in the parish churches and ^'^^^^^f^^^y^^'Z
chapels, such persons shall continue to have *^

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122

LAWS OF BARBADOS.

continue doing go if the privilege of occupying the same pews or
they pay the rent, sittings so long as they shall duly pay the
rent affixed to the same, agreeably to the
provisions in this Act contained.

Parochial Treas- 1 4. The Parochial Treasurers of the sev
urera may demand eral parishes of this Island shall respectively
and recover money i^ themselves or some person legally au-
due for rent of pews .v' • j i_ ^i j j x i.i- r

in parish churches thorized by them, demand for the uses of
or chapels under the parishes respectively^ all sums of mon^
the control of ves- now due, (including in the case of the chap-
*"®^- els, those due at the time the chapels have

been or may be taken under the control of
the vestries), or which may hereafter be-
come due, for rent of the pews, and sittings,
of the parish churches and the rent of the
pews, and sittings of such chapels as now
are, or hereafter may be, taken or placed
under the control of the vestries ; and if
the sum so demanded be not paid within
twenty one days after the demand thereof,
it shall and may be lawful for the Parochial
Treasurers, and they are hereby authorized,
to proceed for the recovery of any such rents
by lodging a complaint before any Police
Magistrate of the parish in which the church
or chapel is situated, against the person or
persons charged with the payment thereof,
and such proceedings shall be had for the
recovery of any such rents as are directed
by sections nine and ten of an Act of this
Island of the seventh day of January one
thousand eight hundred and forty, entitled,
" An Act to regulate the hiring of servants
and to provide for the recovery and security
of their wages."

No rent to be ^^' ^^ ^^^^ ^^ ^^® ^^^^ ^® exacted or
charged for pews received for any such pews or sittings, in any

'Digitized by VjOOQ IC

123

SESSION OF 1889.90.

church or chapel of this Island, as shall be set apart for poor
appropriated for the poor parishioners. parishionerg.

16. Nothing herein contained shall affect
any right or sitting reserved to any estates

by the deeds of consecration of any such Act not to affect
chapel or other place of public worship, or rights reserved by
any pecuniary claims which any such chapel, any deed of conse-
or other place of worship, may, at the pres- ^^ ^^' ^*
ent be charged with, and which are in
course of liquidation. :

17. In case the rent of any pew or sitting p^^ j,^^^ ^f
in any chapel not under thfe control of the chapels not under
vestry be not paid, it shall be lawful for any the control of a
one of the committee of management of Vostey : how recov-
such chapel to recover such rent on com- ®'®'*^^®-

plaint to a Police Magistrate, and the same
proceedings shall be had on such complaint
as in the case of servant's ws^es.

18. If any pew renter of such churches or Any tow renter
chapels as aforesaid, who in not in arrears ^,*f^^^^ ^*^ ^
for his rents, shaU be dissatisfied with the ^^^^^""^^
allotments, it shall be lawful for such renter ^'
within fourteen days after .such allotment

has been signed to appeal in writing to the
Bishop of the Diocese, or .in case of his
absence from the Island, to his Vicar-Gen-
eral or Commissary who shall disallow the
allotment if he shall deem it unsatisfactory
or confirm the allotment if he be satisfied
therewith.

19. The Acts mentioned in the schedule, Bepeal.
to this Act shall be, and are hereby, le-

Digitized by VjOOQIC

124
LAWS OF BARBADOS

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SESSION OF 1889-90.

CAP. XXXII.

(Assented to 7th June, 1890.)

BARBADOS.

An Act to consolidate the Acts relating to the
office of the Colonial Secreta/ry,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows ;

1. This Act may be cited as "The Colo- short title,
nial Secretary's Office Act, 1890.'

Correspondence and Record Branch.

2. The Colonial Secretary's departuicnt in Colonial Secre-
thi« Island shall be divided into two branch- tary's department
es, to be styled respectively " the correspon- divided into 2 bran-
dence branch" and "the record branch." ches.

3. The correspondence branch shall be These branches to
kept distinct from the record branch, and be kept distinct,
both branches shall be under the immediate

control and supervision of the Colonial
Secretary, who shall be held responsible for
the prompt and efficient performance of the
duties of the same.

Officers in office.

4c. The Colonial Secretary's department Officers of the de-
in this Island shall consist of the following partment and their
officers at the respective salaries affixed salaries,
thereto :

A Colonial Secretary £835 per annum.
A Messenger £ 20 per annum.

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126
LAW^ OF BARBADOS

Correspondence Branch.

A Chief Clerk £, 300 per annum-

A Second Clerk £ 150 per annum.

A Third Clerk £ 100 per annimi.

A Fourth Clerk <£ 75 per annum.

A Fifth Clerk £ 50 per annum

Record Branch.

A First Clerk £ 200 per annum.

A Second Clerk •£ 100 per annum.

A Third Clerk ^ 60 per annum.

The foregoing sums shall be paid month-
ly from the public treasury of the Island
by warrant of the Govemor-in-Executive
Conamittee.
Officers to heap- ^t The officers of the Colonial Secretary's
pointed by the Gov- Office shall from time to time be appointed
eraor and not to by the Governor, and they shall not be en-
engage in business, gaged or concerned in trade, or othei busi-
ness.

Clerh of Executive Oommittee.
6. The duties formerly performed by the
and ^uti^ ST'fo^ ^}^^^ ^^ ^^^ Executive Committee and his
mer Clerk and As- assistant shall be performed by the corres-
sistant Clerk of Ex- pondence branch of the Colonial Secretary's
ecutive Committee department and the rights and powers vest
S^^ta''' ^"^^^^^^ ed in and the duties performed by the clerk
ecre ry. ^^ ^j^^ Executive Committee and his assist-

ant shall be vested in the person having the
supervision and control of the said depart-
ment, and may be respectively executed and
performed by any clerk of the said branch of
the said department.

Clerk of Leqielative Council.

Chief Clerk of Cor ^* "^^^ ^^^^ ^^®^^ ^^ *^® correspon-
respondence Branch dence branch shall be the clerk of the Leg-

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127

SESSION OF 1889-90.

islative Council aod shall pay ov^ to the to be Clerk of the
Colonial Secretary all the fees paid to him Legialativ.j CouneU
as clerk, of the Legislative Council, at the ^'
time when such fees are received by him
from the parties paying the s^tne.

Clerk of Ordinary &c.

8. The first clerk of the record branch First Clerk of Be-
shall be the clerk of the Court of Ordinary cord Branch to be
and also clerk of the Court of Error ; Clerk of the Coiirts
provided that the Colonial Secretary shall ^^^^^^^"'''^ *^^ ^^
be still responsible for the keeping of the

records of the said Courts, and provided also provisf^os

that the said first clerk shall ;^ay over to

the Colonial Secretary all the fees paid to

him as clerk of the Court of Ordinary and

as clerk of the Court of Error, at the

time when such fees are received by him

from the parties paying the same.

Hours of attendance,

9. The Governor-in-Executive Committee Govemor-in-Bx-
may from time to time appoint the hours eontive Committee
of general attendance of the resi>ective to appoint office
officers of the Colonial Secretary's office ; hours, &c.

and. may also from time to time make regu-
lations in relation to the performance of
their duties.

Exempted as juryme^i

10. No officer of the Colonial Secretary's ^

office shall be compelled to serve on any ^^.^j^ ^g^r^yfce^^n a
jury or inquest, or on any appniisemc:it of jury, &c.
any property in this Island.

Stationery,

11. The Colonial Secretary shall be f;ii. A sum not exceed-
nished with stationery and other incideut^ ^^S ^^CO a year

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?r^ 128

LAWS OF BARBADOS

authorised to be expenses of his office at the public cost :
paid for stationery and the Govemor-in-Executive Committee
uid to defray inci- jg hereby authorised to issue his warrants
expenses. ^^ ^^ Treasurer of the Island to pay any
sum not exceeding two hundred pounds annu-
ally incurred for the purposes above men-
tioned ; and the Colonial Secretary is also
hereby relieved and exempted from the pay-
ment of office rent for the rooms occupied by
his office.

Fees.

The Colonial Sec- 12. The Colonial Secretary shall keep a
retary to keep a daily record of all fees and emoluments re-
record of all fees re- reived in his office on account of the public
^eT^^'th^Vre^^ ^^^t purpose and

urer monthly. ^tall pay over at the end of eveiy month,

to the Treasurer of the Island, the amount
of all fees and emoluments received by him-
self as Secretary of the Island, as Notary
Public, and from the clerk of the Legislative
Council and the clerk of the Court of
Ordinary and the Court of Error, and at the
time of paying over the same, he shall de-
liver and leave with the Treasurer, a detail-
ed and classified statement and account in
writing of the sums of money received by
him during the month, in order that such
statement and account may be laid before
Auditor General the Auditor-General of the Island for exam-
to examine the fee ination, who is hereby authorised and re-
books quarterly. quired to examine quarterly the books of
the office, in which such fees and emolu-
ments are entered.

Pees specified in 13. The Colonial Secretary shall, in res-
theBchedule to be pget of the several matters and things
rV^tU^'o^tmlr'^ififd jn the schedule to this Act
revenno "C entitled to demand and receive for the

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129

SESSION GF 1889-90.

benefit of the genial revenue tbe several
fees s{)ecified in the said schedufe.

Notary Public.

IL The person executing the office of Colonial Secro-
Colonial Secretary for the time being shall ^^*^ empowered to
be«utbori2»d and empowered, and he is here- ^^^^^^^^ ^t|"
by authorized and empowered, to pretest cage®. "^^^* * ®
bilk of ejEchange for nonracc^tanee or
non-payment: and to receive and enter
protests in inercantile mal^rs, and to take
depositions in writing rating thereto ; and
to^ atte^ procm^ti^ma and powers of attor-
ney ; and to do all other acts relating to
matters mercantile, and no others, as nota-
ries public do in England.

15. The person so executing the office of Colonial Secre-
Secretary for the time being ^all? not be, tary not to be Eeg-
nor compellable to be, Regista^r d any Court ^5^*' ^^ *?/ ^^^^
of Admiralty, to be held in this Mand for the fl^ thT'triaf of pi-
trial of pirates, by virtue oi any commistoon rates.

issued, or to be issued pursuant to a certain
Met (»* Statute msyde at Westminster, in the
eleventh year of Witiiam the Third, entitled,
" An Act for the more ^eetoBl supprefr-
aion of piracy.*'

16. If any person or p^sons other than -^y other person
tto person or persons exeentrng tke offlee of ^^| "Ur*:^
Secretary of thi« Island for the time being, pointed by Her Ma-
shall do any act as a notary or tabellion-pub- jesty to forfeit J660
lie in this Island, by virtue or colour <rf any for every act done
power or authority from any person or pei> ^° *^** capacity,
sons whatsoever, other than and exeept

Her Majesty and her successors ; every
such person or persons so acting, shall for
every such act by him to- be done as a no-
tary or tabellion-public, forfeit the sum of
sixty pounds sterling money of this Island;

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130

LAWS OF BARBADOS

to be recovered as in case of servant's wages ;
one half thereof to be the use of the
informer, and the other half thereof to the
use of jthe public treasury of this Island.

Amalgamodion of Secretary' s and Audit Office.

Office! o< Colo- 17. As soon as it is possible without pre-
nial Secretary and judice to existing holders to effect the corn-
Auditor General to i^ination, the offices of Colonial Secretary
^^'Jl^^l^'^^andof Auditor General shall be combined,
and the several duties now performed by
the Colonial Secretary and the Auditor
General shall be performed by one and the
same individual.
Title and salary 18. The person holding the combined
of holder of com- offices shall be called the Colonial Secretary
bmed offices. ^^^ Auditor General, and shall receive from

the public treasury, on the warrant of the
Govemor-in-Executive Committee, by equal
monthly instalments an annual salary of
eight hundred pounds.
Audit Office to be 19. The department under the supers i-
branch of combined gj^j^ ^nd control of the holder of the said
epa men a. combined offices shall comprise in addition to

the other branches thereof an audit branch.
And to be sub- 20. The several enactments now regula-
ITw ^gX?S*^e ting ^nd ^ff^f ^g ^^e Auditor General's De-
Auditor General's partment shall regulate and affect in the
Department. same manner and to the same extent the

audit branch of the department under the
supervision and control of the holder of the
said combined offices, and wherever in any
of the said enactments the Auditor General
is mentioned and referred to, the holder of the
said combined offices shall be deemed to be
the person mentioned or referred to.
Holder of com- 21. The holder of the said combined of-
bined offices to re- ^^^^ g^^H not be entitled to receive in addi-

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131

SESSION OF 1889-90.

iion to the salary given in this Act any sal- <^^^^ pnly *he sal-
ary, fees, or emoluments given by any now *^^ g^^^^ hy this
existing Act to the Colonial Secretary or
Auditor General.

22. Nothing in this Act contained shall in Saving,
any way affect the operation of " The Regis-
tration Office Act, 1887.^'

Repeal.

23. The Acts mentioned in schedule B

to this Act annexed are hereby repealed. Repeal.

SCHEDULE A.
1.

£ S. D.

1. Recording each certificate'\

and affidavit or affirmation
annexed to any instrument
executed or made in Eng
land or elsewhere per each
folio of 90 words

2. Recording a plot

3. Recording a probate

4. Recording a receipt to a sale|

or to any other document/

5. Recording or copying papers'

of any kind other than those
hereinbefore mentioned per
each folio of 90 words

1 8

0 6

Search for any record by any'
person other than a mem-
ber of the legal profession
or his clerk on his behalf,
for each year

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132
LAWS OF BAKBAD08

The perusal of any record'
1^ any person other than
a memW of the legal ^o-
fession or his clerk on his
behalf

Certificate of search
for each year

1 8

2 0

1. Taking a recognizance

2. Issuing every citation, not^i

to contain more than three >
names j

3. For copying proceedings, evi-1

dence, &c, ; per folio of 90 >
words )

4. On every findi order made onl

the hearing of an appeal. . . j

5. Certifying saaae to clerk oi\

the Assistant Court of Appeal/
G. Taxing every bill erf costs

8 4

5 0

0 6

5 0

2 6

2 0

1. The allowance of any writ-'

ing under the seal of any
city, borough or town corpo-
porate

2. A warrant of survey

3. Great Seal of the islai^l

aflRxed to any paper /

4. Allowance for a parish levy\

and exeoition )

5. Upon passing a private bill... 3

6. Taking a bond and issuing)

a marriage license / 16 8

5 0'

5 0
1 0 0

0
6

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133
SI^ION OF 1889^^.

1. For noting a protest on a bill!

or vessel J

2. Drawing a protest on a bilFi

and recording the same...

3. Drawing a protest for a ves-"

sel, administering oath to
seamen if required and re-
cording same

4. Drawing certificate or Aepo-^

sition, and affixing seal of
office, and administering
oath, if required

5. Affi^ng seal of office onljr to'

any certificate and adminis
tering oath if required. .....

6. For marking each paper as)

an exhibit /

4 2

12 6

3 2 6

16 8

() 0

2 0

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134
LAWS OF BAKBADOS

-^^ li ^ -»-> 1

-2

<o 0 ^ ®

*t^

'o '0 03

^ ^ J3 J3

^ ^ ^ ^

-S

0; © © V

^ -2 jg ^

H H H H

g the office
time being,
bile cases....
the Colonial

fees as are
the Colonial
payment to
xed annual
IV receivable

onial Secre-
re the duties
e Executive
erformed by
int !

xecutin
for the
mercani

t ion. of

«©5<S£

o
©

Act entitled. An Act to regula
now by force of custom paya
Secretary, and to provide f<
him out of the public treasury
sum in lieu of such fees as
by him as a notary public.

Act to amalgamate the offices
tary and Auditor General and 1
now performed hy the Clerk
Committee and his assistants
the Colonial Secretary's D(

c fl c es

<^ <tj <j <J

' oi : :

■4J

S £ g SS

«^

^ :: 2 2

«*-(

pc: '^

g 2 ^ ^,

H5 S H:> trs

t^ 0 t^ «o

1— 1

"-^

Digitized by VjOOQIC

135
SESSION OF 1889-90.

Short title.

Construction.

CAP. XXXIII.

(Assented to 7th June, 1890.)
BARBADOS.

An Act to consolidate the Acts relating to
medical registration in this Island.

BE it enacted by the Governor, Council,
and Assembly of this Island and by
the authority of the same as folloNvs ;
Short title.

1. This Act may be cited as "The Medical
Registration Act, 1890."

Interpretation.

2. The words " legally qualified medical
"practitioner," or "duly qualified medical
"practitioner," or any words importing a
person recognized by law as a medical prac-
titioner or member of the medical i)rof ession,
when used in any Act of this kLjntl, shall
be construed to mean a person registered
under this Act.

3. It shall be the duty of the Colonial OolonialS cretar
Secretary of this Island to kee^) a register, to keep the M^edica^
to be called "The Medical Register,*' of all Register,
medical practitioners in this Island who shall

desire, and be entitled, to be registered,
and who shall produce to him a certificate
or affidavit of their qualification as herein-
after mentioned ; and the Colonial Secretary
for the time being of this Island shall be the
Registrar under this Act.

Registration.
4. Every person no^f possessed of, and

Qualifications re-

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13S

LAW» OP BARBADOS

quired by persona subject to the pravisions hereinafter contain-
pairing to be regis- ed, every person hereafter becoming possessed
^^ * of any one or more of the qualifications des-

cribed in schedule ^A' to this Act, and who
shall desire to be registered, shall, on pay-
ment to the Registrar of a fee of five shillings,
be entitled to have his name placed on
the Medical Register on producing to the
Registrar the certificate of the Medical As-
sessors hereinafter men^ned, that he is
possessed of one or more of the quaKfieations
mentioned in schedule *A' to this Act.

Medical Adseasora.

dutier**f "^M^^d^id ^' -^^^ Governor-in-Executive Jommittee
Aaaesaors. ^ ^^ ^^^^^ appoint three persons possessed of one
or more of the qualifications mentioned in
schedule *A' to this Act, practismg in this
Island, to act as Medixjal Assessors, and the
Regktrar shall upon payment by each of
them of a fee of five shillings, place their
names on the Medical Register, and the
Govemor-in-Executive Committee shaH also
from time to time as a vacancy shall oceur
by death, resignation, or otherwise, in the
office of the medical assessors, fill the ssaae
from the registered medical practitioners,
practising in this Island ; and it shall be
the duty of the Medical Assessors without
any fee or reward, on application being
made to ^^hem hy any person desiring to be
registered under this Act, within fifteen
days thereafter, to meet together and exam-
ine the document or documents evidencing
the qualification of the person desiring, to b&
registered, and in case it shall appear to the
Medical Assessors that such applicant is
possessed of one or more of the qimlifications
mentioned in schedule 'A' to this Act, to

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every year.

137

SESSION OF 1889-90.

grant him ^ a Tcertificate ; in the form in
schedule *B' to this Act, and such person on
producing to the Registrar the certificate,
and on payment to him of a fee of five shil-
lings shall be entitled to be registered. The
Governor-in-Executive Committee may from
time to time displace any assessor or asses-
sors and appoint another or others in his or
their place or places.

Puhlication of List of registered Fractitioners.

6. The Registrar shall in the month of Names of persons
January in every year, cause to be printed on the Register clas-
and published in the Official Gazette of this !^*?.^ ^bulh d""*
Island, the names and addresses of the med- everv vm^. ^
ical assessors, and three correct lists each in
alphabetical order according to surnames of
persons appearing on the Medical Register
on the first day of January in every year
with their medical titles ; and the first of
these lists [to be marked "A"] shall contain
the names of all t^ose persons certified by
the Assessors to be possessed of one or more
of the qualifications mentioned in schedule A
to this Act, whose document or documents
evidencing their qualifications to be regis-
tered, do not disclose that they have studied
a particular system of medicine only, and
the second list [to be marked ** B"] shall con-
tain the names of all those persons certified
by the Assessors to be possessed of one or
more of the qualifications mentioned in sche-
dule A to this Act, whose document or docu-
ments evidencing their qualifications to be
registered disclose that they have studied
a particular system of medicine, only,
and the third list [to be marked "C"] shall
contain the names of all other persons
whose names are lawfully on the Register, and

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138

LAWS OFJBARBADOS.

a copy of the Official Gazette for the year
in which the same is last published shall
be evidence in all courts, and before all
Justices of the Peace and others, that the
persons therein named are registered accord-
ing to the provisions of this Act ; provided
always that in the case of any person whose
name does not appear in the Official Gazette
last published as aforesaid, a certificate
under the hand of the Registrar shall be
evidence that such person is registered
under the provisions of this Act ; and the
Registrar shall, on application for such a
certificate, grant the same on payment of a
fee of two shillings and sixpence.

Registration of additional qMalification.

Person registered 7- ^^ery person registered under this Act
may have qualifica- who may have obtained or may obtain any
tions subsequently higher degree or any qualification other than
obtained, inserted the qualification in respect of which he may
in the Register. have been registered, shall be entitled to
have such higher degree or additional quali-
fication inserted in the register in substitu-
tion for or in addition to the qualification
previously registered, free of charge, on
producing a certificate, under the hands of
the said assessors, that he has obtained such
higher degree or additional qualification ;
and the assessors are hereby authorised and
lequired to grant the certificate on applica-
tion to them for the same, and on the appli-
cant producing to them the document or
documents evidencing the higher degree or
additional qualification.

Appeal from Assessors.
▲pplieftnt for 8. In case any applicant for registration

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139

SESSION OF 1889-90.

shall be dissatisfied with the decision of Bej^istration may
the Assessors, it shall be lawful for such ap- Appeal from the As-
plicant to appeal to the Chief Judge of this jre'^cWefSe iS
Island in Chambers, by petition to be lodged chambers,
with the Eegistrar, and the Registrar shall
within ten days after the same is lodged,
bring the same to the notice of the Chief
Judge, who, with the assistance, if he shall
require it, of two duly qualified medical
practitioners, other than the said Assessors,
shall hear and determine such appeal, and
in case the Chief Judge, in Chambers, with
such assistance (if he shall require it) as
aforesaid, shall think the applicant duly
qualified and entitled to be registered under
this Act, he shall direct the Registrar to
place the name of the applicant on the Med-
ical Register.

Erasure of name of registered Practitioner.

9. If any medical practitioner shall be con- Registered prac-
victed of any felony or be deprived of the titioners' name to
qualification or qualifications under which he be erased if he is
is registered by the body or bodies which ^^^^^^**^^^ ^[^ ^®^^^
granted it or them the Registrar shall erase fi^tkm^or dies'^'^
the name of such medical practitioner from

the Register ; and on the death of any
medical practitioner, the Registrar shall erase
his name from the Register.

Recovery of Fees.

10. No person shall be entitled to recover Q^jy reinstered
any charge in any court of law for any med- practitioners enti-
dical or surgical advice or attendance, or tied to recover fees,
for the performance of any operation or for

any medicine which he shall have both pre-
scribed and supplied unless he shall prove
upon the trial that he is registered under
this Act.

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140
LAWS OF BARBAJ>OS

Qualification for certain appointments.

Or to held certain H- No person shall hold any appointuient
appointments. as a physician, surgeon^ or other medical

office in any hospital, infirmary, dispensary,
lunatic asylum; gaol, penitentiary, house of
correction, police station, lazaretto, or other
public establishment, body or institution, or
to any friendly or other society for affording
mutual assistance in sickness, infirmity, or
old age, or as a medical officer of health,
or as medical attendant on the poor of any
parish, unless he shall be registered under
this Act.

Certificate invalid if not given hy registered
Practitioner.

Or to iign a cer- 12. No certificate required by any Act
tiflcate required by now in force or that may hereafter be pass-
any law. ed, from any physician, or surgeon, or licen-
tiate in medicine and surgery, shall be valid
unless the persons signing the same shall be
registered under this Act.

Benefits of Begistraiion.

Privileges of reg- 13. Every person registered under this
istered practition Act shall be entitled, according to his quali-
•r»- fication, to practice medicine or surgeiy, or

medicine and surgery in this Island, and to
demand and recover in any court of law or
judicature, with full cost of suit, reasonable
charges for professional aid, advice and
visits and the cost of any medicines or
other medical or surgical appliances, ren-
dered or supplied by him to his patients.
Provided always that nothing in this section
ProTiso. nhall prevent any person who is now •practis-

ing both medicine and surgery, and who is
registered under this Act from being entitled

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141

SESSION OF 1889-90.

to practise both medicine and surgerj, and
to demand and recover his reasonable pro-
fessional charges as if duly quaUfied to prac-
tise both medicine and surgery.

Registration hy means of false pretenoes.

14. If any person shall wiHully procure p^^„ obtaining
or attempt to procure himself to be registered registration by false
under this Act, by making or producing, or representations li-
causing to be made or produced, any false able to a penalty
or fraudulent representation or declaration ^^^ exceeding ^20.
either verbally oi in writing, every such

person so offending, and eveiy person aiding
and assisting him therein, shall be liable to
a penalty not exceeding twenty pounds to
be recovered before a police magistrate in a
summary manner, or in default of ] aynient
to be imprisoned for any term not ^^xceediiig
three months.

Quacks,

15. Any person who shall wilfully and Penalty for false-
falsely pretend to be, or take or use the ^y pretending to be
name or title of a physician, doctor of medi- tionir '"
cine, licentiate in medicine and surgery,

bachelor of medicine, surgeon, ejeueral prac-
titioner, or any name, title, addition, or
description implying that he is registered
under this Act, or that he is recognized by
law as a physician or surgeon, or licentiate
in medicine and surgery, or a practitioner iu
medicine, shall on a summary conviction
before any police magistrate, for any such
offence, pay a sum not exceeding twenty
pounds into the public treasury for the use
of the Island, or in default of payment be
imprisoned for any term not exceeding three
months.

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\ 142

LAWS\

144

^BARBADOS
a qualification entity fab to !« n^

and to iM^ctice Taed^^gfration Fees. ^id^'^^
United Kingdom und^^ ^be Colonial Seetkel'^i^*^^
Acts now in force theVhall be paid intl»«TArtdct«
which may hereafter K ^he benefit of tlijiJ^^*
there of who shall have fca tf wr ifl«^

after be duly registered u .^{fct adk

Schedule C to
Schedule B. -ealed ; pro-

We do hereby certify that w§* '
amined the documents evidencing tE?®'^^
fication of A. B. to be registered iHL.
'*The Medical Registration Act, 1890/' and
we thereby find that the said A. B. is a
fellow, (or member, &c., as the case may be
as in schedule *A' to this Act,) and is en-
titled to be registered under this Act in
list (A, B, or C as the case may be.)

C.DO

E.F. V
G.H.)

Assessors.

SCHEDULE C.

Date of Act.

15th Aug-
ust 1885,

6th June

1887,

Title of Act.

An Act to estab
lish a system of
medical regstra-
tion in this Island

An Act to amend
The Medical
Registration Act,
1885

Extent of

Repeal.

The whole Act.

The whole Ac^

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&■ J f •

145
SESSION OF 1889-90.

CAP. xxjnv.

(As»Mtedio 14th June, 1890.)
'ARBADOS.

nii^

^jriiT,'"' . .

msl n Act to consolidate the Acts relating to
"^"^tffl^ the land police ; harbour police ; and

(] writ officers.

' I \X^ ^^ enacted by the Grovernor, Coancil,
i> J3 and Assembly of this Island, and by
the authority od the same, as follows ;

Short TUle:

1. This Act may be cited as '*The Police short title.
Act, 1890."

Inter jpretaddon.

2. In this Act, if not inconsistent with the Meaning of termi.
context, the term **police force" shall mean
and include the land police, and the harbour
police, combined into one force, and the term

'•con^We" shall mean and include every
member of the land police or harbour police
as heran defined, excepta groom.

Division.

3. This Act is divided into seven parts as
follows j

Part 1 — Constitution of the police force,
Part 2 — General provisions.
Part 3— The land police.
Part 4 — The harbour police.
Part 6 — Execution of writs, Ac
Part 6— Reward fund.
Part 7 — Miscellaneous provisions.

PART I.
constitution of the police force.

4. The police force shall be composed of the S4;«gn^u ^ p^
following persons who shall be paid salaries iice FwL and fUl-
at the following, yearly rates, that is to say, aries.

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LAWS OF BARBADOS

An Inspector General jBGOO 0 0

An Inspector je300 0 0

Land police.

One Chief Clerk £ 77 0 0

One Sergeant Major £150 0 0

Eleven Sergeants each Je'77 0 0

Twenty one corporals, each £65 0 0

Fifty privates each jB 50 0 0

One hundred privates, each £45 0 0

One hundred and thirty

privates, each £ 40 0 0

Seventeen grooms,... each £ 12 10 0

Harbour police.

One sergeant major £100 0 0

Four corporals, each £ 62 10 0

Thirty five privates,... each £ 48 0 0

Powers of Gover- 5. It shall be lawful for the Govemor-in-

nor in ExecutiT« Executive Committee when and so often as

Committee. |g necessary, but subject to the provisions

of the next following section of this Act, to

do all or any of the following things,

namely ;

(1) to reduce or increase the number of

Eersons composing the police force,
ut so as not to increase the num-
ber beyond the number provided
for by section four of this Act.

(2) to reduce or increase the number of

horses kept for the use of the land
police force.

to close any police stations, and

to rent any guard houses that may

from time to time be required for

the use of the police force.

Kestrictions on g^ The power conferred on the Govemor-

powOT "^^"^ ^ in-Executive Committee under the provisions

of section five of this Act, shall be exercised

(3)
(4)

Digitized by VjOOQIC

147

SESSION OF 1889-90.

in accordance with, and subject to the fol-
lowing provisions, namely ^

(1) every resolution of the Governor in-

Executive Committee shall be of
no effect unless and until it shall
have received the sanction of both
branches of the legislature.

(2) any such resolution necessitating the

expenditure of public money shall
be of no effect unless and until the
Legislature shall on the passing of
the annual estimates or by special
resolution have granted out of the
public treasury the money required.

(3) No person shall be dismissed from
the police force before the expiration

of ^he year for which he has been
enrolled or re-enrolled, but it shall
be lawful not to re-enroll any mem-
ber of the said force on the termi-
nation of the period for which he
was enrolled or re- enrolled, and

(4) every person who ceases to be a

member of the police force shall be
entitled to a refund of all deduc-
tions made from his pay in aid of
the reward fund and of all accumu-
lations of interest thereon at com-
pound interest.

Inspector Oentral.

7. It shall be lawful for the Governor from Ooyernor to ap-
time to time to appoint a fit and proper per- point Inspector
son to have the control and command of the C^ene^al. Besponsi-
police force under the title of the Inspector ^^^ ^' Inspector
&eneial of police. The Inspector General ^^^ '
shall be subject to the general order and
direction of the Governor, and shall be re-
sponsible for the efficient administration and

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148

LAWS OF BARBADOS

government of the police force and for the
proper expenditure of all moneys voted by
the Legislature for the service thereof.

Inspector General B. (1) The Inspector General of Police shall

to be ex officio 8u. ^ ^ QjKdo superintendent of the Fire

BSr Brigrade and shall receive the salary

* attached to tha^ ofl&ce.

Inspector to be (2) The Inspector of Police shall be
"^d *T* ®^*^""" «^ #^ Assistant Superintendent of
ten ent. ^^ ^^^ Brigade and shall receive the

salary attached to that Office.
Inspector General 9. The Inspector General shall be ex officio
to be ex ofl^io Jus- a justice of the peace, but only for the pur-
tice of the Peace. ^^^^ ^f ^j^^ preservation of the peace, the
prevention of crime, the detection and com-
mittal of offenders, and for the other pur-
poses of this Act. He shall with a view to
the efficiency of the police force and uphold-
ing the morale of the same be furnished
To reside at Oen- ^^^ quarters and required to reside at the
tral Pohce Station. ^^^^^^^ ^^^^ g^^^.^^

Governor in Ex- 10. The Inspector General shall on the di-
ecutive Committee rection of the 6ovemor-in-Executive Com-

™tfde^^Xwh Jw *^ "^^^*^ ^^®^^® ^*' *^ P^^^ outside the Central
resi e e ew ere. p^ij^^ Station but within one mile of the

limits of the City of Bridgetown during

such portion of the year as the Govemor-in-

Executive Committee may determine.

Special powers of 11. Besides the general powers in this Act

Inspector General, conferred on the Inspector General, he shall

also be vested with the following powers and

rights ;

(1.) to suspend any member of the force
except the Inspector, for miscon-
duct or neglect of duty and to
place him under arrest, pending an
investigation into his conduct ;

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149
SESSION OF 1889^90.

(2.) to inflict a fine not exceeding twenty

shillings on any member of the

force, except the Inspector, for mis

conduct or neglect of duty, such

fine to be deducted from the next

or the two next issues of pay to such

member of the force ;
(3.) to punish any member of the force

except the Inspector, for misconduct

or neglect of duty by ordering him

to perform extra duties, or extra

drill, or by stepping his leave at

discretion.

12. The Inspector General of Police shall To be responai'
be held responsible for all public moneys ble for all public
which shall come into his chaige or custody, ^g'Jf^^'^"'''*^ ''**'*
imless the circumstances attending the loss ^^ ^ ^^^'

of the same shall be such as shall be deem-
ed by the Govemor-in-Executive Committee
sufficient to absolve him from such respon-
sibility.

13. In every case of serious misconduct or Cases of serious
neglect of duty on the part of any member misconduct of any
of the force, except the Inspector, the In- member of tbe force
spector General shall cause a written charge ^^^ dealt witdi,

or complaint to be delivered to such mem-
ber of the force, and shall thereupon pro-
ceed to hold an investigation on oath into
the truth of such charge or complaint, and
if it appears that the ofltence is of too
serious a nature to be dealt with by him
under the powers by this Act conferred on
him he shall transmit the evidence and pro-
ceedings to the Governor with a recommen-
dation that such member of the force be
deprived of his good-conduct badge or badges
or be reduced from his rank or grade to
another rank or grade below his own, or be

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150

LAWS OF BARBADOS

diMnissed from the force. On receiving
such recommendation the GoTcmor shall
make such order thereupon as to him shall
seem just.

14. In case any member of the force who
•p^'^aenSars" ^*y ^^® ^®^ ordered by the Inspector
deciaon to Qoyer. General to undergo any punishment shall
nor. desire to make a written appeal to the Gov-

ernor against his decision it shall be his
duty to suspend the carrying out of such
punishment and to transmit the appeal to
His Excellency for his order thereon.

Inspector General I^* Besides the general duties imposed on
to perform duties in the Inspector General by this Act, he shall
Schedule A. be required to perform the duties specified

in schedule A to this Act.

The Inspector,
aovemor to ap- 1^- I^ shall be lawful for the Governor
point Inspector. from time to time to appoint a fit and
proper person to be second in command
of the police force under the title [ot In-
spector of police.

His position and 17. The Inspector shall be subject 'to the
duties. order and direction of the Inspector Gen-

eral, and his duties in connection with the
force shall be such as the Governor^ may
from time to time approve.

Inspector to be ex ^^' '^^^ Inspector shall be ex-officio a
officio a Justice of justice of the peace, but only for the pur-
the Peace. poses of the preservation of the peace, the

prevention of crime, the det.ection and com-
mittal of offenders and for the other pur-
poses of this Act. He shall be required to
Where to reside, reside at the central police station or the
harbour police station in the City of Bridge-
town, in such quarters as shall be provided
for him for that purix)8e.

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161
SESSION OF 1889-90.

The Sergea/nt Major$.

19. The sergeant majors shall be bubject anTdutier*****^
to the order and direction of the Inspector

General and the Inspector, and their res-
pective duties in connection with the force
shall be such as the Inspector General may

^"^i^^J^^^^'^^^PP"^'"*' ..,.,. Quarters of Ser.

20. The sergeant major of the land police geant Majors,
shall be furnished with quarters at the

central police station in the City of Bridge-
town, and the sergeant major of the har-
bour police shall be furnished with quarters
at, or in close proximity to the harl>our
police station.

PART n.

Gbnbeal Provisions.

AppointinenL

21. The Governor may from time to time Governor ^to ap-
as occasion shall require, appoint fit and prop- P^int and dismiss
er persons to serve in such of the several f'^^'^**® "*«°»-
ran&s and grades of the police force, as are ^^ ^ ^ ^^^'
subordinate to those of Inspector General

and Inspector, and he may also from time to
time remove or dismiss such persons for
such cause as to him shall seem just, and
any person so appointed shall be enrolled
by the Inspector General in the manner
hereinafter mentioned.

Enrolment.

22. With respect to the original enrolment QuaUficationa for
of constables the following provisions shall enrolment.

have effect, that is to say ;

(1) No person shall be enrolled who,
(a) is less than twenty one or more

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152
LAWS OF BARBADOS

than thirty five years of age, unless
he has previously served at least two
years in the police force ;
(5.) is not of the required height and
chest measurement acoordiec; to a
standard to be fixed from time to
time by the Q-overnor ;

(c) does not satisfactorily pass a medi-
cal examination as to his bodily fitness
to be held by the medical officer of the
central police station, and if the Oov-
emor shall think fit by another duly
qualified medical practitioner ;

(d) does not produce satisfactory proc^
, of good character for energy, ability

and honesty, and that he is able to
read and write, and read writing.
(2) Subject to the provisions hereinafter
contained, enrolment shall be for a
period of one year, but at the end of
that year the constable if of good char-
acter and qualified as herein stated for
further service shall have the option
of re-enrolment for anodier Kke period
and so on, year by year.

28. Every member of the police force on
J!Lr**"^" ^' *^® ^^^ appointed or enrolled shall take the
oath of allegiance and the oath of office
in the manner provided in " The promissory
oaths Act, 1870,*' and on being so sworn he
shall have all such powers, authorities, pri-
vileges and advantages, and be liable to all
such duties and responsibilities as any con-
stable duly appointed now has, or may here-
after have, either by the common law or by

Enrolment to be
for one year.

Oatbt to be taken

force.

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153

3SSSK>N0F 1889^90.

virtue oisaij statute or law which now i^ or
mskf h^eaiter be in force in thin Colony.

24 Eor the firpt three months of his Constable to be
original enrolment every constable diall be^^ probation for
deemed to be on probation, and during ™*^>^'^^j l^"^^^^
that period if found to be wanting in folment.^"^^""*^
intelligence or otherwise unfit for the
force his services may be dispensed
with by the. Inspector General, but at the
end of that period his enrolment shall be
deemed to be duly confirmed. The provi-
sions of this section shall apply to all per>
sons who leave the force and are subse-
quently re-enrdUed therein.

dotkinq and equipment.

26. Each of the commissioned officers of AH membera ot
the Police Force shall be furnished with the force to be
a suitable uoifi^rtn and they acd the mem- clottied armed and
bers of the police force, shall be severally p^bU^pen%*e ^^^
clothed, armed and equipped at the public pen%e.

expense in such' manner as the <3-ovefBor»-iB-
Executrve Cwnmittee may from time to
time direct and provide.

26. Every constable shall be furnished cots &c., to be sup-
witha cot, bolster and blanket. plied to constables.

27. N^o member of the force shall be en- , Articles supplied
trtledto keep or retain any article what- ^.^^^^tTxt^!
soever supplied to him at the public expense tive Commitfeee.
for. his own private use or benefit, but he

shall hold every such article at the order
and disposal of the Governor in Executive
Committee.

. 28. Every member of the force who shalL^^^^^^f ^^^.^Yncr
be dismissed^ therefrom or who shall resign to deliver up all ai^
his office therein or shall otherwise leave tides supplied,
the .force,, shall immediately deliver up
to the person appointed by the Inspector

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154
LAWS OF BARBADOS

Penalty.

Recovery and dig-
posal of penalty.

Governor may
grant a discharge
from the force.

Liability incur-
red by quitting the
force without a dis-
charge.

Penalty on assist-
ing deserters.

General to receive such articles, every ar-
ticle whatsoever which has been supplied to-
him at the public expense and which he
has not been expressly authorised to keep
for his own private use, and in default
thereof he shall be liable to a penalty of
double the value of the article not deliver-
ed up.

29 Such penalty may be recovered on
complaint of the Inspector General before
any police Magistrate, and in default of pay-
ment the offender shall be liable to im-
prisonment for a term not exceeding three
months with or without hard labour ; and
every such penalty when recovered shall be
paid into the treasury to the credit of the
general revenue.

Quitting the force and deserting.

30. If any member of the police force
shall desire to quit the force before the
expiration of his period of probation, or
time of enrolment he may obtain his dis-
charge by special permission of the Gvo-
ernor. In case any member of the force
shall quit the service without having ob-
tained any such discharge, he shall be
liable, if a sergeant major or a sergeant,
to a penalty of fourteen pounds, and if a
corporal or private to a penalty of ten
pounds; and iu addition to such penalties
every member of the force thus deserting
shall forfeit all pay then due to him.

31. Every person who shall assist any
deserter, knowing him to be such, in de-
serting and concealing himself shall be
liable to a penalty not exceeding fourteen
pounds.

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155
SESSION OF 1889-90.

32. Sucb penalties respectively may be Recovery and dis-
recovered on complaint of the Inspector P^^a) of penalties.
General before any police magistrate, and

in default of payment the offender shall be
liable to imprisonment for any term not
exceeding three months, with or without
hard labour. Any such penalties when re-
covered shall be paid into the treasury to
the credit of the general revenue.

Messing.

33. Every unmanned member of the police Members of the
force, and also any married member of the force who are un-
force whose family reside beyond one mile ^^^^ or whose
from the station to which any such member /^^^ one mVfrom
of the force may be attached shall be severally their station to be
provided with sufficient good and whole- messed.

some food and mess-traps in sucb manner,

at such times, and at such places as the

Inspector General with the approval of the

Governor, may from time to time direct

and appoint. The cost of the food and

mess-traps, with the expense of uroviding Cost of food and

the same, shall be defrayed by the «iem- ^®^«^«-*^Ps ^^^^ ^^

bers of the force to whom the same are ^"® ^ ^ ^^^'

supplied, and sball be deducted in each

month from the pay of the members of the

force supplied therewith ;

34. A military tin or canteen shall, at the Military tin sup-
public expense, be provided for each mem- plied at public ex-
ber of the force to whom the last preceding pense.

section of this Act applies.

Rules and regulations.

35. It shall be lawful for the Inspector Inspector General
General with the approval of the Govei- ^^^^ ^?^«^^r's ap-
nor to make and ordain such rules and P'^^^*^ ^ "'^^^ "^^^^
regulations and from time to time with the

like approval to alter, add to, vary, or an-

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166

LAWSOF BARBADOS

nul the same, as may be fo«nd necessary

or deeaied expedient for the good -ordering

and govennneBt of the pol»ie f^ree^ for

the due ezeeution of all writs azid other

processes entrusted to the polioe for ^xeeu-

tkm> for the due aecountiiig for all moneys,

And acquaint goods or chatty that may be reeeived by

members of f orce 0,^^ ^^^er in the execution of any writ or

therewith. ^^y^^^ process ' and generally in connection

with the adminii^ration of the force, and

the members of tlie force shall be made

duly acquainted with the same and shall be

and are hereby required to conform them-

Governor in Ex ^^^^^^ thereto.

ectttive Committee . ^^- ^^ ?^^^^ ^ lawful for the Governoi-

to make rules to in-Executive Committee from time to time

regulate traflac in as occasion may require to make rules and

Bridgetown and regiilations for the route to be observed by

K^lf^^^'ps.ritSl^l carts, carriages, and other vehicles, and
boats in Carlisle „ , ' 3 ^ • ^i rn-^ £ t»Aa

3ay all horses and persons m the City of Bridge-

town and in %eightstown, and for thie re-
gulation of the trafl&c and the j^'evention
of obstruction in the streets, thoroughfares
and public wharves of Bridgetown and
Speigntstown and for controlling the move-
ments of private and passenger boats in
to and from Carlisle Bay.

Such rules and regulations when thev
shall have received the -sanction of botn
houses of the Legislature and shall have
been published in the Official Gazette shall
have the force and eflect of law and shall
Any person wil- be binding on all parstms.
fully infringing any 37. Any person who shall, wilfully infringe
such rule may be anv of the said rules and regulations after
arres^d and toed.^jj'y ^^^^ ^^^ jpublished in the Official Ga-
zette as aforesaid, may be arrested by any
member of the police force or other consta-
ble who may see such ojffence committed or

Digitized by VjOOQIC

15?

be brought up by summons before a
police magistrate, and for evexy such
oilenoe he shall be^ liable to a fine not
exceedkig two pounik or to impriso nme
with or without hard li^)o«r for any period
not^^xeeecUng one monthi unless such fine
shall be sooner pmd ; and all fioee and pen-
a^ies received under this section «ball be
paid into the treasury to the or^it of the
general rwwnue.

38. Provided alwa^«^hat none of such rules ^. ^J'^^^^'f ^ fj^
and regulations stall provideior tlie expen- public^money^** ^
ditnte ^ any pubhc .mo&ey.

39. Allthelands^bmldiBgsJUBd^itber pix>- Lands &c.> con-
petty whatsoever, wh^her real oi' iiersomil^ectedivifeh Police
belongrsg to or ^otineoted with tUe |K>Urre Foyy veatedip^gt-
fo»8, fihaii on thepassing of this Af^t. vest ''^''^'*^ Commttfeee.
in tl^ Executive ComaaKittee, and «4u*h Com-
mittee, shall be and is hereW charged with

the care, control, andreparationof the same

40. The Eicecutive CS»nmittee shall-; .

(a) take eare that the force is at all ^ive ofmSiitte^Tn
times properly and efficiently suf)^ r<spect of such land,
plied according to the provist^is &c.,
of this Act' with horses and all
necessary things for the good gov-
ernment of the service ;

(h) make any alterations in the said
buildings as may be ueces«)ary ;

as may be required for the services
(d make |M'ovision for having the m^n-

hers of the force who are to be

m^«ed as aforesaid suppUed with

mess-trs^ and a tin or canteen ;
(e) make provision for having the

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168

LAWS OF BAEBADOS

horses supplied with sufl&cient pro-
vender ;

(/) make provision for the keeping in
repair of the stations, and for the
furnishing of such medicines and
other supplies as may be necessary
for the service, and

(g) sell, from time to time, any of the
horses, property and tMngs belong-
ing to the force, and pay the money
arising therefrom into the public
treasury of the Island.
Enrolment of police for special occasions.

Inspector General ^^' Whenever application shall be made
with Goremor's to the Inspector General by any person
sanction may enrol for a constable or constables to be employed
supernumeraries for in their service, and on special duties, the
special duties. Inspector General shall, with the sanction

of the Governor, enroll men as supernu-
meraries who shall be employed on such
special service.
Men so enrolled ^2. The men so enrolled and employed
to be subject to the shall be considered to all intents and pur-
rules of the force poses as belonging to the police force, and
shall be subject to the rules, regulations
and orders for the good government of the
force, and to all the provisions of this Act
as legards the discipline, punishment, pow-
ers and immunities of the regular members
of the police force.
Pay and expenses 43. The pay and expenses of such super-
of supernumeraries numeraries shall be defraved by the persons
and cost of Uniform ij.i^ ^j^el^ services,^ and the pay shall
by whom defrayed- ^^^^^ ^^^^^ ^^^^ ^^^^ ^^ the Inspector

General and not exceeding fifty pounds
per annum, and such person shall also
defray the cost of uniform and any other
reasonable expense which the Governor-in-
Executive Committee may decide upon as

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159

SESSION OF 1889-90.

necessary to be paid. Such pay and expenses
shall be paid monthly in advance into the
public treasury to the credit of the general
revenue

44. Any sum payable under the last Recovery of su ma
preceding section of this Act may be recov- payable under sec
ered before any police magistrate on the *^^^ ^'
complaint of the Inspector General from the

person rendered liable by that section to pay
the same in the same manner as servants
wages.

45. Whenever it shall be desired by per- Discontinuance
sons availing themselves of tbc^ services ^..^Ull^L^ super-
or any such supernumeraries, to iiave such

services discontinued they shall give one
months notice thereof to the Inspector
General.

46. The pay of the supernumeraries shall nq reward fund
not; be subject to deduction tovards the for supernumeraries
reward fund, nor shall any f u pern urn e-

rary have any claim upon the said fund.

Offences.

47. Every constable who shall begin, Constables triable
arise, abet, countenance or excite mutiny ^/^^^""^'f^r ^ain
or cause or join m any sedition or dis- offences of the na-
turbance io the company to which he tare of insubordina-
belongs or in any patty, post, detachment tion.

or guard on any pretence whit soever, or
who being present at any assemblage
tending to riot shall not use iiis ut-
most endeavours to suppress the same, or
coming to the knowledge of any mutiny,
rebellion or insurrection shall not without
delay give information thereof to the police
magistrate or some justice of the peace of
his district, or who shall strike the police
magistrate of his district or any superior
officer under whom he may be placed, or

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160

LAWS OF BABSJlDOB,

wkatlutU draw or offer to draw, or ii£t up
any w««poii or offer aoy violence against
hha, or shall chaUeoge or send to or cause
to be sent any challenge to his superior
officei^orwho aball affnmt him, shall he
liable to be tried before the police magistrate
of the dismct wberein any or either o£
the said off^ees^shi^l have been caminit-
ted, and may be. placed under arrest by any
superior of&cer und^ whose order or eotn-
mand he may then be until he shall have
been tried by such police magistrate,
and on being convicted of any or either
of the said offences by the police mag*
istrate shall i^ifier such fine aad imprison-
ment, or either, as the police magistrate ahall
inflict or award, such fine not to exceed
thirty p<Hmds, sdod such imprisonment noi to
exceed twelve months ; and such, fine is. to be
leyied and raised as inr the 3ase of servancs'
wages, and paid into the treasury to the
credit of the general revenue.

48. Every constable who shall disobey

Penalty oa diso- any lawful command of his supenor. officer,

bedience of orden qj^ y^i^Q gjjj^j refuse' or nefflect to perform

fences. "i™» ^^ ^^^ shall without toive of hia com-

manding officer leave ov quit his coaipaxiy
or any party, detachment^ or guard thereof
or who shfdl advise or persrade : any other
officer or private to quit his company or
any party, detachment or guard tli^reol
without leave from his ^x)mmaiiding c^cer,
shall be Hable to be tried before the
police magistrate of th<> district whevein
any or either of. the said offenoes
shall have been committed, and may be
placed under arrest by any superior officer
under whose order or command he may

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161

SESSION OF 1889-90.

then he, until he shall have been tried by
such police magistrate, and on being con-
victed of any or either of the said offences
by the police magistrate shall suffer such
fine and imprisonment, or either, as the po-
lice magistrate shall inflict or award, such
fine not to exceed fifteen pounds and such
imprisonment not to exceed six months ;
and such fine is to be levied and raised as in
the case of servants' wages, and paid into the
treasury to the credit of the general revenue.

49. If any constable shall be guilty of Penalty for neg-
any neglect or violation of duty in l^^ J^^^^^i^^y ?*l^?r
office other than those mentioned in the ^^^^^^ ^^^^^
two last preceding sections of this Act, he

shall for every such offence on conviction
thereof before the police magistrate of
the district be liable to a penalty not ex-
ceeding six pounds, and the amount of such
penalty may be deducted from any pay
accruing due to such offender under this
Act upon a certificate thereof to be trans-
mitted by such police magistrate to the
Inspector General, and in default of pay-
ment it shall be lawful for the police magis-
trate to commit the offender to prison for
any term not exceedmg three months, with
or without hard labour. All penalties to be
so levied shall be paid into the treasury to
the credit of the general revenue.

50. In any tritl before a police magistrate inspector General
for any offence under the three last pre- to sit as assessor
ceding sections of this Act, the Inspec- with Police Magis-
tor General shall associate himself and sit *^*®-

with the poliee magistrate hearing the case « •atrate

as assessor ; provided always that if the i^,^ ^ ^ye Courts

magistrate and the Inspector General shall decision.

not agree together in the judgment, the

judgment of the magistrate shall be the

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162

LAWS OF BARBADOS

Bight of Appeal, judgment of tte Court ; provided also that
the fact of the Inspector Generars be-
ing 80 associated and sitting with the police
magistrate shall not in any way take away
or prejudice the right of appeal of any per-
son to the Assistant [Court of Appeal and
from that Court to the Court of Error in* the
usual course.
Offence against 51. If any offence with which any consta-
MagUtrate to be y^^^ y^^ charged, shall be charged, to have
o/^ioi^ing*di8trici. ^^^ committed against the police magistrate
of the district in which the offence is
charged to have been committed, in such
case the complaint shall be made and
heard before a police magistrate of any ad-
joining district.
If oflScerof Magis- 52. If any complaint shall be brought by
traW Court is com- au officer of the magistrate's court in the

^ ' gistrate shall, if the defendant shall ask him
to do so, order that the venue be changed,
and that the complaint be sent for hearing
to the magistrate of any adjoining district
of which he is not the magistrate ; and the
clerk of the first mentioned court shall
forthwith transmit by post to the clerk of
the last mentioned court, a certified copy
of the complaint as entered in the complaint
book, the duplicate copy of the complaint
and particulars served on the defendant,
and a certified copy of the order for chang-
ing the venue as entered in the minute
book ; and the police magistrate of such
adjoining district shall appoint a day for
hearing, notice whereof shall be sent by
post or otherwise by the clerk of such last
mentioned court to both parties.

Penalty on using 53. If any constable shall on any pre-

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163
SESSION OF 188990.

tence whatsoever use any horse or boat be- any Police horse or

longmsf to the service, committed to his care ^^^.. ^^® f^^ ^^?

J^ .1 IT 'n pubhc service and

except on the pubhc service, or ill use or ^^ -u ^^ ^^g

abuse the same, or shall sell, lose, barter, or &c.,
spoil any of his arms, clothing or accoutre-
ments, he shall be liable to iitstant dismissal
from the force, and in addition to any other
punishment which the law may direct, may
be proceeded against in a summary maimer
on the complain'!} of the Inspector G^eneral
before a police magistrate for the recovery
of a sum equal to that required to repair
the damage done. Every sum recovered un-
der the provisions of this section shall be
paid into the treasury to the credit of the
general revenue.

Medical attendance,

54. Duly qualified medical men shall be Governor shall
appointed by the Governor, one for the appoint Medical at-
central and harbour police, and fire brigade ^^^^dants.
stations, and the police hospital at Bay

Street, and one for each of the other dis-
trict stations at the following annual
salaries ;

For tbe central, harbour police fire Pay for attend-

brigade and Bay Street Hospital, one j^^^^"*'*^ **^- ®**"

hundred and fifty pounds.
For each of the other district stations Pay for attending

a sum not exceeding twenty five ®?^h of other Sta-

pounds, to be paid from such sums **^'^8-

as may from time to time be voted

by the Legislature.

55. The medical men so appointed shall Medical men to
be required to reside within the districts reside within dis-
for which they may be appointed. tricts.

56. It shall be the duty of such medi- Duties of medical
cal men to visit, whenever necessary the men.

stations and hospitals under their charge,
and prescribe for the men of the force and

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164

LAWS OF BARBADOS

persons confined in the police cells who
may be reported unwell, and, in the case of
the medical ofl&cer of the Central Station,
also for the members of the Fire Brigade,
and thej shall insert the names of the
sick and directions as to treatment in books
to be kept at each station for that purpose.
Diet sheet and 57. A uniform diet sheet and rules for
rules for hospitals ^\^q police hospitals and for sick persons
Ac, to be drawn up. confined in the police cells, shall be estab-
lished under the sanction of the Governor,
and the men when in hospital shall be sub-
ject to the hospital rules and treatment.
Hospitals.
Hospital accom- 58. At each station there shall be pro-
modation to b© pro- perlv fitted up one or more rooms as a hos-
vided at each sta- pj^i f^j, t^e accommodation of the sick of
**^^* that station, except that at the Bay Street

barracks sufficient nospital accommodation
shall be provided for the sick of that sta-
tion and the sick of the central and har-
bour police and fire brigade stations.
Stoppages of pay 59. Each member of the force whilst in
whilst in hospital, hospital shall be subject to a daily stoppage
of one shilling and such stoppage shall be
accounted for monthly by the sergeant of
the station to the Inspector General, who
shall pay the same into the treasury to the
credit of the general revenue.

PAKT m.

THE LAND POLICE.

Distrihidion of the Land Police*
PoUce to be dis- 60. The land police shall be distributed
tributed as Gover- as the Governor-in-Executive Committee
nor in Executive shall determine from time to time and the
Committee deter- distribution may be altered if the Governor-
°"°®' in-Executive Committee consider it expedi-

ent to do so.

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165
SESSION OF 188990.

Horses and vehicles.

61. Fifty two horses shall be provided Number of horses
and kept at the pubKc expense for the use to be kept.

of the land police force, as follows ;

2 for the Inspector General.

1 for the Inspector.

1 for the sergeant major.

1 for the police cart.

47 for the remaining portion of the
force.
Provided always that nothing herein con-
tained shall affect the power of the Governor-
in-Executive Committee to reduce the num-
ber of horses under the provisions of sub
section two of section five of this Act.

62. Every horse when purchased shall not t- -^ .

be under four or ever seven years of age hoi<fht of * horaw
and not less, than fourteen hands in height, purchased.

63. If any horse at any time becomes un- Disposai of unser-
serviceable, the Inspector General shall viceable horses,
with the approval of the Governor- in- Exe-
cutive Committee, take steps to have the

said horse disposed of by j^ublic auction
and the amount for which the same shall
be sold, shall be paid into the treasuiy to
the credit of the general revenue.

64. Thetravellmg expenses of the In- Travelling expens-
spector General and Inspector whilst visiting es of Inspector
the rural stations on official business, shall General andiaspcc-
be paid from such siuns as shall be voted tor.

by the Legislature from time to time in
that behalf.

66. The horses belonging to the force shall Police horses ex*
be exempt from aU taxes. ^mpt from taxes.

PART IV.

THE HAKBOUB POLICE.

66. In addition to their ordinary duties as Special duties of
constables under this Act, it sball be the the Harbour Police.

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LAWS OF BAKBADOS

special duty of the harbour police to pre-
vent crime and disorder in the careenage
iind in Carlisle Bay, and to prevent persons
from boarding any vessel without leave of
the master of the vessel, and, if necessary,
to remove any such person or persons from
and out of the vessel, and to enforce the
provisions of the law in respect to harbour
and quarantine regulations, and to the
utmost of their ability endeavour to detect
and prevent all breaches of the revenue
laws, and to carry into effect all the lawful
orders of the Inspector General and In-
spector in all matters relating to the port
and harbour of Bridgetown, and to offences
and offenders therein.
Harbour Police 67. It shall be the further duty of the
to report persons harbour police to report to the Inspector
boardinsr vessels (General or Inspector any person who shall
;:^togtd^I?lan>^<i any vessel without leave from the
guage or making master of the vessel, or shall make use of
disturbance. obscene, indecent, profane or insulting lan-

guage, or who shall make or cause to be
made any disturbajice in Carlisle Bay, and
the Inspector General or Inspector may di-
rect a complaint to be lodged by a con-
stable against any such person for any such
offence, and such person shall on convic-
tion thereof before one of the police magis-
trates for the City of Bridgetown be pun-
ished at the discretion of the police magis-
trate by a fine not exceeding ten shillings,
to be recovered as in the case of servants
wages.
Inspector General 68. The Inspector General or Inspector
or Inspector to visit are hereby required immediately after
Royal Mail Ships ^i^^ jg^yal Mail Steam Packet Company's
dSSl^'^'and to bi-monthly steamships from England arrive
pr^rve order. ^^ Carlisle Bay and are admitted to pratique

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167

SESSION OF 1889-90.

and at least one hour before the same Com-
pany's bi-monthly steamships leave for Eng-
land, to visit and board such steamships and
remain on board or alongside for so long a
time as their presence is necessary or pro-
per for preserving order amongst the boat-
men and other persons going to and coming
from such steamships.

69 The constables of the harbour police Constables of
shall iu addition to the quMlifications Harbour Police to
required by this Act, for the enrolment of he skilful boatmen,
constables, be practised, experienced and
skilful boatmen.

70. The Inspector, and sergeant inajoi-, inspector aad
of the harbour police, are each of them Sergeant major to
hereby required to visit the several guards visit guards at
in the Bay, and the harbour police station iiig^it and visits to
twice at least in each week, during the night; ^^ noted.

such visits shall be noted in the station
guard book.

71. The Q-^wernor-in-Executive Committee Governor in Ex-
shall provide and keep for the purposes of ecutive Committee
this Act three four-oared boats, and one to supply boats,
two-oared boat fit and proper for the ser-
vice, fully furnished with oars and all

necessary furniture to be approved of bv
the Inspector General, or such other appli-
ances as may from time to time be thought
necessary. The Governor-in-Executive Com-
mittee is hereby authorised to hire and Additional boats
employ from time to time as occasion may ^^y^® bired.
require any boat or boats additional to
those herein mentioned for the harbour
police service.

72. Two. of the four-oared boats Bhall be rp^^ ^^^^^^^ ^
manned by not leSs than five men of the be alternately on
force and shall alternately be on duty in guard in Carlisle
rowing guard in Carlisle Bay during the ^^7-

day, and two shall be on guard during the

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168

LAWS OF BARBADOS

night, and the Bmall boat shall be manned
by two men, and be on guard in the careen-
age during the day and night, and the
boats shall perform such other duties as the
Inspector Cfeneral or Inspector shall direct
Boats to be used but under no circumstances shall the boats

only for the public of the force be used or employed except

service. ^^^ ^j^^ public service.

PART V.

Execution of writs, &c.

Inspector General 73. It shall be the duty of such members
to appoint not more ^f ^he police force, not exceeding forty in
t^xec^te^ritsTcV'^^'-'^? the Inspector General of Police
may appomt, to execute all wnts, warrants,
orders or commands of the Chief Justice,
the Judges of the Assistant Court of Ap-
peal, the Judges of the Petty Debt Courts,
or any magistrate and to attend upon the
police magistrates and Judges of the petty
debt courts in the City and districts, and to
execute writs issuing from the office of the
Treasurer of the Island for the collection of
taxes, and to perform duties of a similar
character.
Writs &c., issued 74 When any writ, warrant, order, com-
in one Magisterial mand, or other process under the hand of
^t\noie^Z;^''y Police Magistrate, Judge of theTetty
be returned before Debt Court, or Judge of the Court of Ap-
the Magistrate of peal, shall be executed by any writ officer
the district in which in any district or parish other than that
executed. i^ which the said writ, warrant, order,

command, or other process shall have
issued, the said writ officer may, and it
shall be lawful for him to make a return
to the Police Magistrate, or Judge of the
Petty Debt Court, of the district in which

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169

SESSION OF 1889-90.

it was executed and swear to the due exe-
cution of the same ; and the said
Police Magistrate or Judge of the Petty
Debt Court shall duly sign the same as
such Police Magistrate or Judge of the
Petty Debt Court. And the Clerk of the
said Police Magistrate or Judge of the
Petty Debt Court shall forthwith for-
ward the same to the Police Magistrate
or any Court from which such writ,
warrant, order, command, or other process
had issued, who or which Court shall take
notice of the same, and the said writ, war-
rant, order, command, or other process shall
for all purposes whatsoever be considered
and recognized as duly served.

PART VI.
The Reward Fund
75. All fines imposed on members of the Fines and deduc-
police force shall be paid over to the Treasur- tions payable to re-
er, and carried by him to the credit of the ^*^ *'*^^-
reward fund. The Treasurer shall also
deduct monthly the following sums from
the pay of every constable and carry the
same to the credit of the reward fund,
namely ;

From each sergeant major's pay 5s. 6d.

sergeant's „ 4s 2d.
corporal's „ 3s.
1st class constable's,, 2s. 8d

2nd „ „ 2s. 5d.

3rd „ „ 2s. 2d.

harbour police

)

corporal's „ 3s. 8d.
harbour police

constable's,, 2s. 7d.

76. Ir
reward

\ appropriating and dealing with the Constables who
fund, the constables who became joined before ist

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170

LAAVS OF BARBADOS

Feb. 1873, to have members of the police force or have served
claims on the fund thereiD, previously to the first day of Peb-
^th^d^^m'' ^"^^^ one thousand eight hundred and
^ seventy three, or the widows and families

of such persons after their death shall be
interested in the fund under the conditions
for distributing and applying the same here-
inafter referred to as "the old system;"
Those who joined and the members of the force, except the

^^^ '^^?!^^? Inspector General and Inspector, who have
with ** tne new sys- , ^ * .•» t x: n

^m" become members thereof or have served

therein on or after the first day of Febru-
ary one thousand eight himdred and seventy
three or may hereafter become members of
the force or serve therein, or their widows
and families after their death, shall be inter
ested in the fund under the conditions for
distributing and applying the same, herein
after referred to as "the new system."
Members under Provided always that any member of the
the " old system" force interested in the reward fund under
may elect to come the old system may at any time before re-
under ^^ " the new tiring from the force, with the approval of
system" ^j^^ Govemor-in-Executive Committee elect

to have his interest in the fund placed upon
the new system. Any member of the force
who may elect to be placed on the new
system, and his widow and family, if any
after his death shall be held, by virtue of
such election, to have forfeited all claims on
the reward fund which he or they may or
might have possessed under the old system.
Appropriation of '^'^^ The reward fund under the old system
""Z'oldwC^^^ appropriated for payment of such

rewards, bounties, pensions or other allow-
ances, as the Govemor-in-Executive Com-
mittee from time to time award to the mem-
bers of the police force interested in the fund

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171

SESSION OF 1889-90.

under that system, or to the widows and
families of any such person after death. The Bu^es for i^rant-
following rules shall be observed in grant- ing pensions,
ingany such pensions, that is to say, when
the person applying for the same shall
be under sixty years of age, it shall not be
granted unless he is incapable from infirmity
of mind or body to discharge the duties of
his ofiice, which incapacity must be cer-
tified by a medical board appointed as
hereinafter mentioned ; in which case, if he
shall have served with diligence and fidelity
for ten years, it shall be lawful to grant him
an annual sum, not exceeding one third of
his pay; if above ten years, and less than
fifteen, a sum not exceeding half of his pay
if above twenty years a sum not exceeding
two thirds of Ms pay ; and where the person
applying shall be above sixty years of age
and he shall have served fifteen years or
upwards, it shall be lawful, although there
shall be no certificate of ?ncapacity from
infirmity, or injury of body or mind, to grant
him by way of superannuation, an annual
sum not exceeding two thirds of the pay of
his office ; if sixty five years of age or
upwards, and he shall have served thirty
years or upwards, a sum not exceeding
three fourths of the pay of his office ; if
sixty fiive years of age and upwards, and
he shall have served forty years, a sum not
exceeding the whole of his pay.

78. li any member of the Police Force Effect of leaving
' shall leave or be dismissed from the Force, the Force on claims
he shall forfeit all claimsto the Reward Fund, on the reward fund,
unless under very special circumstances the
Governor-in-Executive Committee shall be
pleased to make an exception in favour of
such member, to the extent of returning to

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172

LAWS OF BARBADOS

him the whole or any part of his contribu-
tions to the Reward Fund.
prSto* ^and*dSS" ^^- '^^^ following rules shall be observed
ing with the rewlrd ^^^ appropriating and dealing with the re-
fund under *' the ward^fund under the new system, that is to
new system." say ;

(1) The deductions from the pay of
such members of the force as
come under^the new system, shall
be paid by the Treasurer to the
Inspector General and by him
into the savings-bank to separate
special accounts, (to be numbered
consecutively from one upwards),
in the joint names of the Inspec-
tor General and Inspector.

(2.) The Inspector General shall' keep
a book in his office, showing the
amounts of the deposits on each
account together with the names
of the men from whose pay the
money so deposited has been de-
ducted and the amounts received
for interest on each account ; and
such book and the savings bank
pass-books to which it refers,
shall be open at all times to in-
spection and audit by the Auditor
General.

(3.) Subject to the provisions of sub-
section six of this section, when
a member of the force shall retire
from the service with a ^ood con-
duct certificate, or shall die in the
service entitled to such certificate
the money deducted from his pay
and deposited as aforesaid in the
savings bank with the accumula-

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173

SESSION OF 1889-90.

tions of interest thereon at com-
pound interest, shall upon the order
of the Governor in Executive Com-
mittee be paid to him or to his order
or to his widow and children, or chil-
dren (as the case may be) : provided
always that on the death of such
member of th eforce as aforesaid it
shall be lawful for the Governor-iii
Executive Committee, on applica-
tion being made for sucli purpr^se,
and on being satisfied with the ex-
pediency of dispensing with })ro-
bate or letters of administration to
authorise by warrant under his
hand the Inspector General and
Inspector to pay to such person
as shall appear best entitled to
receive the same, the amounts as
aforesaid with all accumulations
thereon ; provided the same do
not exceed fifty pounds.
(4.) In the case of men quittiu^ the
service without good conduct cer-
tificates, or dying in the sjr^dce
not entitled to such, the pay de
ducted from them shall with the
compound interest thereon be
transferred to a separate account
in the said savings bank in the
joint names of the Inspector Gen-
eral and Inspector (to be called
** the reserve fund") to be accumu-
lated at compound interest, and all
fines imposed on members of the
force shall be placed to the same
account, and from these sums and
the interest thereon, special re-
wards may be awarded by the

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LAWS OF BARBADOS

Goveraor-in-Executive Committee
to the members of the force,
except the Inspector General and
Inspector, for meritorious services.
The Inspector Getieral shall keep an
account of the receipts and dis-
bursements of the Beserve fund,
and such account shall be subject
to audit by the Auditor General.

(5.) No member of the Force shall be
granted a pension, gross sum or
refund of his contributions on
quitting the force, unless he shall
produce a certificate from the
medical board hereinafter men-
tioned stating that he is incapa-
citated either in mind or body
from performing the duties of his
office, and that such incapacfity
has not been caused by his own
intemperance or other misconduct.

(6.) Subject to the provisions of sub-
section five of this section, mem
bers retiring after more than ten
years meritorious service with spe-
cial certificates of good conduct,
efficient service, and ability, and
also members who although not
having served ten years, shall
show to any medical board ap-
pointed under the provisions of
this Act, that they have contracted
disease or received the injury in
consequence ot which they are
discharged in the performance of
their duty, and shall likewise
receive certificates of good conduct
and efficient service, may on the

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17S

SESSION OF 188990.

authority of the Governor-in-Ex-
ecutive Committee in addition
to being refunded their contribu-
tion to the Reward fund, bo
awarded from the Public Treasury
a pension during their respective
lives at a rate not exceeding one
sixtieth of their pay for each
year's service, or a gross sum at a
rate not exceeding a months' pay
for each year of service.

80. If any member of the force who comes Course to be pur-
under the old system be brought under the ^^^^ ^the oS'"^^
new system, the Inspector General shaU ""^.f.V ^^^J^l^^^^^
thereupon deposit in the savings bank of dei- " the new sys-
this Island to a separate special account in tem."

the joint names of the Inspector General and
Inspector the deductions from the pay of
such member of the force made prior to his
being brought under the new system, and
shall pay to the said separate special ac-
count aU futiu*e deductions made from the
pay of such member of the force on account
of the reward fund, and shall make entries
of all such deposits, and of the name of such
member of the force in the book herein-
before mentioned.

81. The Governor shall appoint a board of Governor to ap-
three duly qualified medical men to examine point a Medical
all members of the police force wlio are en- Board to examine
titled to any pension or gratuity or refund »-Ppli<»nt8 for pen-
under this Act, and who are recommended ^^^^®

for discharge on account of disease or disa-
bility.

82. When the disease or disability of an ap- Medical Board
plicant is not a permanent one, and the may recommend
medical board are of opinion that his health leave of absence,
may be restored by a lengthened period of

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176

LAWS OF BARBADOS

rest, they may recommend such applicant
for leave of absence on half pay, for any
period not exceeding six months, and the
Inspector General is hereby authorised to
enrol in the usual manner some person to
serve in his place during such leave of ab-
sence.

Fees to members ^* Each member of the medical board shall
of Medical Board, he paid out of the treasury on the warrant
of the Governor-in-Executive Committee the
sum of ten shilhngs and sixpence for each
member of the force whom he may ex-
amine.
Constable not en- 84. Any constable who is not entitled to a
titled to pension pension, gratuity or refund, may be dis-
may be ^charged charged on the certificate or recommenda-

^'l^-fi''^ffln!;!.fi,^«tionof the medical officer of the station

medical officer of his , , . 1 1 • j ^ -j j

station. where such constable is on duty ; provided

always that if such constable is dissatisfied

* with the opinion of such medical officer he

may apply through the Inspector General to

the medical board for examination and he

shall be examined as in other cases, but

should the medical board concur in the

opinion of the medical officer of the station

the expenses of such examination shall be

deducted from the pay of the constable so

examined. In like manner and with th«

Discharge of con- same conditions, any constable who considers

stables who consider himself entitled to his discharge on account

to^scW e^^n^^'^c^ ^^ disease or disability, may apply for exami-

<joui^t Vdfsea'^se &c" ^^^^^^ ^^^ ^^ examined as before provided :

piovided that such constable muBt first

have been examined by the medical officer

of the station where he is on duty, and

have been refused a recommendation for

discharge on examination by such medical

officer.

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SESSION OF 188990.

PART VII.

MISCELLANEOUS PROVISIONS.

General duties.

85. All members of the police force are General duties of
hereby authorised and required to appre- all members of the
hend all loose, idle, or disorderly persons force,
whom they shall find disturbing the public
peace, or whom they shall see cause to sus-
pect of any evil design, or shall find lying
about in any street or highway or other
place, or loitering therein and not giving a
satisfactory account of themselves, and
bring or cause such persons to be brought
before a police magistrate at his office to be
dealt with according to law ; and in case
such office shall not be open, then to com-
mit every, such person to safe custody for
the time. All members of the force are
hereby also authorised and required to pre-
vent all offences, evils and inconveniences
whatsoever in the City or any of the towns
and, throughout the Island, and in the Bay
and careenage, and to disperse all mobs, to
prevent all swearing, quarrelling, or improper
behaviour, to enforce due observance of
the Sabbath day, to impound all dogs, hogs,
horses, goats or other animals going at large,
to apprehend all persons whom they may
find plundering any growing crops, and all
persons having in their possession stolen
goods, knowing the same to be stolen, and
strictly to prevent all firing of guns and
pistols or other firearms, or of squibs, rock-
ets, or other fireworks, or the flying of kites
in the City or any of the towns or public
roads of the Island ; also every kind and
description of fiuious, careless, or negligent

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LAWS OF BARBADOS

riding or driving of horses or other cattle
and to prevent, if possible, any misconduct
on the part of drivers of waggons, carts or
cranks, and to note the names of the pro-
prietors of such vehicles, and the time and
place where any such misconduct may oc-
cur, in order that the same may be reported
to the sergeant of the district, who shall
give the necessary information to the ag-
grieved party, oi prefer a complaint before a
police magistrate and generally to look after
whatsoever may concern the good order and
peace of the Island.

Proceedings where there is not a warrant.

Person arrested 86. Where any person charged with a

without warrant misdemeanour or petty felony shall be

t^^^ w^^tr^^ ^rougl^t without the warrant of a police
taken before Mag- _ P. , • u.- x xi. - i. ^\.

istrate or bail taken magistrate or justice of the peace mto the

for appearance, custody of the Inspector General, Inspector,
or any sergeant major or sergeant, it shall
be lawful for the person into whose custody
such person is brought, if he shall deem it
pruderijb, (provided the police magistrate be-
fore whom the party charged with such mis-
demeanour or petty felopy is to be taken for
examination on such charge, be not then in
attendance at his office,) to confine such per-
son in the guard rooni or other place of safe
custody till the police magistrate can be
made acquainted with the charge against
such person ; or to take bail by recognizapce
without fee or reward from such person con-
ditioned to appear for examination before a
police magistrate at some place to be speci-
fied in the recognizance, and at such earliest
time then next after, when such police
magistrate shall be in attendance at his
Kecognisance so office. Every recognizance so taken shall be

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179

SESSION OF 1889-90.

of equal obligation on the parties enterinpf taken to have same
into the same and be liable to the same pro- ?^^* ^ ^ taken by
ceedings, or estreating thereof as if the *^®
same had been taken before a police magis-
trate. The name, residence, and occupa- Names &c. of por-
tion of the person and his surety or sureties, sons and his snfe-
if any, entering into such recognizance, to- ties to^ entered in
gether with the condition thereof, and the a hook,
sums respectively acknowledged, shall be
entered into a book to be kept for that pur-
pose which book shall be laid before such
police magistrate as shall be present at the
time and place required, or within one hour
after.

87. In case the person shall not appear, Person not ap-
the police magistrate shall cause a record pearing, record of
of the recognizance to be drawn up and recognisance to be

1 11 X j.1. A i.1. i. i. seiit to next Court

shall return the same to the next court ^f (jrand Sessions.
of Grand Sessions for this Island in which
the offence charged shall be brought for trial
with a certificate at the back thereof, signed
by such police magistrate that the person or
personshad not complied with the obligation
therein contained ; and the clerk of the peace
shall make the like estreats and schedules
of every snch recognizance, as of recog-
nizances forfeited in the sessions of the
pfeace.

88. If the person not appearing shall Enlarging of
apply by any person on his behalf to post- recognisance,
pone the hearing of the charge against him,

the police magistrate may, if he shall think
fit, enlarge the recognizance to a further
time ; and when the matter shall be heard
and determined, either by the dismissal of
the complaint or by binding the person
over to answer the matter thereof at the
sessions or otherwise, the recognizances for
the appearance of the person before a police

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180

LAWS OF BARBADOS

magistrate shall be discharged without fee
or reward.

Cases of riot, &c,

P f M • 89. In all cases of riot, combined insub-

trat^rind duti^of ordination, or other dangers of the public
police in case of peace, the magistrates of the City and of
riota Ac, the several districts are hereby authorised

to apply to the Inspector General,* and in
his absence to the Inspector or the sergeant
major or sergeant of the City, or district, as
the case may be, to order on duty such
number of the police force as shall be suffi-
cient to restore order and decorum , and if
tlie force of the district shall not be suffi-
cient, then the magistrate shall call on any
of the neighbouring districts for such ad-
ditional force as shall be necessary, and such
force shall act under the the orders of the
magistrate in quelling such riot or other
disturbance of the public peace ; and on
such occasions, as also m all emergencies
and dangers to the public peace, it shall
Governor may \y^ lawful for the Governor to cause any
cause special con- number of persons to be sworn in as spe-
stables to be sworn . , .. vi u r • x x

ijj cial constables by any police magistrate or

justice of the peace in aid of the police
force. And the Governor may issue such
orders as he shall think necessary to the
police magistrates of the City and of the
several districts in such manner as he shall .
think proper for preserving the peace of the
Island.

Indorsement of wa rran ts .

Writs &c, may be ^^' When any writ, warrant order,
executed by any or command of any magistrate shall be de-
policeman whose livered or given to any police officer, or ser-
name is endorsed geant of police, he shall, if the time will

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181

SESSION OF 1889-90.

permit, show or deliver the same to the thereon by his su-
officer under whose immediate command he P^"^^'^ olTcer.
shall then be, and such ofl&cer shall nomi-
nate and appoint, by endorsement thereon
such'one , or more of the constables under
his orders, and such assistant or assistants
to him| or them as such officer shall think
proper, to execute such writ, warrant, order,
or command ; and every such police officer
or other officer whose name shall be so en-
dorsed, and every such assistant as afore-
said, shall have all and every the same
rights, powers and authorities for and in
the execution of every such writ, order,
or command, as if the same had been
originally directed to him expressly by
name.

Registration of criminah,

91. For the better supervision of eiiminals Inspector General
a register of all persons convicted of crime to keep a re{?ister of
in this Island shall be kept under the man- convicted criminals,
agoment of the Inspector Genenil or of

such other person as the Governor may
from time to time appoint, in such form, with
such evidence of identity, and containing
such particulars and subject to such regu-
lations as may from time to time be pre-
scribed by the Governor.

92. In order to make such register com- Returns to be
plete, and to make the supervision over made to him for
criminals effectual, the sergeant major in this purpose.

the City and the sergeants in every district
shall from time to time make returns to the
Inspector General in such manner, and at
such time, and containing such evidence of
identity and other information with respect
to persons convicted of crime as the Inspec-
tor General may from time to time direct.

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182

LAWS OP BABBADOS

Protection of police in execution of duties.
93. When any action shall be brought-
deS:'^IS'^«tior'«f>r any constable or aa8i8tant. for any
against policemen ^^ ^^"® ^^ obedience to the wnt or wai^rjtnt
for acta done in of ^T^J magistrate, such constable or assistant
obedience to writs shall not be responsible for any irregularity
*®» in the issuing of such warrant or writ, or for

any want of jurisdiction in the magis-
trate issuing the same, and such constable
or assistant may plead the general issue,
and oive such writ or warrant in evidence ;
vp ^ 1 ^"^ upon producing such writ or warrant,

;^Ii « -^ .and proving that the signature thereto is

signed a suflttcient.i tT j -x- i? ^i l

defence. ^^^ handwriting of the person whose name

shall appear subscribed thereto and that such

^ person is reputed to be, and acts as a

magistrate for the City or such parish or

district, as the case may be, and that the

act complained of was done in obedience to

such writ or warrant, the jury or court

who shall try the issue shall find a verdict

for such constable or assistant, who shall

recover his costs of suit.

Actions Ac, to be . ^f' ^or the protection of persons acting

commenced within *^ ^"^ execution of this Act, all actions and

six months. prosecutions to be commenced against any

person for anything done in pursuance

thereof shall be commenced witbin six

months after the act committed, and not

otherwise. Notice in writing of such action,

A written notice and of the cause thereof, shall be given to

\^ ^^"^^^^^^^ the defendant one month at the least be-

^'^*^* fore the commencement of the action, and

in any such action the defendant may plead

the general issue, and give this Act and the

special matter in evidence at any trial to be

had thereupon.

No plaintiff to ^^- ^^ plaintiff shall recover in any such

recover if ten- action if tender of sufficient amends shall

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188

SESSION OF 1889-90.

have been made before such action shall der of suflScient
have been brought, or if a sufl&cient sum of amends before ac-
money shall have been paid into court after Drought,

such action shall have been brought by or
on behalf of the defendant ; and if a verdict
shall pass for the defendant, or the plaintiff
shall become monsuit, or discontinue his
action after issue joined, or if upon demur-
rer or otherwise, judgment shall be given
against the plaintiff, the defendant shall re-
cover his full costs of suit and have the like
remedy for the same as any defendant hath
by law in other cases ; and though a verdict
shall be given for the plaintiff in any such
action, such plaintiff shall not have costs
against the defendant unless the judge before
whom t\e trial shall be, shall, certify his
approbation of the action and of the verdict
obtained thereon.

96* Every constable is hereby exempted Exemption o£po-
from serving in the militia of the Island, ^^emen from militia
or en any juries or inquests.

97. If any person shall assault, obstruct, Assaulting a po-
or resist anv member of the police force in liceman in the exe.
the execution of his duty, or shall aid or ^^^^^"^^^^^^y*
excite any person so to assault, obstruct,
or resist, the offender shall for every such
offence, on conviction thereof before a police
magistrate be liable to a penalty not exjeed-
ing six pounds, and the magistrate may, if
he shall think proper, instead of imposing
a fine upon the offender, commit him to
prison for a period not exceeding two
months with or without hard labour ; pro-
vided that nothing herein contained shall
exempt any such offender from his liability
to be sued or prosecuted imder the general

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184

LAWS OF BARBADOS

law, but he shall not be punished both
under this Act and the general law.

Common reputation.

Common reputa- 98. If any question shall arise as to the
tion suflRcient evi- right of the Inspector Q-eneral, Inspector,
dence of a police- sergeant majors, sergeants, corporals, or
^ach"'^^* *^ ^^* other members of the force or any of them
to hold or execute their offices respectively,
common reputation shall to all intents and
purposes be deemed and held to be suffi-
cient evidence of such right, and it shall
not be necessary to produce any appoint-
ment or any oath, affidavit or other docu-
ment, or matter whatsoever in proof of such
right.

Limitation of time fer prosecution of offences.

Prosecutions un- ^^' ^^® prosecution for any offence pun-

der this Act U be ishable upon summary conviction under this

begin within three Act shall be commenced within three months

months. after the commission of the offence, and not

otherwise.

Bou/nties and special rewards.

Chief Justice may 100. The Chief Justice shall have author-
grant small boun- ity to grant small bounties, not exceeding
*f^\h^ T^ member f^^^ pounds, to any member of the police
o e orce. force, except the Inspector G-eneral and

Inspector, who shall have distinguished
himself in detecting and bringing to justice
the perpetrator or abettor of any crime ; and
the same is to be paid from the public
treasury on the warrant of the G-ovemor-in-
Executive Committee.

n--*v 1 c «„i 101. One moiety of the net proceeds of

Disposal of penal- ,, ,.. • "^ r <• vl i j

ties &c., aimrded ^^1 penalties, seizures, forfeitures and dama-

to members of the ges and proportioQS of penalties, seizures,

force forfeitures and damages awarded to any

member of the police force under this or

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185

SESSION OF 1889-90.

any other present or future Act of this Is-
land, on any summary conyiction, as the
prosecutor of any information or otherwise
shall be paid to the member of the force
making the seiziu'e or bringing the offender
to justice, and the remaining moiety thereof
and all hospital stoppages shall be paid to
the credit of the general revenue.

302. A reward of additional pay, and of Governor may
one or more good conduct badges, may be 8^*?^ rewards of
granted by the Governor on the recommen- ^^^^''^^^ P»y Se-
dation of the Inspector General to any
constable according to such rules and regu-
lations and conditions as may be framed by
the Inspector General, with the approval of
the Governor. Provided always that the pr^yig^
sums payable in any one year under this
section shall not exceed four hundred pounds.

Funeral easpenses.

103. The funeral expenses of all members ^ Fimeral expenses
of the police force, except the Inspctor^^^jV^f^P^^^^^^
General and Inspector, dying whilst in the

force, shall be defrayed from the public
treasury.

Crying down the credit of the 'police.

104. It shall not be lawful for the In-, ^'^ deductions
pector General or the Treas^^^^ of the Is- ^,^,^X^^^^^^^^
land to deduct from the salary payable to be made save as
any constable any amoimt on account of herein provided,
any order, charge or incumberantse, which

may have been given, made or created by
such constable on his salary or allowance
except for reasonable and honafide charges
for not more than three months arrears of
house or land rent due by any member of
the force, nor shall any salary or allowance,

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186

LAWS OF BARBADOS

of a constaole be liable to be attached,
seized or taken in execution by any process
of law or otherwise howsoever; nor shall
No constable lia- ^^7 constable be liable to be imprisoned
ble to be imprison- under any order of any court by reason of the
ed for debt. non-payment of any debt or demand which

he may have incurred, or for which he may
have become liable ; nor shall any such sal-
ary or allowance, or any part thereof, be paid
Constables' nav ^ ^^^ person except the constable to whom
save as herein i^n- i* shall be due, except in case of the illness,
tioned to be paid to absence or other incapacity of , any such con-
themselves only. stable, when it shall be lawful for the In-
spector or Treasurer to pay the salary due
to such constable to any agent duly author
rised by him in writing to receive the same.
Proviso "^^ provisions of this section, other than

those referring to the stoppage of salary,
shall not be construed to apply to any debt
contracted by any such constable before the
coming into operation of this Act, nor shall
they apply to the Inspector General or In-
spector. Nor shall the provisions relating
to the stoppage of salary be construed to
apply to any penalties or stoppapes incurred
by any constable under this Act, or imder
any regulations made under this Act.
Freedom from ar- 105. Every member of the police force
rest. shall be free from arrest when on duty.

Public property.

Articles supplied J^^'^."" ^^^"^^ '^PP^^f *^ *^^ P^^f ^^
poHce by Govern- *^® P^^^^^ expense shall on any pretence
ment not to be taken whatsoever be taken for the debt of any
for debt. member of the police force.

Improper possession of police arms, Ac^

Penalty for im- 107, If any person not belonging to the

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l87

SESSION OF 1889-90.

•police force, shall have in his possession proper possession or
any arms or ammunition, or any article of Purchase of police
clothing, accoutrement, or appointments *™L^^^4^^^
supplied to any member of the force, and Hcemen.
shall not be able satisfactorily to account for
the possession thereof or shall put on or
assume the dress, name, designation or
description of any person, or any class of
persons belonging to the force, for the pur-
pose of thereby obtaining admission into
any house or other place, or of doing or pro-
curing to be done, any other act, which
such persons so puttinsf on or assuming such
dress, name, designation or description,
would not by law be entitled to do or
procure to be done of his own authority ; or
if any person shall knowingly purchase or
obtain, or shall solicit or entice any mem-
ber of the force to sell or dispose of any
of his arms, ammunition, clothes, or any
articles of public property, or any article
of forage provided for the horses of the
force, or any article provided for the boats
of the service, every person so offending shall
on conviction thereof before a police magis-
trate, in addition to any other punishment
the law may direct, be liable for every such
offence to a penalty not exceeding ten
pounds; and not less than three pounds, and
in default of payment to be imprisoned for
any period not exceeding two months and
kept to hard labour.

108. If any person shall prove on oath ^o g ,
the satisfaction of a police magistrate that f^j. ^iicJ^^]^a or
there is reasonable cause to suspect that any clothing,
person has on his premises any property of
the description hereinbefore stated the police
magistrate may grant a warrant to search for
such property as in the case of stolen goods.

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188
LAWS OF BARBADOS.

Harbouring Police^ &c.

Penalty on bar- 109. If any person shall knowingly har-
bouring police ofli- hour, entertain, or either directly or indi-
cer or supplying j^etly sell or give any intoxicating liquor to
bim witb intoxica- '' x i_i 1 ±^\^ r V^ A i

ting Uquor when on ^^7 constable, except the Inspector General
duty. or Inspector, or permit such constable^ (ex-

cept as aforesaid), to abide or reixmin in his
houue, (except in cases^of extreme enaergen-
cy), when on duty, he shall on conviction
thereof before a police magistrate, be liable
to a penalty of three pounds for such ofEence,
and in default of payment thereof to be
imprisoned for any term not exceeding two
months with or without hard labour.

Perjury.

Members of tbe 110. If any member of the pohce force
force giving false or any other person shall, on enquiry on oath
evidence on enqui- before the Inspector General into the truth

perjury. against any member of the force of any

neglect or violation of duty of his office, or
on any other occasion on which, an oath may
be administered under this Act give false
evidence or take a false oa^h, and be thereof
duly convicted, such member of the force or
other person shall be deemed guilty of wilful
and corrupt perjury, and shall be liable to
such fines and penalties as persons convicted
of wilful and corrupt perjury are or may be
subject and liable to.

Payment of salaries.

Salaries to be 111. All salaries payable under this Act
paid monthly. shall be paid monthly by warrant of the

Governor-in-Executive Committee from the
public Treasury in the umial manner.

Any person now l^^. Notwithstanding any of the provisi-

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189

SESSION OF 1889-&0.

ons of this Act, the Inspector General of a writ officer may
Police may enrol as a Police Constable any ^^ ^u?^^^ ^ *
member of the existing corps of writ ofl&cers. ^^^ ®*

BepecU,

113. The Acts mentioned in Schedule B Repeal and Sav-
to this Act annexed, are hereby repealed, i^^gs.

provided that such repeal shall not affect :
(1.) The past operation of the enactments

hereby repealed nor anything done or

suffered imder the enactments hereby

repealed, nor ;
(2.) any right, privilege, obligation or lia-
bility acquired, accrued, or incurred

under the enactments hereby repeal

ed, nor ;
(3.) any penalty, forfeiture, or punishment

incurred in respect of any offence

committed against the enactments

hereby repealed, nor :

(4) any investigation, legs^ proceeding or
remedy in respect of such right,privi-
lege, obligation, liability, penalty,
forfeiture, or punishment as aforesaid
and any «ich investigation, legal pro-
ceeding a«d remedy may be can ied
on as if this Act had not passed, nor ;

(5.) any act in which the enactments here-
by repealed have been applied, incor-
porated or referred to, or any rules
made under such acts.

114. This Act shall not come into opera- g ^

tion unless and until tixe officer administering tion^^° ^^ ^*^'
the Goverament notifies by proclamation
that it is Her Majesty's pleasure not to dis-
allow the same, and thereafter it shall

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190

LAWS OF BARBADOS

come into operation upon such day as the
officer administering the Government shall
notify by the same or any other proclamation.
Duration of Act. H^- This Act shall continue in fo'-ce un-
til (and inclusive of) the thirty first day of
December, one thousand eight hundred and
ninety.

SCHEDULE A.

Duties of the Inspector General of Police.

(1.) He shall wheu required so to do by
the Governor, frame and submit to
him for his approval rules and
regulations for the good ordering
and government of the police force
and generally in connection with
the administration of the said force.

(2.) He shall in the month of January
in each year and oftener if required
by the Governor, make a written
report to the Governor, for the in-
formation of the Legislature, re-
specting the discipline, condition,
and distribution of the police force,
and in such report he shall also
set forth the state of crime in the
island, and all other matters re-
lating to the police which may be
of public moment.

(3.) He shall at the end of every three
months, lay before the Governor
for the information of the Legis-
lature a statement of all sums of
money paid over by him to the
Treasurer of the Island to the credit
of the general revenue.

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191

LAWS OF BAKBADOS

4.) He shall submit to the Governor
for his approval the names of per-
sons fit to b« promoted to vacancies
in the higher ranks and grades of
the force.

^5.) He shall frequently visit the police
stations in the several districts and
make a careful examination into
the condition of the men an<? horses
stationed there, and he shall visit
each guard in the City of Bridge-
town twice at least in each month
during the night, and pueh visits
shall be noted in tlae guard book.

(6.) Once in each month he shall m ake
a report to the Governor of the
number of cases in which punish-
ments have been inflicted on mem-
bers of the force duriug the pre-
ceding month, together with the
punishment imposed in each case

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192
SESSION OF 1889-90.

O ^ S3

§ .2

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^

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e ® w

•o.s ^^r^-D

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C> >H .3 .S "§

e a

lllil

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. o-^

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(M ^ <M
00 ^ 00
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Digitized by VjOOQIC

193

SESSION OF 1889-'90.

it!

*'"'s-i;^-|

«p«>

«gp^ a e a -e
g^t-. u ® 2 ^I^

|s.||§b|§^-

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LAWS OF BARBADOS

CAP. XXXV.

{Assented to 14th June 1890)

BARBADOS.

An Ad to amend the Act of the .24th day of
March, 1874, entitled^ " An Act to con-
soliiate and amend the Acts rdaivng to
the Fire Brigade in the City of Bridge-
tovm ami its vicinity"

► E it ^maeted by the Oovernor, Coanci),
and Assembly of this Island, and by
the atithority of the same as follows ;

Short titles. 1- "^^^^ -^^^ ^^Y ^® ^^^^ ^^ ** '^^ ^^^^

Brigade Amendment Act, 1890," and the

Act of the 24th March 1874, entitled. An
Act to consolidate and amend the Acts re-
lating to the Fire Brigade in the City of
Bridgetown and its vicinity, (hereinafter
referred to as " the principal Act,") mav be
^ited as " The Fire Brigade Act, 1874."

' Amends section 1 2. In section one of the principal Act, the
of principal Act. Words " an Assistant Superintendent shall"

, be inserted after the word Superintendent.

; B. The following sub-section shall be add

jOfflceofAssistantedto section three of the principal Act,

i Supenntendent ^i . r r >

cheated. namely:

(1.) The Assistant Superintendent shall

j kssist the Superintendent in the discharge

i of his duties, and in the absence of the

Superintendent shall discharge his duties.

I g^ay« ^f ^^jg 4. In section five of the principal Act the

tja n t Snperintenl ^ords, " A ssistant Superintendent fifty

djent. pounds ** shall be inserted after the words,

** Superintendent one hundred pounds " in

line three.

Assistant Suber- 6. Iif section ten of the principal Act the

intendent subs^bu- words "Assistant Superintendent" shall be

ted for foreman in

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195

SESSION OP K8y-90.

substituted for tbe woMs " the foreman " in absence of Superin-
line three. tendent.

6. In section eleven of the principal Act, Amends section 11.
after the words * the Superintendent " ihe

words ** and assistant Superintendent " shall
be inserted.

7. In section sixteen of the principal Act, Amends «ectiou 16.
the words ** or to the Police Hospital "shall

be inserted after the words " General Hos-
pital.''

8. In section nineteen of the principal Amends section ;i9.
Act the words " by blowing their whistles "

shall be substituted for the words ''by spring-
ing their rattles."

9. In section twenty one of the principal Amends sectiMi 21.
Act the words " reasonable distance " shall

be substituted for the words ** one hundred
yards " in line two.

10. In section tw^enty seven of the princi- Amends section 27.
pal Act the words *' the Govemor-in-Execu-

tive Committee " shall be substituted for the
words " the Consolidated Board."

11. This Act sball not come into opera- Suspending section,
tion unless and until tiie Officer administer-
ing the Government notifies by proclamation

that it is Her Majesty's pleasure not to
disallow the same, and thereafter it fehall
come into operation upon sucb day as the
Officer Administering the Govertimetit shrall
notify by the same or any other pfOckma-
tion.

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196
LAWS OP BARBADOS

CAP. XXXIV.

(Assented to lith June 1890.)

BARBADOS.

An Act to amend ^'The Saint Miehaets
Parish Bating and Loan Act, 1890."

WHEREAS it is expedient to amend
" The Saint Michael's Parish Ratirc
and Loan Act. 1890.'* (hereinafter callea
*' the principal Act,") in the manner herein-
after mentioned; Be it therefore enacted
by the Governor, Council, and Assembly of
this Island, and by the authority of the
same, as follows ;
®*P^- 1. Sections three and four of the princi-

pal Act are hereby repealed.
Vestry of 8t. 2. (1) For the purpose of carrying on
Michael's parish the affairs of the parish until rates for the
authorised to bop- current parochial year shall be collected, it
S^ooo* "^"^ *^**^ ®^*^^ be lawful for the vestry of the parish
' ' of Saint Michael, and they are hereby au-

thorised from time to time as they may
require the same, to borrow from any person
or persons, bodies politic or corporate will-
ing to lend them the same upon such terms
and in such manner as they shall deem fit,
a sum or sums of money not exceeding three
thousand pounds.
Loan to bear iu- (2) The money so borrowed, with inter-
terest at not more est thereon at a rate not exceeding six
than 6 per cent and pounds per centum per annum, shall be re-
Se rat^ of 1^^ P^i^ by the Parochial Treasurer of the par-
current year, ish at the Parochial Treasurer's office from

the rates of the said parish, to be laid and
collected for the current parochial year on
or before the twenty fifth day of March one
thousand eight hundred and ninety one, as
may be agreed upon, and shall be a charge

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197

SESSION OF 1889*90.

on the rates of the said parish, until paid,
and shall rank next after the money borrow-
ed under The Saint Michael's Central
Almshouse Act, 1880 ; The Saint Michael's
Central Almshouse Act, 1880, Amendment
Act, 1884 ; The Saint Michael's parish (Bar-
bados) Loan Act, 1886, and The Saint Mi-
chael's parish (Barbados) Loan Act, 1889,
respectively.

(3) When any sum or sums shall be bor- Certificate to be
rowed as aforesaid, the Chairman, Church- given for sums bor-
warden, and senior member of the said ves- rowed accordiM to
try in vestry assembled, shall give to the gchediQe °^ o t e
persons from whom any sum or sums may
be borrowed, a certificate or certificates
showing the amount borrowed in the words
or to the effect in schedule A to the princi-
pal Act.

3. This Act and the principal Act shall Construction,
be taken and read together as one Act.

CAP. xxxvn.

(Assented to 5th July, 1890.)

BARBADOS.

An Act to grant an additional sum of money
out of the pMic treasury and to appro-
puiaie the same for the service of the year
ended the thirty first danj of December one
thousand eight hundred and eighty nine.

WHEREAS the sum of money granted
out of the public treasury by **The
Appropriation Act, 1889," for the service of
the year mentioned, has proved insufficient
to meet the demands of such service ; And
Whereas certain resolutions were passed

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198

LAWS OF BARBADOS

during the year one thousand eight hundred
aud eighty nine, granting additional sums out
of the public treasury, and it is deemed ex-
pedient to appropriate the same in the man-
ner hereinafter mentioned ; Be it therefore
enacted by the Governor, Council and As-
sembly of this Island, and by the authority
of the same, as follows ;

Short title. 1. This Act may be cited for all purposes

as the '*The Supplementary Appropriation

Act, 1889."
Treasurer on war- 2. The Colonial Treasurer may issue out
rant of Governor q{ the public treasiury on the warrant of the
Stfe^^to'lssuT' Governor-in-Executive Committee, and ap-
and apply meneys ply for makii^ good the supply granted for
granted by w».y of the service of the year ending on the thirty
supplementary esti- first day of December one thousand eight
mate for year 1889. Jiundred and eighty nine, the sum of three

thousand eight hundred and forty nine

pounds fourteen shillings.

Sum to be deemed 3. The sum granted by this Act shall be

as granted on let deemed to have been granted on the first

January 1889. day of January one thousand eight hundred

and eighty nine, in addition to the sum

granted by The Appropriation Act, 1889.

Sum to be deemed 4. The sum granted by this Act out of

BA appropriated the public treasury for making good the

from ist Jwiuary supply granted for the purpose aforesaid is

Ll^Iarirexed>P'^«Priated, and shall be deemed to have

been appropriated, as from the first day of

January one thousand eight hundred and

eighty nine, for the purposes and services

expressed in the schedule annexed hereto.

Schedule to be . 5. The schedule annexed hereto shall be

part of Act. deemed to be part of this Act, in the same

manner as if it had been contained in the

body of the Act.

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199

SESSION OF 1889-90.

SCHEDULE.

The Supjplementary Appropriation

Act 1889.

Fixed Establishments.

Head 1.

Inland Revenue Officer
Dist^^D"

s.
6

Head 10.

Veterinary Surgeon for
inspecting live stock 20
Exclusive of Establishments.

Head 1.

Powder Hulk

500

Head 4.

Police

Head 10.
Board of Health

372

200

IG
0

8
0

Head 11.
Pension

Head 14

Repairs to Dist *'A" 92 0 0

Repairs to Wharf
Walls near Vic-
toria Bridge 432 1 1

Harbour Police
Boathouse and

Jetty 215 0 0

Hospital at Glen-
dairy..: 44 4 7

Preliminary Ex-
penses Harbour
Improvements .. 1,000 0 0 1,783 5 8

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200
LAWS OF BARBADOS

Miscellaneous.

Grant to Kural
Road Commissi-
oners St Michael 300 0 0

Bonus to Clerk
Board of Health 50 0 0

Grant for defray-
ing Secretarial
expenses to
Lunatic Asylum
Commissioners 50 0 0

Preliminary Ex-
penses Jenkins-
ville 120 0 0

Refund of duty

on iron roof for
Cathedral 35 4 6

Repatriating Bar-
badian Labour-
ers from Colon 250 0 0

Fees to Queen's
Solicitor for pro-
fessional services 155 17 2

Refund of the fee
paid by Barba-
dos Agricultu-
ral Society 3 6 8 964 8 4

£3,849 14 0

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201
SESSION OF 1889.'90.

CAP. xxxvni.

(Assented to 7th July 1890.)

BARBADOS.

An Act to provide a fund for rebuilding or
repairing any of the pvJblic buildings
which may be injured or destroyed.

WHEREAS it is expedient that provi-
sion should be made for rebuilding
or repairing any public building that may
be injured or destroyed ; Be it therefore
enacted by the Governor, Council, and
Assembly of this Island, and by the author-
ity of the same, as follows ;

1. This Act may be cited as *' The Pub-
lic Buildings (Insurance) Act, 1890,"

2. The Govemor-in-Executive Committee
is hereby authorised and required, by war-
rant on the Colonial Treasurer, annually to
draw and appropriate to the formation of a
fund to be termed "The Public Buildings
(Insui'ance) Fund" a sum equal to five
shillings per one hundred pounds on the
estimated values of such public buildings as
the Govemor-in-Executive Committee deem
it advisable to insure against loss or damage.

3. The sum required to be drawn and ap-
propriated as aforesaid, and also all interest
to be derived from all investments made
as hereinafter mentioned, shall be invested
in such manner and in such 8ec\irities
as the Govemor-in-Executive Comniitee
shall determine. And the Governor-in-
Executive Committee shall have power, as
often as to him shall seem fit, to vary the
investments of the said fund, or, subject to
the provisions of section four of this
Act to withdraw from investment such sum

Short title.

Public Buildings
(Insurance) Fund
to be formed by an-
nual drawings from
the Public !treas-
liry.

Governor in Ex-
ecutive Committee
empowered to in-
vest sums drawn
and -to vary invest-
ments &c..

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LAWS OF BARBADOS

as may from time to time be required to
rebiiild or repair any public building that
may be injured or destroyed.
No sum to be 4. It shall not be lawful for the Governor-
withdrawn from in- jn-Executive Committee to withdraw any sum
vestoient J^^^ for the purpose last aforesaid until the two
8wa^ ion gi8 Houses of the Legislature shall have passed
a resolution authorising such withdrawal.
Limit of Fund 5. When the fund provided for by this
which is to be Act shall have reached such sum as the
formed. Govemor-in-Executive Committee shall deem

sufficient, sections two and three shall cease
to have any effect, and the interest thereafter
derivable from the fund invested shall be
paid into the treasury to the credit of the
general revenue ; provided that whenever any
sum is withdrawn from the fund under the
provisions of section three of this Act, sections
two and three shall again be revived and come
into operation until the fund again reaches
the sum above mentioned in this section.
Detailed annual 6. The Govemor-in-Executive Committee
statement of par- shall annually furnish for the information
ticuUrsofthePmidof the Legislature a detailed statement in
LeririatSr?" writing showing the position of the fund,

^^ the nature of the securities in which it is in-

vested, and the interest derivable from the
investments.

CAP. XXXIX.

(Assented to 8th July, 1890.)

BARBADOS.

An Act to consolidate the Act relating to the
sale of sj^rituous liquors by retail.

BE it enacted by the Governor, Council
and Assembly of this Island, and by
the authority of the same as follows :

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203

SESSION OF 1889-90.

ShoH title.

1. This Act may be cited as " The Liquor
Licenses Act, 1890/'

Interpretation.
the purposes of

this Act the

2. For

terms : —

" Expose," ** Exposure," or " Exposing
for sale," shaU mean having for sale
or barter any spirits, malt liquors, or
wines contained in bottles, demijeans,
or other vessels whether of glass,
wood, metal, or other material placed,
exposed, or concealed in any shop or
building fitted up and used as a shop
and open to the public as customers.

" Spirits" shall mean alcohol, rum, and
its compounds, brandy, gin, whiskey,
and all other distilled spirits and
spirituous liquors.

" Occupation" shall mean possession
by agent or otherwise."

"Proof* shall mean the strength of
proof as ascertained by Sykes' hydro-
meter.

" Rum," shall mean distilled spirits of
every kind containing alcohol.

"Retailer" shall mean every person
who shall sell or barter spirits to any
person at one and the same time in
any quantity less than thirty gallons,
or who shall sell or barter malt
liquors in reputed quart bottles in a
less quantity than four dozen, or in

. imperial pint bottles in a less quan-
tity than seven dozen, or who shall
sell or barter wine in a less quantity
than that usually contained in the
package known in commerce as a

Short title.

Meaning of tenni .
'• Expose Ac."

* Spirits"

' Occupation"
'Proof

^ Rum"

' Retailer"

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204

LAWS OF BARBADOS

quarter cask, or in imported cases of
less than one dozen quart bottles,
or two dozen pint bottles.

LICENSES.

No sale without license.

Persons selling 3. (1) If any person shall, without a U-
spirits Ac, or ex- cense to be obtained under the provisions of
posing them for sale tj^jg ^^^ dispose of any spirits malt liquors
or navinfir them in . j.vj? i in

possession for sale ^^ ^^°®« ^^ expose the same for sale or shaU
without a license liave in his possession in any house or on or
liable to a pecuni- in any part whatever of any house or of any
ary penalty Ac, outbuiUings of any description thereto at-
tached or appurtenant, any spirits, malt
liquors or wines with the intention to sell the
same or any or either of them, or to keep or
have them oriiny of them in stock for sale,
he ^hall be liable to a penalty equal to double
the amount of the cost of a license, and also
to forfeiture of any such liquids found in any
of the places hereinbefore more particularly
described, by any officer to be sold for the
uses of the public, and in default of payment
of such penalty to imprisonment for any
teim not less than three months nor exceed-
ing twelve months.

Exceptions,
Eepresentative of (2) Nothing herein contained shall pre-

t^^^ J^f ^^' vent the executor or other personal repre-
signee of an msol- . .• a -l v j* t

vent license holder sentative of any person who may have died
may sell stock in holding a license, or the assignee of any In-
trade, or private solvent who may be holding a license, from
stock may in certam gelling spirits, malt liquors or wines belong-

out^H^nse ^"^ *^ *^^ ^^^^ ^* ^^^^ deceased person or

Insolvent, or the executor or other personal
representative of any deceased person, from
selling the private stock of such deceased

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205

SESSION OP 1889-90.

person, or any person who may be about to
leai^e the Island from selling his.private itock
of liquors at any sale on departing from this
Island either by himself, or by any auction-
eer employed to make such sale or the Pro-
vost Marshal, or other officer from selling
any liquors under any process of law, or any
Official Assignee or the legal personal repre- CTnexpired term
sentative of any deceased licensed retauler ^^ * license may
of Hquors from selling the unexpired term ^^^^^ ^^ certain
of any license of an insolvent as part of the
assets, provided always that as such last
mentioned case, the party purchasing the
same shall in other respects comply with
the provisions of this Act.

(3) Chemists and druggists shall be al- chemists and
lowed to sell alcohol, or spirits of wine, with- druggists may sell
out a license under a prescription from a alcohol in their
duly qualified medical man, that such alcohol, drugs or for a Med-
or spirits are for a medical purpose, or when o^^tlicense*^^

sold without a medical certificate, such
spirits shall have been previously rendered
unfit for drinking purposes, by admixture
with other drugs or chemicals.

(4) The widow should there be no legal widow may con-
personal representative or the legal peisonal tinue to retail until
representative (if any) of any licensed re- expiry of license,
taller of liquors may continue to retail liquors

under the license obtained by the deceased
retailer until the expiry thereof ; provided
always that in any prosecution under this
Act the onus shall lie on the person trading
to prove that he or she is such legal personal
representative or widow.

(5.) All Military Canteens conducted in MilHarj canteens
accordance with the Queen's Regulations and not to require lioen-
orders for the Army shall be exempt from ^®^*
the operation of the laws of this Island re-
quiring licenses to be obtained for the sale

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206

LAWS OF BARBADOS

of intoxicating liquors, of the Bank Holidays

Acts, and of the Acts regulating the closing

of shops on week days, Sundays Christmas,

Days, Good Fridays, and other days set

apart by public proclamation for Divine

Service.

General pro ^^'^ ^^^ person violating the provisions

visions. of this clause shall be deemed a retailer of

liquors and shall be dealt with accordingly.

How obtained.

Intending retail- ^' (}) Any person desiring to become a
ers must first obtain retailer of spirits, malt liquors or wines
a certificate from under the provisions of this Act shall in the
PoUce Magistrate. ^^^ instance obtain a certificate from the
Police Magistrate of the Parish in which he
resides, to the effect that such person is
sober and discreet and fit to be trusted as a
retailer of spirits, malt liquors and wines,
and upon the production of such certificate
' to the Treasurer of the Island, he shall
grant to such person the license required
n ^a 4 4. i. ^* *^® ^^^ hereinafter mentioned ; Provided
beriven^s^^^^ Magistrate shall before he

situated as herein ^^^^^ &^^ ^^® certificate satisfy himself that
mentioned. the shop or building in which it is proposed

to retail the spirits, malt liquors or wines,
is not situated on any place whereon or on
any part whereof, rum or any other spirit-
uous or vinous liquors are manufactured,
or is adjoining or is butting or bounding on
any distillery, or on any piece or parcel of
land, on which a distillery is built.
Lists of persons (^•) '^^^ Parochial Treasurer for the
carrying on bus- Parish of Saint Michael, and the Parochial
iness to befumished Treasurer for the parish of Saint Peter,
by Parochial Treas- shall each sometime in the month of Decem-
'^d^'st^^'^te^'^^^^®^ ^'^^ Colonial Treasurer for

parishes to the Co- *'^® purposes of this Act a list alphabetically
lenial Treq.surer. arranged, containing the names in full of

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207

SESSION OP 1889-90.

all persons carrying on trade or business of
any kind as regards the Parochial Treasurer
in the city of Bridgetown and the parish of
Saint Michael, and as regards the Parochial
TreasiU'er in Speightetown, and the nature
as far as known of such trade or business
and where carried on with the amounts at
which such persons were rated by the Ves-
tries respectively of the parish of Saint Mi-
chael and the parish of Saint Peter for trade
during the year. * And if such Parochial
Treasurers as aforesaid shall respectively fail
to forward such list as aforesaid to 1 he said
Colonial Treasurer signed by them respectively
and within the peiiod mentioned, the said
Parochial Treasurers shall respectively for-
feit and pay for the use of Her Majesty
and Her successors, a penalty for each such
omission of Fifty pounds to be recovered on
the complaint of the said Colonial Treasurer
' before any police Magistrate as in the ease
of servants' wages.

(3.) The Colonial Treasurer shall grant Colonial Treas-
licenses to qualified persons to retail spirits, ^^^^ ^ t?'**** ^<^?*
malt-liquors, and wines, and such licenses J^^ City^'^ridire^
shall be granted by the said Treasurer accord- town or St. Michaels
ing to the following rules and scales, that is parish or Speights
to say ; where the person applying to the Town according to
Colonial Treasurer shall have been rated *^^ ^^^ ^Ij^^^
on trade by the Vestrv of the Parish of ^^^^ ^""^ '^^'
Saint Michael as regards the City of Bridge-
town, and the Parish of Saint Michael, and
by the Vestry of the Parish of Saint Peter
as regards Speights Town, for the year
next preceding such application at twenty
pounds or over, he shall pay for such license
the sum of thirty pounds ; if rated at ten
pounds and less than twenty pounds, he
shall pay for such license the sum of fifteen

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208
LAWS OP BARBADOS

Proviso as to
retailers retailing at
more than one shop
within any of the
above areas.

Colonial Treas-
urer to grant li-
censes to other per-
sons within the
above limits for the
Stim herein men-
tioned.

Proviso as to
persons opening
a second business
in Bridgetown
St. Michaels or
or Speights Town

pounds ; and if rated at less than ten pounds
he shall pay the sum of ten pounds ; pro-
vided always that if any persons or person
shall retail spirits, malt liquors and wines at
more than one place in the city of Bridge-
town and the Parish of Saint Michael or
Speights Town respectively, then such per-
sons or person shall be rated by the vestries
of the parishes of Saint Michael and Saint
Peter respectively, separately in respect of
each place where they or he shall carry on
such retail trade, and the amount to be paid
for the license to be granted by the Colo-
nial Treasurer for each place where such per-
sons or person shall carry on such retail trade
shall be regulated by the sum at which such
persons or person shall be rated as aforesaid
in respect of the place for which such license
is required accorcfihg to the rules and scales
in this section before mentioned.

(4.) If any person applying for a license
to retail spirits, malt liquors and wines
shall not have been rated at all to the said
City of Bridgetown, the parish of Saint
Michael or Speights Town for the preceding
year, whereof the absence of his nam^ from
the list of persons I'ated for the year next
preceding his application to the Colonial
Treasurer shall be conclusive evidence, then
he shall be deemed to be applying for a
license for the first time and in any such
case he shall pay for such license to retail
spirits, malt liquors and wines during the
then current year the sum of ten pounds
and no more ; provided always that if any
piersons or person already rated to the City
of Bridgetown or parish of Saint Michael or
Speightstown respectively as aforesaid, and
holding a license for the retail of spirits,

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209

SESSION OF 1889-90.

malt liquors and wines in respect of any
place for which he shall be rated as afore-
said shall desire to retail spirits, malt li-
quors and wines at any other place in the
City of Bridgetown or parish of Saint
Michael or Speightstown respectively, then
such persons or person shall be deemed to
be applying for a license for the first time,
apd shall pay for such license in respect of
such last mentioned place the sum of ten
pounds and no more, for the then current
year.

(5.) All persons applying to the Colonial Colonial Treas-
Treasurer for a license to retail spirits, ^©^ to grant licen-
malt liquors, and wines, in any Parish ^'^^^^^^^j^ ^^
of this Island other than the citjr of Bridge- abovementiontd for
town, the parish of Saint Michael and sum herein men-
Speightstown shall pay for such license the tioned.
sum of ten pounds ; and all other pro-
visions of this Act governing the applica-
tion and the granting of licenses by
the Colonial Treasurer, except as to the
amount to be paid for any such license, shall
be deemed and taken to be in full force, and
are. not in any way altered or amended.

5. (1) All licenses to be issued by the ^licenses to be
Colonial Treasurer under the authority of J^^^^ ^^^fe^ iS
this Act shall be made terminable on the the year in which
thirty first day of December, in every granted
year, and shall be in the form in the sche-
dule A ; provided always that if any person Proviso,
holding a license expiring on the thirty
first of December in any year shall sell any
spirits, malt liquors, or wines between that
dkte and the fifteenth day of January follow-
ing he shall be liable for license duty for
selling such liquids, and should he omit to
take out a license by the said fifteenth day
of January shall be liable to a penalty not

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210

LAWS OF BAEBADOS.

exceeding double the amount of the cost of
such license.
License renewed (2.) Any license to retail spirits, wines, or
after 15th January ^^1^ liquors, not renewed between the first
deemed a new one. ^^^ fifteenth days of January in every year
shall be deemed a new license,
Signhoard.

Description of 6- Every person obtaining any such license
sign board to be set as aforesaid, shall before selling or bartering
up by retailer. any spirits, malt liquors, or wines under the
same, set up and affix a sign board over the
door, or on some other conspicuous part of
the frc nt of his house, in which the afore-
said liquors are to be disposed of, such
board to have the number of the license, the
name of the party to whom granted, and
also the words " Licensed Eetailer of Liq-
uors'' painted thereon, in large white
letters, not less than two inches in length
on a black ground under a penalty of
Penalty. one pound for every day's omission to set

Inland Revenue up and affix such board as aforesaid. If an
Officer to warn re- j^^j^j^^ Kevenue Officer on any visit of in-
taller not exposing «• v . i *^ t j

his sign board. spection he may pay to any house licensed
for the retail of the liquors aforesaid, shall
find the sign board hereinbefore referred to
not exposed in its proper place, he shall give
warning in such respect to such retailer, and
should the said officer re- visit such house of
retail, within or at the expiration of seven days
after such warning, and find that no notice
has been taken of it, or that the sign board
is not fixed up as hereinbefore required,
it shall be deemed and considered that such
board had not been properly placed or ex-
posed for such seven days or any less num-
ber of days according to the lapse of time
between the first and second visit of the offi-

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211

SESSION OF 1889-90.

cer, and such retailer shall thereupon be
liable to a penalty of one pound per day for
each of the days during which such sign
board continued to be improperly placed or
exposed.

Premises in which liqtidr may not he retailed,

7. (1) No person shall retail rum in any Eum not to be
place which has been already used for retailed within 50
that purpose if such place is within fifty yards of a distillery
yards from the nearest distillery, unless he gfon if pla^"^e."
shall be allowed to do so by a license under viously used for^'
the hand of the Governor-in-Executive that purpose.
Committee.

(2) No rum shall be retailed in any ^^^ in no case,
place not hitherto used for the purpose within if place not so pre-
fifty yards of the nearest distillery. viously used.

(3) Any person who shall infringe the Penalty for in-
provisions of either of the two last pre- fringing this sec-
ceding sub-sections shall be liable to a tion,

penalty not exceeding one hundred pounds
and shall forfeit his license, if any.

Removal of license.

8. When it may happen that any person

holding a license under the provisions of ^o^'^®^ days
this Act shall be desirous to remove from removal to be^g^^en
the house frcm which such license was origi- to the Treasurer,
nally granted, and to use such license for
another house, before attempting to do so,
he shall give notice in writing, at least
fourteen days previous to such desired re-
moval, addressed to the Colonial Treasurer
giving such particulars with respect to such
house to which he desires to remove, as are
hereinbefore required to be given when it is
intended to apply for a license ; and upon

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212

LAWS OF BABBADOS

re(}eiptt of such letter by such Treasurer, he
Proceedings there- shall proceed as is required when a license
^^' is first applied for ; and upon his satisfjdng

himself from the certificate of the magistrate
of the district that there is nothing objec-
tionable in such house to which it is pro-
posed that such license shall be remo^red,
License to be the Treasurer shall endorse upon the ap-
endoTsed. plicant's license the particulars relating to

such change of house, and upon «uch endor-
salion such applicant shall be at liberty
to remove his license to such house for use,
and any person violating any of the provi-
sions of this clause, shall be dealt with
as selling or bartering without a license ;
Proviso with re- Provided always that not more than two
gard to ntimber of such removals shall be permitted in any one
removals and to year, and provided further that any person
m^' *°''"®' ^^y licensed may with the permission of

the Ck)lonial Treasurer, to be ^ven in
writing, carry on his trade or business in
houses, booths, tents or other places at the
time or place, and within the limits of
holding any lawful or accustomed amuse-
ment or exhibition, or at any public races.

License to he u$€dfor one hotMe only.

Penalty for using ^' I^ ^^7 person who shall have obtained
one license for more a license under the provisions of this Act,
than one house. shall use the same in selling, retailing or bar-
tering any spirits, malt liquors or wines in
more than one house, except as provided by
this Act, he shall for every such offence incur
a penalty equal to double the amount of
the value: of Jicense, and in default of pay-
ment shall be liable to imprisonment for
any term not less than three months uor
exceeding twelve months.

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SESSION OF 1889-'9Q.

Disorderly conduct on licensed premises.

10. (1) Upon information upon oath that License may be
any house licensed for retailing spirits malt forfeited 'or per-
liquors or wines is permitted to be the resort ^*^«r^t°«S
of prostitutes or gamblers or other dissolute house licensed or
or idle persons, or is allowed to be the scene for allowing disor-
of loose, disorderly or improper conduct, or derly conduct there-
dancing or drumming, any police magistrate ^•

may summon the party licensed to appear
before him to answer the premises, and sum-
mon and compel the attendance of witnesses
and examine them on oath, and on sufficient
proof of the comiuission of such a^rts as afore-
said, he shall require the person so convicted
to deliyer up his license to such m<igistra(e,
who shall declare the same to be forfeited,
and.he shall certify to the Colonial Tieasurer
the ^oceedings taken in such ca$e, aad
transmit to him the license taken from the
persim so offending, and the Treasurer shall
thsreupon cancel such license and cause a
notioe^^hereof to be inserted in the *• Official
Gazette,'' tha*^ the sam^lms been cancelled.

(2.) If any licensed retailer of liquors who Penalty for refu-
sball be ordered und«r the preceding sub-sec- *PS ^^ deliver up
tion to deliver up his license to the police '^®*^*
iciagistrate, sh^Il refuse to comply with the
order, he shall upon complaint, to be lodged
before any police magistrate, be l»jJl4e to be
imprisoned for any term not exceeding three
months with or without hard labour.

3ntry and sea/reh of unlicensed premises.

11. It shall be lawful for the Colonial colonial Treae-
Treasurer, any Inland Revenue Officer or urer &c.. may enter
officer of the Customs D^itartnient, any bouses &c,, of tra-
Jostice dt th« Peace, or any Parochial ^®fs and if they are
Treasurer within his parish, to enter at aay °^* l^ensed seize

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LAWS OF BARBADOS

•pirite Ac., foiud time between the hours of six a.m., and
therein. ^j^e p.m., the houses, shops, or stores of

all persons trading or carrying on any busi-
ness with a view to ascertaining whether
any of the offences mentioned in this act
have been committed ; and where such
persons so trading or carrying on business
are not licensed retailers of liquors to seize
all spirits, malt liquors or wines which they
may find therein.

Production of license.

Colonial Treas- 1 2. It shall be lawful for the Colonial Trea-
urer Ac, may enter surer and any Inland Revenue Officer, any
In^^ll fo^thei ^®^^^' "^^ *^^ Customs' Department, Jus-
licensee. ^^^® ^^ *^^ Peace, Policeman or Constable,
or any Parochial Treasurer within his par-
ish to enter on the premises of persons en-
gaged in the retail of spirits, malt liquors,
or wines, and to call for and examine their
licenses with the view of ascertaining that
the provisions of this Act are not infringed ;
Mi^^^^ui^ih^ ^^ ^^ ^^y retailer when so called upon by
■ame &c!^ ^ ^^y ^^ *^® hereinbefore mentioned persons
to produce his license shall refuse to do so,
or shall in any way, obstruct hinder or pre-
vent any such officer from inspecting such
license he shall incur a penalty not exceeding
ten pounds.

Hawking of spirituous liquors

Persons selling 13. And it shall be lawful for any of the

spirits Ac, in public persons mentioned in the last preceding

places ™*y be ap- section if he shall see any person in the act,

prehended. ^f jia^king q^ selling in any street or any

road or other thoroughfare or public place,

yard, or savannah, or exposing to sale in any

'manner prohibited any spirits, malt liquors,

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215

SESSION OF 1889-90.

or wines, to apprehend or cause any such
person to be apprehended, and to seize any
such spirits, malt liquors, or wines as afore-
said, or to receive them when seized by any
other person, and to take the person so
apprehended before a police magistrate to
be dealt with for the offence as hereinafter
provided ; any such liquids so seized as
aforesaid shaU be dealt with as such police
magistrate shall decide, in accordance with
the provisions of this Act. Provided always
that it shall be the especial and positive
duty of any Revenue Ofl&cer to see that the
proceedings of all retailers, as defined by
this Act are in accordance with their licen-
ses, and with the provisions of this Act.

Strength of rum sold.

14. No rum made in this Island shall be j» ^^^ ^ ^^
sold or exposed for sale of a strength less g^j^ or exposed for
than twenty five per cent under proof under sale if less than
a penalty of not exceeding five poun'^s ; and 25 o/o under proof,
the burden of the proof that the rum was

not made in this Island shall fall on the de-
fendant; provided always that rum in this
section shall not include liquors mixed with
rum, and mixtures compounds or prepara-
tions of rum.

AduUeratioTin

15. No licensed retailer of liquors shall No licensed re-
mix or permit another to mix rum with any taller to adulterate

ingredient or material so as to render the *f ;* J^"' !f *^ 1^
... . u ii.T. •j.v. • J. J. j.\. j."^^ sale so as to

rum mjunous to health, with intent that render it injurious
the sa.me may be sold in that state; and to health,
no licensed retailer of liquors shall sell or
expose for sale any rum so mixed under a
penalty not exceeding twenty five pounds.

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216

LAWS or BARBADOS

Publication of names of licenses.

List of licenges 16. The Colonial Treasurer shall advertize
granted to be pub- monlMy in one or more of the newspapers
Ushed monthly by of ike Island, a list of all licenses issned
Colonial Treasurer. ^^ ^dm under the provisions of this Aet,
in the order of date and number, and shall
cause the like information to be inserted
in the ** Official Gazette*' and he shall
also cause to be inserted in the *' Official
Gazette'^ notices of all licenses permitted to
be used at other houses, than those for which
they were granted originally, and of all
licenses cancelled. or forfeited, together with
any other information required to be publish-
ed in the " Official Gazette" under the pro-
visions of this Act.

Restriction in respect of garrison on licenses
granted.

Number and posi- 17. The number of licenses for retail of
tion of liqnor^bops spirits, malt liquors, and wine, within the
in the vicinity of distance of half a mile from the boundaries
the Garrison to be ^f the Garrison shall be limited, and it

ve^X'^fhe^Le^^^ll^*^^ ^"^^ ^^ *^ police magistrates
Magistrates and a of Bridgetown, after consultation with a
Mmtary Board. Military Board, to be appointed by tJb«
Commander in Chief of the forces, to cer-
tify to the said Treasurer, within fifteen
days of the expiration of each year the num-
ber and position of retail houses which in
their judgment it may be expedient to li-
cense for the sale of spirits, malt liquors
and wines within the aforesaid distance.
And the said Treasurer in the issuing of
licenses as aforesaid shall duly observe and
govern himself by the certifioates of the
said police magistrates,

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217

SESSION OF 1889-90.

Sale of spirUumis liquors in harbour
prohibited.

18. (1) It shall not be lawful, from and Sale of spirits &c.
after the passing of this Act, for any person oth^*'^Jl^*^^
or persons to sell, barter, or otherwise dis- \^^ ^ ^^
pose of, on the waters either of Carlisle Bay,

or of any of the ports or harboui's of this
Island, or on the sea surrounding the same,
any wine, rum, brandy, gin, or other spirit-
uous liquors, or any ale, porter, beer, or
other fermented liquor whatsoever, to any
mariner or other person, or persons whom-
soever : and every person offending herein,
shall on conviction in a summary manner
before a police magistrate be liable to a pen-
alty not exceeding ten pounds.

(2) The provisions of the preceding sub- Preceding sub-
section shall not extend or be construed to section to apply only
extend to prevent the sale, barter, or dis- *^ ®*^® ^^ retail,
posal on shipboard, in any port or harbours
of this Island, of any cargo of wine, or other
liquors, but the same shall only extend to
the selling, bartering, or disposal by retail
of wines and other liquors as aforesaid.

Proceedings free of cost.

19. The police magistrates shall issue all Summonses Ac,
summonses, writs, copies of proceedings, or to be issued free of
other necessary legal documents required by <^<^st.

any of the persons charged with official
duties under this Act, in carrying out the
provisions thereof, free of all cost or charge
to any such person, and costs shall not be ^^ ^oe^in on pros.
•^ J i-if r J •.! a* • 1 ecutor unless com-

imposed on the prsons charged with official piaint frivolous,
duties under this Act, in prosecuting com-
plaints, unless when such complaints shall
be dismissed by any court on the groimd
of being frivolous or vexatious, or contrary
to the provisions of this Act.

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218
LAWS OP BABBADOS

Legal assistance.

Legal Msietance 20. In order to guard the public in-
may be given at the terests in carrying out the provisions of
pubUc expense. ^yg ^^t, legal assistance shall be afforded
to any prosecutor at the public expense
whenever the same shall be considered
necessary by the Inspector of InLoid Reve-
nue Officers.

Pendltiee^

Becovery anddis- 21. The penalties under this Act shall be
posal of penalties, recovered with costs in a summary manner
on* the complaint of the Colonial Treasurer,
any Inland Eevenue officer, any Justice of
the Peace, any Custom's officer, any police
constable or any parochial treasurer before
a police magistrate, one moiety of each pen-
alty being paid for his use and benefit, and
the other moiety being paid into the public
treasury for the uses of the Island; and
complaints for tie recovery of such penalties
may be commenced withm one year after
the offence committed.

Appeal,
. Offenders appeal- 22. (1) If any person shall appeal to the
ing against convic- Assistant Court of Appeal or from that
in^u^^ffe ^9^ ^,^^ Court Of Error against the con-
enters into a recog- viction for any offence committed by him
nizance. against the provisions of this or any Act

amending this Act, such person shall be de-
tained in custody until the hearing or with-
drawal of the appeal unless he s^ll enter
into recognizane in the form in schedule B
to this Act before the court against whose
decision or judgment the appeal is made
with or without a surety or sureties as the
said court may determine, conditioned to
appear and try such appeal and to abide

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219

•SESSION OF 1889-90.

the judgment of such court thereon, and
to pay such costs as may be awarded by
such court ; or the appellant may, if the
court from whose decision or judgment he
appeals thinks it expedient instead of en-
teriu^ into a recognizance give such other
security by a deposit of money with the
clerk of the court as that court may deem
sufficient ; provided alw^ys that such recog
nizance be entered into or such security he
given within the period limited by law for
making such appeal.

(2.) Any sum which may become due m Proceeding on
pursuance of any recognizance or deposit ■uch recognizance,
given or made under the provisions of the
last preceding section shall be recovered in
a summary manner before a police magis-
trate on complaint of the clerk of the court
directing such recognizance or deposit to
be given or made, and shall be paid into the
public treasury to the credit of the general
revenue.

Repeal,

23. The Acts mentioned in schedule C to Eepeal and Sav-
this Act annexed are hereby repealed ; pro- ings.
vided that such repeal shall not affect;

1. The past operation of the enactments
hereby repealed nor anything done or
suffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation or lia-
bility acquired, accrued, or incurred
under the enactments .hereby repealed ;
nor

3. any penalty, forfeiture, or punishment
incurred in respect of any offence

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220

LAWS OF BARBADOS .

* committed against the enactments here-
by repealed ; nor

4. any investigation, legal proceeding or
remedy in respect of such right,
privilege, obligation, liability, penalty
forfeiture, or punishment as aforesaid,
any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed ; nor

5. any enactment in which such enact-
ment has been applied, incorporated,
or referred to.

Commencement 24. This Act shall not come into operation
and duration of Act. until the first day of January one thousand
eight hundred and ninety one, and shall
continue in operation until and inclusive of
the thirty first day of December one thous-
and eight hundred and ninety one.

SCHEDULE A.

(SEC. 5.)

Barbados. No.

License to retail liquors.

To of the parish of

You are hereby authorized to retail liquors
at (describe fmly the premises in respect
of which the license is granted) until the
thirty-first day of December next, pursuant
to the provisions of " The Liquor License
Act, 1890."

Given under my hand this day of

, One thousand eight hundred
and

Colonial Treasurer

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221

SESSION OP 1889.'90.

SCHEDULE B.

(SEC. 22).

EEOOON IZANCE,

Complainant or Appellant\
Defendant or Respondent}

The undersigned
principal party to this recognizance hereby
binds himself to perform the following
obligation namely :

And the said principal party together with
the undersigned sureties nereby severally
acknowledge themselves to forfeit to the
crown the sums following — that is to say,
the said principal party the sum of
pounds and the said sureties the sum of
pounds each in case the said
principal party fails to perform the above
obligation.

Dated this day of 18

Signed A. B. Principal Party,

-q'j, VSureties

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222
LAWS OF BARBADOS

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223

SESSION OF 1889.9a

CAP. XL.

(Aesented to 8th July, 1890.)

BARBADOS.

An Act to consolidate the Acts rdatmg to
the takmg and carrying away saaid from
certain parts of the bea<^.

BE it enacted bv the Oovernor, Council,
and Assembly of this Island, and by
the authority of the same as follows ;

Short Title.

1. This Act may be cited as '' The Beach Short title.
Protection Act, 1890/'

Removal of sand.

2. (1.) If any person shall, (except as is Hie Taking away
hereinafter excepted,) dig, take, or carry of sand from the
away, or aid or assist in digging, taking, or *^®F® ^^^vk^^I^^
carrying away any sand, stones, shingle or "°^**^ prohibited,
gravel from any part of the beach or sea-
shore of this Island, between Oistin's Fort

windward, and Harrison's point in the parish
of Saint Lucy, such person shall, on convic-
tion be liable to a penalty not exceeding five
pounds to be recovered in a summary man-
ner on the complaint of any person.

(2.) It shall and may be lawful for the Ex- Prohibition not to
ecutive Committee, the Commissicmers of extend to the remo-
the highways, their deputies, officers, ser- val of sand by the
vants, and all persons acting under their ExecT^tive Commit-
orders or by their authority, to dig, ,take *^^^^^^^^^^^
and carry away any sand, stonesj shingle or p^tnc purposes,
gravel, from any part of the beach or sea-
shore aforesaid, for the uses of Her Majes-
ty her heirs and successors, for the public
works and buildings of this Island, and for
the highways.

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224

LAWS OF BAEBADOS.

or to the removal of (3.) Nothing in the first part of this
^d ^thin ce^n section contained shall prevent the removal
or domestic purpoi? ^^^ ^^i^^mg or domestic purposes of the wash
es. or gravel usually called " Bay Sand along

the western coast extending from the rivulet
at Yatch Battery in the parish of Saint
Michael to Harrison's Point in the parish
of Saint Lucy : provided also that no sand
shall be removed from any part of the beach
without the consent of the owner or represen-
tative of the land bounding the beach on
which such sand may be.

Apprehension of offenders.

Offenders may be 3. It shall and may be lawful for any
apprehended by any person with or without a warrant from a
^"^^^^|^^|.^ police magistrate to apprehend any person
who contrary to the provisions of this Act
may be found digging, taking or carrying
away, or aiding or assisting in digging,
taking, or carrying away sand, stone,
shingle or gravel, from any part of the
beach or sea-shore aforesaid, and by and
with the assistance of his servants (if neces-
sary) with all convenient speed to carry be-
fore a Police Magistrate to be dealt with
according to the provisions of this Act.

Seizure and disposal of carts &c.

Boats carts &c.. ^- ^^ ^"^ ^^^^^' ^^aggons, carts, or hand

used in contraven- or wheel-barrows, or other vehicles, or car-

tion of the Act may riages, horses, mules, asses, or cattle, shall be

be seized with or yxs^ by any person contrary to the pro-

without a warrant, visions of this Act in the removal of sand,

stones, shingle or gravel from any part

of the beach or sea-shore aforesaid, it may

be lawful for any person with or without the

warrant of a Police Magistrate to seize and

detain all such boats, waggons, carts, hand

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225

SESSION OF 1889-90.

and wheel-barrows, or other vehicles, or
carriages, horses, mules, asses, and cattle,
and to make complaint thereof before the
police magistrate of the parish who is
nereby authorized and empowered, on due
proof thereof, to deposit such waggons,
carts, hand and wheel-barrows, or other
vehicles or carriages, horses, mules, asses,
and cattle, within the prison-yard in this
Island, and to fine the owners or pro- ^^^^theownera fined
prietors thereof in the sum of one pound
twelve shillings sterling,- for every such
waggon, cart, hand or wheel-barrow, or
other vehicle or carriage, horses, mules,
asses, or cattle : and if the same be not
claimed within fifteen days from the date
of such fine, to condemn all and every
such boats, waggons, carts, hand or wheel-
barrows, or other vehicles or carriages,
horses, mules, asses, and cattle, as aforesaid,
to her Majesty her heirs and successors : and
the same, when so condemned, shall by order
of the said police magistrate be sold
at public auction, by the district auctioneer
and the money arising therefrom paid into
the public treasury, for the uses of the
Island.

Penalties.

5. All fines, forfeitures and penalties under
this Act may be recovered in a summary

manner before a Police Magistrate on the Recovery and dis-
complaint of any person and one half thereof posal of penalties,
paid to the complainant and the other half
into the public treasury to the credit of the
general revenue.

Repeal.

6. The Acts mentioned in the schedule Repeal and sav-
to this Act are hereby repealed ; provid- ings.

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226

LAWS OF BARBADOS

ed always that such repeal shall not affect

1. The past operation of the enactments

hereby repealed nor anything done or
suffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation, or lia-

bility acquired, accrued, or incurred
under the enactments hereby repeal-
ed ; nor
anjr penalty, forfeiture, or punishment
incurred in respect of any offence
committed' against the enactments
hereby repealed ; nor
, any investigation, legal proceeding or
remedy in respect of such right, privi-
lege, obligation, liability, penalty, for-
feiture, or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried
as if this Act had not

SCHEDULE.

Date of Act.

Title of Act.

Extent of

Repeal

16th Octr.
1833...

6th July

1887..

An Act the more
effectually to pre-
vent the taking
and carrying
away of sand
from off certain
parts of the

beach.

An Act to extend
the provisions of
"The Beach
Protection Act,
1833"

The whole Act.

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227

SESSION OF 1^9-90.

CAP. XLI.

(Assented to 8th July, 1890.)

BAKBADOS.

Ati Act to consolidate and amend the Acts
rekUing to poor apprerUices.

BE it enacted by the Governor, Coun-
cil, and Assembly of this Island, and by
the authority of the same ; as follows : —

1. This Act may be cited as "The Ap- Short title,
prentices Act, 1890."

2. It shall and may be lawful for any boy, Any person under
or girl within this Island, under the age of 21 may by indenture
twenty one years, by indenture under ^"^^.^^^^^^^
hand and seal, to contract, agree and bind tains 2L

him or herself an apprentice to any person

exercising a trade, calling, or husbandry

within this Island, for and during any term,

until they shall arrive unto the age of

twenty one years ; provided the said con- Consent of parent,

tract and agreement be made by, and with if living, or if none,

the consent of one of the parents of the said <^hen of guardians.

boy, or girl so to be bound apprentice as S'Xr't^'Jat'i.f
-•^'.jOj. ,v ir 1- "olice magistrate

aforesaid : and m case the parents of such a^d Churchwarden
boy or girl be dead, then by and with the to be obtained,
consent and approbation of the guardian of
such boy or girl, and in case such boy or girl
have no parent or guardian living then with
the consent and approbation of the next po-
lice magistrate to the place where the parents
of the said boy or girl lived, aad the
churchwarden of that parish : which
police magistrate and churchwarden are
hereby required to examine the master or
mistress, what trade, calling or occupation,
he or she is of ; and consider whether the
said boy or girl, so to be bound apprentice

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228

LAWS OF BARBADOS

as aforesaid, be fit for such the trade call-
ing or occupation, of such master or mis-
tress. And if it appear to the said police
magistrate and churchwarden, that the
said boy or girl be fit for such trade, call-
ing or occupation, then the said police magis-
trate and churchwarden are to see the said
master or mistress, and the said boy or girl
sign, seal and deliver the indentures of ap-
prenticeship, interchangeably, and set their
hands to an endorsement thereupon signi-
fying their approbation thereof. And all
such indentures of apprenticeship, so signed
and sealed by any boy or girl, under the
age of twenty one years, with the con-
sent of the parent, guardian or police mag-
istrate and churchwarden aforesaid, shall be
sufficient to oblige the said boy or girl to
serve his master or mistress the term, and
to do and perform the covenants and agree-
ments therein specified, as well and effectual-
ly, to all intents and purposes, as if the said
boy or girl were above the age of twenty
one years at the sealing thereof ; any law
to the contrary notwithstanding.

Police magistrate 3. It shall and may be lawful for any
may bind as appren- police magistrate within this Island, to
tices any idle per- i^i^d out any loose, idle or unsettled persons
sons under 21 un- j xv i? 1 x j.

til they attain 21. ^der the age of twenty one years to ap-
prenticeship, for any term, until he or she
arrive unto the age of twenty one years ;
wherein the said police magistrate shall ob-
serve and proceed in such manner as is ap-
pointed by a statute made in the fifth year
of the reign of Queen Elizabeth, Chap. 4.
Any Churchwar- 4. It shall and may be lawful for the
den ^ith the Police churchwarden of any parish within this

prentice any chUd wtrat« oi tne pansh, to put out apprentice

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229

SESSION OF 1889-SO.

any boy or girl, under the age of twenty-one under 21 who has

years, who has been educated at the ex- been educated at

pense of the parish in which such boy or the expense of the

girl lives ; and any and 'every such inden- T^^^^ •

ture of apprenticeship, signed and sealed

by the churchwarden of such parish, and

such police magistrate, shall be as effectual,

to all intents and purposes, as if the parent

or parents of such boy or girl had signed or

consented to the same, anything in the said

Act, or in any law, usage or custom to the

contrary in^any wise notwithstanding.

5. K any dispute shall happen betwixt Police Magistrate
the master or mistress of any such apprentice entitled to settle
so placed out as aforesaid, and the appren disputes between
tice, which cannot be settled and accommo- thei^^aeters*^
dated by the interposition of the parent or

guardian, complaint may be made on either
side to any police magistrate who is hereby
empowered and required to hear and deter-
mine the same by a due examination of wit-
nesses on oath ; and if it shall appear to the
said police magistrate that the said master
or mistress has been guilty of such gross be- if master is in
haviour, as to render it improper for the fault apprentice
said apprentice to serve out nis time, he is may be transferred
forthwith to discharge such apprentice from ^ another Master
the said service, and to transfer him or her
to such other person for the remainder of
the term, as the parent or guardian shall
think fit, and can procure to accept of, and
take such apprentice.

6. Fr(to the time of such acceptance, the
new master or mistress, and the said appren-
tice, shall in all respects be on the same
terms, as if the said apprentice had been
first iDound to him or her, so accepting
and taking such apprentice for the residue

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230

LAWS OF BARBADOS

of the term : but if it appear to the said

If apprentice is police magistrate, that any such apprentice

in f^t he ig order- ^^ in the fault, the said police magistrate to

dutyiuSlrr^nal. ^^^^ sueh apprentice, on the penalty of be-

tj on non-compli- ing committed to gaol till a compliance, im-

ance. mediately to repair home to his master or

mistress, there to continue and pwform his

duty for the residue of the term then to

come ; and to be liable as before to sueh

moderate correction, as is allowed by the

laws of England in the like case.

co^'^^detLhig 7. If any person shall take away, decoy,
away any apprentice or entice away, or detain any young person,
witii intent to send over the age of twelve, and under the age
him toanothercolo- of twenty-one years, who shall at the time
^y* be an apprentice to any trade or calling,

from the service of the master or mistress to
whom such young person is apprenticed,
with intent to send away such person from
this Isknd, for the purpose of being employ-
ed in any other colony ; or if any person
shall, with such intent as aforesaid, receive
or harbour any such young person, knowing
the same to have been so taken away,
decoyed, or enticed away, or detained as
hereinbefore last mentioned, or if any person
shall, with such intent as aforesaid, and
without the knowledge of such master or
mistress as aforesaid, send or carry away,
or cause and procure to be sent or carried
away from this Island, any such young per-
son being such apprentice as aforesaid, every
such person shall for every such offence, on
conviction thereof, before any police magis-
trate, incur a penalty not exceeding fifty
pounds, nor less than ten pounds, to be
raised as in the case of servants* wages, and
paid one half to the informer, and the other

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231

SESSION OF 1889.'90.

half into the public treasury for the uses
of this Island.

8. If any person shall appeal to the As- Offender appeal-
sistant Court of Appeal or from that Court i^g against any con-
to the Court of Error against the conviction ^^^^^ brdetai^
for any offence committed by him against i^ custody unless he
the provisions of this or any Act amending enters into a recog-
this Act, such person shall be detained in nizance.
custody until the hearing or withdrawal of

the appeal unless he shall enter into recog-
nizance in the form in schedule B to this
Act before the Court against whose decision
or judgment the appeal is made with or
without a surety or sureties as the said
Court may determine, conditioned to appear
and try such appeal and to abide the judg-
ment of such Court thereon, and to pay such
costs as may be awarded by such Court ; or
the appellant may, if the Court from whose
decision or judgment he appeals thinks it
expedient, instead of entering into a recog-
nizance give such other security by a deposit
of money with the Clerk of the Court as that
Court may deem sufficient ; provided always
that such recognizance be entered into or
such security be given within the period
limited by law for making such appeal.

9. Any sum which may become due in proceedings on such
pursuance of any recognizance or deposft recognizance,
given or made under the provisions of the

last preceding section shall be recovered
in a summary manner before a Police Mag-
istrate on complaint of the Clerk of the
Court directing such recognizance or deposit
to bo given or made, and shall be paid into
the public treasury to the credit of the
general revenue.

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232
LAWS OF BARBADOS.

Repeal,

Sepesl and sav- 10. The several Acts mentioned in sche-
ings. dnle A to this Act are hereby repealed,

provided that this repeal shall not affect ;

1 . The past operation of the enactments

hereby repealed nor anything done or
suffered under the enactments hereby
repealed ; nor

2. anjr right, privilege, obligation, or lia-

bility acquired, accrued, or incurred
under the enactments hereby repeal-
ed ; nor

3. any penalty, forfeiture, or punishment

incurred in respect of any offence
committed against the enactments
hereby repealed ; nor

4. any investigation, legal proceeding or

remedy in respect of any such right,
privilege,obligation, liability, penalty,
forfeiture, or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed.

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233
SESSION OF 1889-90.

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2S4

LAWS OF BARBADOS

SCHEDULE B.

RECOGNIZANCE,

Complaincmt or Appellants
Defendant or Respondent}

WHEREAS the undersigned

principal party to this recognizance hereby
binds himseU to perform the following
obligation namely :

The said principal party together with
the undersigned sureties hereby severally
acknowledge themselves to forfeit to the
crown the sums following — that is to say,
the said piincipal party the sum of
pounds and the said sureties the sum of
pounds each in case the said
principal party fails to perform the above
obligation.

Dated this day of 18

Signed A. B. Principal Party,

C F "^

D.E I Sureties.

CAP. XLn.

(Aesented to 9th July, 1890)

BARBADOS.

An Act to consolidate and amend the Ads
relating to lepers*

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the Authority of the same, as fi/llows ;

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235

SESSION OF 1889-90.

Short title

1. This Act may be cited as ** The Lepers ghort title
Act, 1890"

Maintenance

2. (1^ The Govemor-in-Executive Com- €K>vemor-in-Exe-
mittee shall take care that the buildings of cutive Committee to
the Lazaretto are at all times kept in proper "^tj^^^^^*^® ^f*"
repair and sufficiently furnished with all J^^ i^^„ ^^ffin
necessary things for the use of the patients with all necessaries
therein, and he shall from time to time

make and give such orders and directions
as to him may seem fit for the proper
supply of food, medicines, and clothing,
requisite for persons afflicted with leprosy.

(2.) The Govemor-in-Executive Commit- Oovemor-in-Bxe-
tee is hereby authorized to provide such cutive Committee
articles for the employment, instruction, ^ ^^^^\ ^^^ f^'
and amusement of the lepers confined xepers ^^ ^ ' ^
in the Lazaretto, as he may from time to '

time think proper.

Offlcera and servants

3. (1) The Governor shall, when and so of- p. ^ taff f f
ten as may be necessary, appoint the several fi^erf * ^ "
officers herein after mentioned, who shall be

paid the annual salaries hereinafter specified,
that is to say: —

A Superintendent <£ 125

A Surgeon £ 100

AChaplain £ 30

A Matron £ 60

A Steward £ 50

(2) Such other officers or Servants as
may from time to time be necessary shall j^^^Ji^^?:
be appomted by the Governor, provided that fleers,
their salaries are first voted by the Leinsla- „
ture. ^~"^°-

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236

LAWS OF BARBADOS.

Salaries how pay- (3) The salaries o£ all such officers and
•^1®- servants shall be paid monthly as from the

first day of April instant, on the warrant of
the Q-ovemor-in-Executive Committee.

Inmates

Lepers applying 4. (1) It shall and may be lawful for The
for admission to be Governor-in-Executive Committee, and he
received. ig hereby required, upon any application

made to him for that purpose, to receive into
the said asylum any person or persons afflict-
ed with leprosy, there to be kept, taken care
of, and maintained at the public expense.

Police Magistrate (^^ I^ any persons afflicted with leprosy
may order any leper shall be found asking alms, or seeking pre-
found asking alms carious support, or shall be without any
&c., to be appre- visible means of subsistence it shall and may
bended and detam- ^ ^^^^i f^^. -p^^^^ Magistrate,upon the
ed in the Liazaretto. ,, r j. i x j*i,i -x il

oath of at least one credible witness, by war-
rant under his hand directed to any police
officer or constable, to cause any such afflict-
ed person to be apprehended and conveyed to
the said asylum, there to be kept, taken care
of and maintained at the public expense,
until he or she shall be duly discharged
as hereafter provided. And any person or
persons, making any false oath on any
such occasion, shall on conviction thereof
be liable to be punished as a person or per-
sons guiltv of perjury. Provided always
that it shall not be lawful for the Govemor-
in-Executive Committee to receive and
detain any person in the said asylum by
order of any Police Magistrate, unless it
shall appear by a certificate under the hand
of the surgeon of the said asylum, that the
person named therein is afflicted with the
disease called leprosy.

Digitized by VjOOQIC

237

SESSION OF 1889-90.

(3) The onus of proof that he has the
means of subsistence shall be on the person.

(4.) All persons aflBlieted with leprosy, Lepers not to ^uit
who may be placed in the said asylum the Lazaretto with-
shall be there safely kept and not suffer- ^^* *^ ^°<^^^? o^
ed to quit the same, or to be at large, until Executire'co^t-
the Governor-in-Executive Committee shall tee.
sanction the discharge of such persons,
and shall signify the same in writing un-
der his hand.

Discipline,

5. It shall be lawful for the G-ovemor to Governor to ap-
appoint a justice of the peace or police point a visiting jus-
magistrate to be visiting justice of the Lazar- tice to hear and de-
etto, and such visiting justice shall have J^^°^?V*^®® ^^^^^
jurisdiction to hear and determine all cases "

arising under this Act, and shall be allowed
for expenses incurred by him in visiting
the Lazaretto the sum of ten shillings f :>r
each visit ; such sum to be paid from the
Public Treasury on the warrant of the
Governor-in-Executive Committee.

6. (1.) If any inmate of the Lazaretto Offences under
shall quit it without leave, or shall violate this Act.

any rule or regulation concerning the
government, management or conduct of
the Lazaretto made by the Governor-in-
Executive Committee, such inmate shall
be guilty of an offence under this Act, and
on summary conviction before the visiting
justice or ary police magistrate shall be
liable to imprisonment with or without
hard labor, in the case of a first offence, ^®^*l*y-
for any term not exceeding one month,
and in the case of a second or any subse-
quent offence, for any term not exceeding
three months.

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238

LAWS OF BARBADOS

Noappe^ to the (2.) No appeal to the Assistant Court of
iSJ^"** "^ ^'Appeal shall lie against the decision or
ppeai. sentence of such visiting justice.

Persons sentenced 7. Any person sentenced to imprison-
under this Act may ment under the last preceding section of
be imprisoned in a this Act may be lawfully imprisoned in a
& W^r Vrovev place of confinement U> be provided
for that purpose at the Lazaretto by the
Governor-in-Executive Committee, any law
or usage to the contrary notwithstanding
provided that for any sufficient reason to be
approved by the Governor, any person who
may be sentenced as aforesaid may neverthe-
less be imprisoned in an ordinary prison.
Such place may 8. The place of confinement provided
be changed from at the Lazaretto may, if necessary, be chang-
time to time and ed from time to time

pri^n^ * ^- '^^^ ^^^^ P^^® ^^ confinement shall

^ be deemed and taken to be a prison, and

shall, so far as the same are applicable
thereto, be subject to any laws or regula-
tions for the time being in force for the
government of prisons within this Island.

Rules and Eegulations,

Oovemor-in-Exe- 10. The Governor-in-Executive Committee
cutive Committee shall from time to time make such regula-

r°^^t?M ^ ™*^^ *^^^® ^ ^ ^^^^ ^^^^ ®®®"^ expedient for
reg ions. ^^^ management and conduct of the said

asylum. And the said regulations shall be

fixed up in one or more conspicuous place

or places in the asylimi, and the same shall

be valid and binding on all parties.

Bejpeal,

Repeal and sav- ^^* '^^^ -^^^® mentioned in the schedule
ingi. to this Act annexed are hereby repealed pro-

vided that this repeal shall not affect ;

Digitized by VjOOQIC

SESSION OP 1889.'90.

1. The past operation of the enactments
hereby repealed nor anything done or
suflfered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation or lia-
bility acquired, accrued, or incurred
under the enactments hereby repealed ;

3. any penalty, forfeiture, or punishment
incurred in respect of any offence com-
mitted against the enactments here-
by repealed ;

4. any investigation, legal proceeding or
remedy in respect of any such right,
privilege, obligation, liability, penalty,
torfeiture, or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried on
as if this Act had not passed.

Suspending.

12. This Act shall not come into operation suependinir
unless and until the ofl&cer administering the tion.

fovfernment notifies by proclamation that it is
Eer Majesty's pleasure not to disallow the
same, and thereafter it shall come into
operation upon such day as the officer ad-
ministering the government shall notify
by the same or any other proclamation.

Digitized by VjOOQIC

240
LAWS OF BAEBADOS

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Digitized by VjOOQIC

241
SESSION OF 1889-90.

CAR XLIII.

{A88ented to 22nd July, 1890.)
BARBADOS.

An Act to consolidate and amend the Acta
oj this Island relating to the Customs
Establishment.

BE it enacted by the Q-overnor, Council
and Assembly of this Island, and by
the authority of the same, as follows:

1. This Act may be cited as " The Cus- gj^^^^ ^^^j^
toms (Establishment) Act, 1890."

2. The Customs Establishment shall con- The Customs Es-
sist of the following officers at the respec- tablishment, its of-
tive annual salaries hereinafter specified, fief's, a^d their
namely; ^^^«-

A Comptroller at ^600

A Landing Surveyor at £SbO

Two officers, each at •gSOO

One officer at ^240

One officer at d6225

Two officers, each at £200

Two officers, each at ,8160

Three officers, each at £150

Six officers, each at £100

3. The salaries of the said officers shall Salaries how paid
be paid from the public treasury on the

warrant of the Govemor-in-Executive Com-
mittee by equal monthly instalments.

4. The said officers shall be appointed by Governor to ap-
the Governor. point.

6. The Comptroller of Customs shall be j^^^^^ ^^ ^omp-
responsible for the general management and troller of CustomsT
administration of the Department and he
shall perform all such duties as may now or
Jiereaf ter be imposed upon him b^ law or

Digitized by VjOOQIC

242

liAWS OF BABBADOS.

by direction of the Goveraor-in- Executive

Committee.

Duties of other of- 6. The officers of the Department other

ficera. • than the Comptroller shall perform such

duties respectively as shall from time to

time be assigned to them by the Comptroller

with the approval of the Govemor-in-Execu-

tive Committee.

Security to be 7. Every officer of the Customs Estab-

eiven by every of- liahment sbttU enter with two sufficient

leer. sureties into bond to Her Majesty Her

heirs and successors in such form and in

such amounts as the Governor-in-Executive

Committee may determine, conditioned for

the due discharge of his duties and for duly

. accounting for all monies or other property

coming into his hands or under his control.

Exemption of of- 8. No officer of the Customs Establish-

^ubhcdSties''^'^*'''^®^* ®^"^^ ^® compelled to serve in any
^^ ^ parochial or other public office or employ-

lament, or on any jury or inquest, or on the
appraisement of any property, or in the
Militia of this Island.
Officers not to be 9. The officers of the Customs Establish-
concemed in trade ment shall not be concerned in trade or
or eligible to the ^ther businesa, or be eligible to the Council
Legislature. ^^ Assembly of this Island.

Penalty on officers IQ. If any officer or other person acting
receiving gratuities jj^ ^^y office or employment in or belonging
i?gtK^^'^"*^ the said Customs Establishment shall,
directly or indirectly, take or receive any
fee, perquisite, gratuity, or reward, of any
sort or description whatsoever, on account
of anything done, or to be done in, or in any
way relating to his office or employment,
other than the salary and emoluments
allowed him by law, he shall, on proof thereof
to the Gk»vernor be dismissed from his office
or employment ; and every person who sh»,l 1

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24S

SESSION OF ) 889*90.

giye, offer, or promise to give, any sudi fee,
perquisite, gratuity, or reward, shall, for
every such oflfenjce, forfeit the sum of one
hundred pounds.

11. 1^ Goveraor-in-Executive Cofiamittee Govemor-in-Exu-
mav from time to time af>poi«t, the hours of c^^^i^® i*oiniuiUee
geW attendance of the r^peetive officers Sf^'tfX.d^^^^^
of the Customs Estabushment, at the proper 4^., of oiBoerR,
offices and places of employment, and the

Comptroller may appoint the times during
suth hours at which any particular parts of
the duties of such officers and other persons
respectively shall be performed. And the
Governor-in-Executive Oommittee may also,
from time to t*me, make rules and regula-
tions for the better government, ordering,
and supervision of the officers and persons
employed in the Customs Establishment,
and of the several matters intrusted to their
charge, and vary and alter the same from
time to lime.

12. This Act shall not come into opera- Suspending sec-
tion unless and until the Officer administer- tion.

ing the Government notifies by proclama-
tion that it is Her Majesty's pleasure not to
disallow the same, and thereafter it shall
come into operation upon such day as the
Officer administering the Government shall
notify by the same or any other proclama-
tion.

Bejpeal.

13. The Acts mentioned in the schedule to Repeal and saT*
this Act annexed are hereby repealed ; pro- ings.

vided that such repeal shall not afiect ;

1. The past operation of the enactments
hereby repealed nor anything done or
suffered under the enactments hereby
repealed 3 nor

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244
LAWS OF BARBADOS

2. any right, privilege, obligation or lia-
bility acquired, accrued, or incurred
under the enactments hereby repealed ;
nor

3. any penalty, forfeiture, or punishment
incurred in respect of any offence
committed against the enactments here-
by repealed ; nor

4. anyj investigation, legal proceeding or
remedy in respect of such right,
privilege, obligation, liability, penalty
forfeiture, or punishment as aforesaid,
any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed ; nor

6. any Acts in which the enactments here-
by repealed have been applied, incorpo-
rated, or referred to.

Digitized by CiOOQIC

245
SESSION OF 1889-90.

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246

LAWS OP BARBADOS

CAP. XLIV.

(Assented to 22nd July, 189Q,)

BARBADOS.

An Act to provide for a loan from the pMk
treasury to the Governing Body of
Queen^s College, *

► B it enacted by the Groveroor, Conncil,
and Assembly of Uiis Island, and by
the authority of the same, as follows ;
Loon of je400 1. A loan of four hundred pounds is
g^ranted from tne hereby granted from the puMic treasury to
S^tSg :S^y*o? t^« «overnin^ Body of Qae^'. College for
Qneem's College. ^1^® purpose of assisting aucn Governing rHXiy
to pay a loan of five hundred pouodsr, raised un-
der the provision? of "Hie Queen's Collie
Loan Act, 1885," and the Act of the ei^th
day of February, one thousand eight hundred
and eighty seven, entitled, An Act to amend
"The Queen's College Loan Act, ie«5/
and the Governor in-Executiv© Comffliittee
is hereby authorased and required to fesne a
warrant to ihe treasurer of the Island re-
quiring him to pay as a loan the said sum of
toxxr hundred pounds to the order erf the
said Governing Body of Queen's College, and
Lancb^cofCol- the lands and buildings of which the said
tS^ rewment'^'^if ^<^verning Body may be possessed for
the sai^ ^^ ^ *^® purposes of the said School shall be
charged with, and subject and liable to the
payment of the said loan of four hundred
pounds hereby granted, until the same shafi
be repaid.
Loan to be repaid 2. The said loan shall be repaid on or

1902^^ ' ^^^® *^® ^^^^y ^^^^ ^*y ^^ December one

thousand nine hundred and two.

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247
SESSION OF 1889.'90.

Suspending clause,

3. This Act shall not come into operation
unless and until the Officer administering the
Government notifies by proclamation that it
is Her Majestv^s pleasure not to disallow the
same, and tnereafter it shall come into
operation, upon such day as the Officer ad-
ministering the Government shall liotify by
the same or any other proclamation.

CAR XLV.

{Absented to 15th August 1890.)

BARBADOS.

An Act ta consolidcUe the Acts relating to
Lighthouses,

BE it enacted by the Governor, Council,
and Aaseinbly of thi« Island, and by
the authority of the same, as follows : —

1. Tbi« Act may becited as '* The Light Short title,
bouses Act, 1890/*

South Point Light House,

2. The Governor for the time being is Governor to ap-
hereby authorized and empowered to appoint point keepers &c.,
from time to time, and dunng pleasure, one

keeper of the light-house on the Southern
Coast known as the South Point Lfghthouse
at an annual salary of one hundred pounds,
sterling money, and two assistant keepers,
at the annual salary of fifty pounds, ster-
ling mont?y each ; and the Executive Com- Executive Com-
mittee are hereby authorized to procure, by "^^^ *H»hr &c^
contract or otherwise, oil, candles, wicks, ^^^1 ^ make rules
materials, utensils, and all such other things and regulations,
as shall be neoessary for maintaining the
aid light in the mpst efficient manner;

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248

LAWS OF BARBADOS

and also to provide for the necessary repairs
of the light-house, and the lanterns and
appurtenances thereof, and for keeping the
same at all times in good order and
condition, and properly and sufficiently sup-
plied; and also to make and enforce rules
and regulations for the proper and orderly
lighting and keeping of the said light-house,
and to annul, rescind, or alter such rules
and regulations.
Governor-in-Exe- 3. The Govemor-in-Executive Committee
outire Committee g)iall from time to time in the usual manner
S'^T^ y^riy ^«®"^ «• warrant to the Treasurer of the Is-
tot the piipoaes ^^^^ ^^^ Paying the sums of money required
aforesaid. for maintaining the said lighthouse and light

not exceeding the annual sum of five hun-
dred pounds sterling money ^salaries in-
cluded).

Needham^a Point Light House,

Executive Cora- ^- The Executive Committee shall be and
mittee to maintain they are hereby authorized and empowered
the Needham'n out of the funds placed at their disposal by
Pomt Lijfht. section three of this Act to provide for and

maintain the harbour light at Needham's

Point.

Ragged Point Light House,

Governor to «p- 5. The Governor is hereby authorized and
point keepers &c. empowered to appoint from time to time,
and during pleasure, one keeper for the
lighthouse on the Eastern Coast known as
The Bagged Point Lighthouse at the annual
salary of One hundred pounds, and two
assistant keepers at the annual salary of
Fifty pounds each ; and the salaries stated
shall be paid from the public treasury in
the usual manner, by warrant of the Gov-
^rnor-ip-Executive Committee,

Digitized by VjOOQIC

249
SESSION OF 1889-^50.

6. The Governor-in-Executive Committee Governor- in^Exe-
shall from time to time in the usual manner <^^**^® Committee
issue a warrant to the Treasurer of the Is- ^^''^1240 y«ttlyi
laad for paying the annual sum estimated as in maintaining the
xe^uired for maintaining the said lighthouse said light.

a.iid light irrespective of salaries ; not ex-
ceeding fche annual sum of two hundred
and forty pounds.

Damage to Lighthouees,

7. If any person shall wilfully put out ^, I*«nalty on pat-
or injure the said Kghts or shall wil- g^f^^^^^*^ *j^^^^^^
fofly destroy or injure the said lighthouses th^m or tae said
or any building belongi^ thereto, such li^thoness.
person shall on conviction thereof at the

Court of Orand Sessions be fined or impris-
oned at the discretion of the said Court,
and in case the injury or damage done to
the Mid iigiithouse or any building hereof
shall not exceed the sum of twenty pounds
ster^ng it shall and may be lawful for a
Pdice Magistrate to hear and determine
the same, and to impose a fine on the
offender not exeeedkig the sum of twenty
pounds steilin^ mon^ of this Island, and
if «ot paid within foorte^i days, the Police
Magistrate shall by wairant under his hand
ooQimit the offender to prison for tJiree
months unless the fine be soon^ paid.

8. The Acts mentioned in the schedule
hereto annexed shall be and they are hereby
repealed to the extent to which such Acts
are by such schedule declared to be rt^ealed.

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250
LAWS OF BAEBADOS

p4
o

Digitized by VjOOQIC

251
SESSION OF 1889-90.

CAP. XLVI.

(Assented to 19th Aiigust 1690.)
BARBADOS,

An Act to consolidate and amend the Acts
of this Ibland relating to lunatics and
their property,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows : —

1. This Act may be cited as " The Luna- Short title,
tics Act, 1890." ^ ^. .,, „

2. The following meces of land, viz ;~ ^aM^^^t'^^se
(1.) a piece of land contammg forty eight mont'^ vested in the

acres, three roods and ten perches, com- Executive Commit-
monly called or known as "Jenkins- tee for an estate of
ville," and ^^® simple in pos-

(2.) a piece of land containing six acres P^i^'^.^'^o'"
and thirty two perches forming part of
a place commonly called or known as
** Rosemont,"
which said pieces of land are situate in the
Parish of Saint Michael and of which re-
spectively the boundaries are delineated in
two plots marked "A" and "B" respectively
certified by the Honourable George Clarke
Pile to be the plots of the said pieces of
land and recorded in the Colonial Secre-
tary's Office, together with all buildings
thereon and all ways, passages, waters, .
rights, easements, privileges and appurte-
nances belonging thereto or heretofore used
and enjoyed therewith, are hereby vested
in the Executive Committee, their succes-
sors in office and assigns, for an estate of fee
simple in possession free from all incumbran-
ces.

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252

LAWS OF BARBAIK^

Asylum to be 3. (1) The btuMifigs and premises of the

imder direction of existing Lunatic Asylum, or of any Lunatic

fXrCommuL. Asylum that may hereafter be buflt shall be

under the direction and management of th&

Govemor-in Executive Ck)mmittee.

Gtovemor-in-Exe- (2*) 'Hie Goremor-iiirExeei^Te C^aunk-

•ntive Committee tee »hail be and £S hereby aatttdi^ied t& pro-

to provide articles yid© such articles for the em^oyment, in-

of'iS^^ ' struction, and amusement of the lunatica

confined in the lunatic asylum aa he ia

Executive Committee may from time to time

think proper.

Governor-in-Exe- 4i The' Gove? noMn-Execiitive C(Hnmittee

cntive Committee to shall take care that the buildingfirof Ute'a^-

keep the bttildingB lum are atatttimes keptitt woper vevoAr

IU^^4^«^ *«^ sufeieiFtly tenishel wil^ aB neee^ary

snppliefl are proTid- tMng^ for the usool tiie persoBs confined

ed for tlie Estab- therein, and shafi from time to time make

liehaent. and give such orders and directkiis as

mesT seem fvt for the proper su]^y oi food,

m:€K[Kcme8, and clothing reqiii«ite for such

persons as shall be kept m em^nemerj^ in

the asylum.

5. The Governor sfaa^ appoint a utettb^:

serTants. ^^'^ ^ piiyBimaii and rcsiaeBt snperBitfiB&'

ent at a sMsry of foixr handred pounds per
aoBimi and shall aj^potnt Ir^mi lane to tkae
all the officers^ sanrants, and atiendai^ ol
the said asyhrnu and he may diaeharee them

Qovernor-in-Exe- 6. Tke Govcmor-in-Exeeutive Comid^tee

cntive Committee xrAy make, aker^ or aimul mak rales aootd

^ T^oD?^*^ ^^ regalatiow &b to them sh^ wa&B espeS^

regn oos. ^^^ ^^^ management and c<9QGtoct oi the said

aeylixm^ in whidi regulalions shaH beset

f (MTlb the mmdber and deseriptrai' of offie^rsv

servantsy^ and attmdan^: to bfr em^lf^jred^

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253

SBSSIOF OF JM^-90.

the duties to be reqrticed of them, and what
sakries shall be respeetiv^y paid to them«
sueh rules shaH be valid and bmdf Hg on aB
persons.

7. Lunatics, insane persons, or dangerous Provision for safe
idiots, DOW in confinement in th6 lunatic ®^*^ of l»ti«it«.
asjluni, or who mar hereafter be pkeed

therein, shall be safely kept, and shall net
be sufl^ed to quit ana be at large until the
Goremor-in-Executive Cfomnrittee shall or-
der their i^charge, and shall signify the
same in writing under his hand, and ii^a«y
officer, servant or assistant in the asylmn
shaH, through neglect or coraiivance, permit
any such person to escape and be at lai^
wffchout such order as aforesaid, he shatt, for
every su«h ofifence, be liable to a fine not ex-
ceeding two poxmds.

8. The GFovemor-in-Executive Committee Provision for the
after eonffliltation with the Medical Super- discharge or remov-
intendent of the asylum, sLall dischai ge ^^ ^^ patients,
there from any lunatic confined therein (ex-
cept any lunatic prisoner removed there hj

warrant from the €h)vernor) whose perfect
recovery m^y be certified by such Medical
Superintendent, and it shall also be lawful
for the (jfovemor-itt-Exeeutive Committee
after consultation with the Medical Superin*
tendent of the asylum, to permit the re-
moval therefrom of any lunatic, insane per-
son, or idiot, bow or hereafter placed in
confinement therein (except any Itmatie
prisoner removed there by warrant from
the GKrvernor) whose relations or friends
may be willing to undertake the charge and
care of such person, and shall satisfy the
Govemar-in-Executive Committee of their
ability so to do.

Digitized by VjOOQIC

254

LAWS OF BARBADOS.

Returns to be 9. The Medical Superintendent of the

made by the ^©di- asylum, shall make regular returns once in

^onmj^^ ^ ^^^^^^ month to the Governor-in-Executive

Committee of the state and condition of all

persons committed to his care.

Powers of Execu- 10. If any insane persons to the number

tive Committee in of ^^q q^ more shall be confined in any pri-

wf^8 ^'^ ^**^ ^^ parochial house, building or asylum

it shall and may be lawful for any person

ordered by the Governor-in-Executive Com

mittee to do so, to visit at all times any such

house, building, or asylum and to ascertain,

by the examination of witnesses on oath (and

which oath such person is hereby authorized

to administer) if such insane persons are

properly treated, and to give such orders and

directions with respect to the treatment of

such insane persons as to him shall seem

meet. And if the person in charge of such

house, building or asylum, shall neglect or

refuse to attend to such orders or directions,

he shall, for every such offence, forfeit the

sum of two pounds.

Powers of <>ov- 11. It shall be lawful for the Govemor-in-
emor-in-Executive Executive Committee by warrant under his
S^r^t^dan'^jrof" ^^^^ directed to a police officer or consta-
^d to examine par- ^^^> ^^ compel their attendance before him
tiee of any person, and to examine him on oath

(and which oath the Governor-in-Executive
Committee is hereby authorised to adminis-
ter) touching and concerning any of the
matters and things in this Act contained,
and for the better enabling the Governor-
in-Executive Committee to carry out the
out the provisions thereof.
Governor may or- 12. (1) It shall be lawful for the Gov-
der I'oaioval or de- emor to order, whenever it may appear to
tentJou of duly cer- }jj^ necessary, any lunatic duly certified so
tified lunatic to or ^ ^ ^^^^^ provisions of this Act to be

^ Digitized by Google

255

SESSION OF 1889-90.

removed to and detained in such place as in such place as he
to the Governor may seem fit for such ^^y ^^^^ ^^^
purpose.

(2) The provisions of this Act shall so
far as they may be applicable, apply to the
lunatic removed and confined under the
provisions of the last preceding subsection
and to the place in which he may be confined
after removal.

13. (1) If any person, by lunacy or other- Apprehension of
wise, shall be so furiously mad, or so far ^^^**^^ ^V^^to
disordered in his senses that it may be dan- be there'^^n token,
gerous to permit him to go abroad, it shall
be laT\ful for two Justices of the Peace (i) If he has not
one of whoDi shall be a Police Magistrate been in a Lona-
by waiTant under their hands directed to a * jj^ ^''^^"fj. ^^^^jo
police officer or constable, to cause such ^^nt^g'^^ ^°^
person to be apprehended and brought be-
fore them; and the Justices shall, with the
aid of two physicians or surgeons inquire
as to the insanity of such person, and if it
shall be duly certified to the Justices by the
said two physicians or surgeons that such
person is insane, such person shall, by the
warrant of the Justices, be conveyed to the
said lunatic asylum, there to be safely kept
and confined until he shall be duly discharg-
ed.

(2) In the case of any person brought And (2) if he has
before any two Justices of the Peace as a been in a Lunatic
supposed lunatic under the provisions of the Asylum within that
preceding subsection, if it shall appear that '^^^'
such person has been an inmate of any
lunatic asylum at any time within the period
of twelve months next preceding, it shall be
lawful for the said two Justices, if they
shall think fit, to issue their warrant for the
conveyance of such person to the lunatje

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256

LAWS OF BARBADOS

asyhun aad his co&fineiuent thereat wi^iout
requiriag the attendanoe or certificate of an j
physician or surgeon ; provided thsiX in any
case ol difficulty ^e aaid two Justtcea shall
4^tain the assistance on the enquiry of a
physieiaA or surgeon, who shall receive the
fee hereini^ter mentioned.
Bemaneration to 14. In cases of pauper lunatics, m which
Medical men whose the aid of physicians or sui;geons may be
se^]^^ may he re- required imder the authority of this Act,
p^^limaSc?^ ^^ ^^^^ physicians or surgeons shall, in each
^ case, be paid from the public treasury a fee

of one pound one shilling each for their ad-
vice and certificate.
IVocoedmgsto be 15. If any person, whilst detained in any
talEon in cases of prison, or other place of confinement, under
lunatics who are in sentence of deaths taunsportation, or imprison-
P"^**- ment, or under a charge of any offence, or

for not finding bail for good behaviour, or to
keep the peace, or to answer a criminal
charge or in consequence of any summary
conviction or order by any Police Magistrate
or under any other civil process, shall appear
to bo insane, it shall be lawful for any two
Justices of the Peace one of whom shaE be
a Police Magistrate to inquire, with the aid
of two physicians or surgeons, as to the in-
sanity of such person ; and if it shall be duly
certified by sucd Justices and such physicians
or surgeons, that such person is insane, it
shall DC lawful for the Governoi% upon re-
ceipt of such certificate to direct, by warrant
under his hand, that sudi person snail be re-
moved to the lunatic asylum ; and every
person so removed there snail remain under
confinement in the asylum until it shaU be
duly certified to the Governor by two phy-
sicians or surgeons that such person has
become of sound mind, whereupon the Goy-

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257

er^yQ^.iiah^rc^y) authoriised, if sudbpaeioftj !

sh^U.^ still rei)a9)ip.subj6^1f, to be coi^tiiMied.iB , j

cui9^3(, i to issu^ , hia watri^nt to the resulent ? i

su|^intaidQ^W::Or;;Other periKm in ehargd' I

of t^Q p.syhim, dii:ecting~ tha^, such peraoo.^

sb%U . be removed l^aok from tbe&<^ ,to thd;

pr^%;Or other place of .confiuenneatfrom ^

whence }ie ^^Jiall haye l>eea taken, or if the

period oi . impriaonpient or custody of such i

perfiipn., shall haye expired, that he shall b^ ^

dis(;)i.arged^ ]

1 6^ Jf upQu the trial of any ppifson charged : Personsaequitted
with treasQU,. murder, or felony, or, witi any 9f crimes on the
mi^(i.emea»QU|r, it shall be giv^en in evidence f"^^**!^ b^'T^t
that ^uch person was ins^nft ^ the time. of ^j^ ^

th^ , ^commission of such o^ence, and such,
peijson shall Jbe acq)utted,..the jury j^hail .be
recjifired to find gpeqiaUy. whether .sudL.per-* -
son was. u^sane^at the time, pi tKe commission-
of such, offence ; ^nd to declare. \YhetheE suqI^..
person, waa acquitted, by them on account of r
suc^.jpsajjiity,: and if they shall .find thai^
such .peraoni , was^ . insane. ,iat Jihe tim^ iof
commit^tingjuch-pffwce, ,and was^in coniie-.^
quemj!^. there^ , acquitted iby. them^ ,the r,
Court, bef pre wbpm^jjch, trial shall b^ ;had^.,
shfjl. prder^ueli perspp,to l^e kept |ip jstrict ,
custody, in such, place and in such maymer,^ ,
as .to the Court shall seem fit, until her
Mf^esty!s pleasure shall be known, and it
shaH tjiereupon be lawful for her Majesty to
give such order for the. safe custody of such,
peiion during her pleasure in such plac^, and r .
in such manner^ as to her Majesty shal|l,seem
fit ; and in all case% where any person before -
the passing of this Act has been acquitted pf
any su6h offence on the ground of insanity at
th^ time of the; commission thereof, and has j
been detained in custody as a dangerous

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258

LAWS OF BARBADOS

person, by order of the Court before whom
such person has been tried, and still remains
in custody, it shall be lawful for her
Majesty to give the like order for the safe
custody of such pei-son during her pleasure,
as her Majesty is hereby enabled to give in
the case of any person who shall hereafter
be acquitted on the ground of insanity.
biBpection of 17, (1.) It shall be lawful for the Gover-
p!ace wherein any ^j^^. ^^ ^^^jme to authorize and direct the
S' ""^"^ ''''■ Medical Superintendent of the Lunatic
Asylum together with some duly qualified
physician or surgeon, to visit and inspect any
house or place wherein any lunatic or person
represented to be a lunatic shall be confined
or alleged to be confined, and inquire into
the state of such lunatic, and to report to him
the result of such inspection and inquiry,
and should it appear to the Governor, on
receiving such report, that the treatment or
state of health of the lunatic is such as to
make it advisable so to do it shall be lawful
ow^ o remov- ^^^ ^^-^ ^ order the removal of such lunatic
al tu liunatic Asy- . ., , ^. , j

l^^^j to the lunatic asylum, and any person resist-

ing or opposing the execution of such order,
l^eniJty on resist- ^^ resisting or opposing the person so
!ng order of remov- appointed by the Governor, shall be liable to
ill a penalty not exceeding fifty pounds.

(2.) Every person removed to the lunatic

asylum.by order of the Governor under the

authority of this Act, shall be deemed and

consiaered to come within the provisions of

this Act.

i^yment of medi- (3.) Every physician or surgeon employed

cu\ men and of ex- for the purposes, and under the provisions

peiifiea incurred in of the first sub-section of this section

^XjW "" «^^^^. ^® P^^^ ^ ^^^ ^^ ^^^ guineas out of the

Public Treasury, which fee together with

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259

SESSION OF 1889.*90.

any expense which may have been incurred
in and about the removal of any lunatic to
the lunatic asylum, under the authority of
this Act, shall be allowed and paid by the
Governor-in-Executive Committee.

18. If any person confined m the Lunatic Patients posscss-
Asylum shall be possessed of any estate or f^ of property to
property the Governor-in-Executive Com- ^»-^^«- ^nheir
mittee shall fix what weekly or other rate estate.

shall be charged on his estate for his mainte-
nance and care during his confinement, and
shall certify the same to the Treasurer of
the Island, who is hereby authorized to
demand payment thereof from the person in
charge of the estate and property of the
lunatic, and which, if not paid within ten
days after the time fixed for payment by the
Governor-in-Executiv(; Committee, the said
Treasurer shall issue his warrant to a police-
officer or constable for levying and raising
the same by sale as in the case of serrants'
wages, of sufficient part of such estate and
property.

19. No person who may be legally responsi ^ ...... -

ble for the maintenance of any lunatic shall maintenance^ of^^
by reason of the removal of such lunatic to lunatic.

the lunatic asylum, under the authority of
this A ct, be absolved from his responsibility
in that respect, but every such person shall
be liable to pay such weekly sum towards
the maintenance of such lunatic, while an
inmate of the asylum, as the Governor-in-
Executive Committee shall, looking to the
circumstances of the party, think just and
reasonable, and the amount so fixed by
them shall be certified to the Colonial Trea-
surer, who shall require, and if necessary,
enforce payment thereof in the manner

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266

7)olttted out in aiiclby ihd last ptededi'ttg

section.

Persons liable to 20. If any p^flson, in whose \ibstddy or

wS*"t°VT ^'^^^ toy hinatic may be, sbaU' tubus© or ill-

watment '*^" treat such lunatic, such pe^on flh»U be

guilty of a misdemeanor, and shall te ^^ie

■on eonyiction thereof to be imprisoned for

any term not exceeding two years, with

or without hard labour.

Application of 21. The penalties and forfeitures under

penalties. ^^^ ^^^ ^j^^U y^ ^^ jj^^ Majesty her heirs

and iiuccessors, anid shall be reeorered in a

summary manner, together with c<(sts, on

the coipplaint of any person before a Police

Magistrate as in the case of servtmts'

wages, and paid into the public ti^easury

for the uses of the Island.

Jurisdiction dfOourtofVhancery itire*
'sped of Ittncdics,
Powers ot Court 22: The Court df Chancery df this tWand
of Chancery in Bar- ^half ' have ' jpowet and authority to do, ei-
bados with respect ercise, and ^rfbrm all acts, tnatterij ' ahd
to- things necessary for the due exiectrtion

within this Island, of such equitable juris-
diction as is possessed by < the Lord High
Chancellor of England, in the exercise ^f
similar jurisdiction within the realm of
Sngland ; and also to do all such other adts,
matters, and things as «an and may be
done by the said Lord High Chaikoellor
within the realm of England in the exercise
of the Common Law jurisdictioti to him be-
longings and to ai^point guardians and com-
Infante and Lu- mittees of the persons and ^E^ates of infants
^^^^^' and of natural-bom fools, It^natics, and per-

sons derived of understanding; and reason
by the act of God, and unable t^ govern
themselves or their estates, and for that
purpose to inquire into, hear, and determine

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261

hj iii^pfecfloh 6f the 'peisoh, tlie'iuljW
such inquiry, or by cxaminatiori' on aath, or
bthe^wise,' of tire 'party ;in w&6se custody' or
clraVge tj^icli pierton iA^j be, or 61 any blber
person or pertons; or by Biich othier "ways
and means by 'wHicb't'be truth ^^^^^
^^overed, and'to act in alF cases' whatso-
ever; Jtis- fully ahd'kmply'to alt mtepts ahd
^titpoSds as' the istdd Lord* Hi^h Ch Aricellbr
or fh^ '^^titee from the Crb'wn 6f"the
perlsbn ^nd states of infants abd Tnnatics,
ftatttral-bbrn fools, and pereotis deprived oi
ti^dei^tinditig as aforesaid, may n6w Ikw-
fully do.

23, Where it 19 established to tlK! siiiiB- H*>'^ ^""^K^^L^
* ,* £ Ml ' -J r^ -4. -u a: 1 V when imder X5,00u

faction ^f the said Court bj uffiaavitor ^ ^^^^^^ ^^^^^^

otherwise, that any f*erson is of unsound jj^ay ^j^ dealt witli. •
mmd aud incapable of managiDg his affi^ira
and that his property does not exeeed five
thousand pounds in value, or that the in -
CO hie thereof doe^ tiot exceed thret? buuclred
jjiounde per annum ^ the said Court ipkiv, ^rifh-
Out direetitifa; any inquiry undej" aCommiSsio)!
of Lunacy ^ uiake sueh order as may be con-
sidered expedient for the purpose of render-
ing the property of such person, t>r the
income thereof, available for his mainte-
naftoe or benefit, or for carrying on his
trade or biisiness: Provided nevertheless Proviso,
iitat the alleged inejine person ahall li^ve
sqch personal notice of tbe application tor
such order as aforesaid a*? the Court shall
by general order to be made as heieftiifter
liientioned direct.

■ 24. For the purpose of giving effect to P^werinCouitto
any ^uch order as is menlioned in lb e last '^^1^^^^^^^^
precedinj? section, the said Coi^rt may order p^fgon^l propMy
any land, stock, or other property, of such &c.,
person as aforesaid^ to fee iold, charged by

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662

LAWS OF BARBADOS

V<iy of mortgage or otherwise disposed of,
and a conveyance, transfer, charge, or other
disposition thereof to be executed or made
by any person on his behalf, and may order
the proceeds of any such sale, charge or
other disposition or the dividends or income
of such land, stock or property to be paid
to any relative of such insane person, or to
such other person, as it may be considered
proper to trust with the application thereof
to be by him applied in the maintenance or
for the benefit of the insane person, or of
him and his family either at the discretion
of such relative or person, or in such man-
ner, and subject to such control and with
or without such security for the application
thereof as the said Court may direct. And
for the purpose above mentioned the said
Court shall have all the same powers with
respect to the transfer, sale and disposition
of. and otherwise respecting the real and
personal property of such person as afore-
said, as if he had been found lunatic by in-
quisition.
Court to make 26. The said Court may from time to time
rules as to manner make such general orders as may be thought
of proceeding. ^^ f^^. regulating the procedure to be adopt-

ed, the duties to be performed by the Mas-
ter of the said Court, and for carrying the
objects of the two last preceding sections
into effect, and for vesting in such Master
such powers as the said Court maj' consider
expedient for the purposes aforesaid.

Persons acquit- 26. Where any person has, on the trial
ted in a Criminal of any indictment, been acquitted on the
Court on ground of ground of insanity, it shall be lawful for the

^^T Wr^i'T; said Court, on being satisfied by affidavit or
tmuiuiir insane to-i • e i • i«« <• i

come under opera- otherwise of the contmued insanity of such
Uon of this Act. person, and of his being still in confinement

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263

SESSION OF 1889-90.

to make any such order with respect to the
property of such person, and the applica-
tion for his maintenance or benefit, or that
of his family, or for carrying on his tiade or
business, as is mentioned in the three last
preceding sections of this Act.

Iiej[>eal.

27. The Acts mentioned in the schedule to
this Act annexed are hereby repealed pro-
vided that this repeal shall not affect ;

1. The past operation of the enactments
hereby repealed nor anything done or
suffered imder the enactments hereby
repealed ; or

2. any right, privilege, obligation, or lia-
bility acquired, accrued, or incui-red
under the enactments herebv repealed :
or

3. any penalty, forfeiture, or punishment
incurred in respect of any offence
committed against the enactments here-
by repealed; or

4. any investigation, legal proceeding or
remedy in respect of any such right,
privilege, obligation, liability, penalty
forfeiture, or punishment as aforesaid
and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed ; or

5. any enactment in which such enact-
ment has been applied, incorporated,
or referred to.

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364

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SESSION OF 1889.90.

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LAWS OF BARBADOS

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Digitized by VjOOQIC

26?

SESSION OF 1889-90.

CAP. XLVII.

(Assented to 19th. August 18H0.)

BARBADOS.

An Act to provide for taking a Census of
BarhadoB in the year one thousand eight
htmdred and ninety (me.-

WHEREAS it h Her Majesty's gracious
pleasure tfeat a Censos of the popala-
lation of Her Colonial Possessions should be
taken in the year one thousand eight hun-
dred aiid ninety one'; Be it therefore enact-
ed by Uie GovemoTy Council, aad Asseiably
of this Island and by the authority ol the
same, as folkrvrs ;

1. It shall be lawful for the Glover nor-in- Preparation of
ExecntiTe Committee to esuase to be prepar- Forms.

ed and printed, for the use of the personjs to be

employed in talking the €en»:»^ such

forms and instruetions as he shall deem ne-

eessary ; and the Cokoiial Secretary shall

issue all s^ch forms and instructiong to the

persona for whose use they shall be intended ;

awid all the expenses which shall be incurred Payment of all

by authority of tiiis Act shall be paid by the expensea undeF the

Coloaial Treasui^er on the wfu rants of the '

GFOvemor-in-Execi^ive Committee.

2. It shall be lawful for the Governor to Appointment of
appoint by warrant un^r his hand and seal, Commissioners of
two Commissioners for the City of Bridge- Census.

towB^ two Commissioners for the parish of
Saint Michael and one Comsni^ibnerfor each
of the other parishes, to be called Conamis-
sioners of Census. The Census of Speights-
town shall be taken by the Commissioner for
the parish of Saint Peter.

3. Every parish and town shall be form- Formation of En

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268

LAWSOPBAEBADOS.

iunerators divisions, ed into Enumerators divisions, according to
subject to approval instructions to be prepared under the direc-

f „2^r?S.^«uril' tion of the Governor-in-Executive Commit-
ecutive Committee. . j xl n i • i o x • i. n

tee ; and the Colonial Secretary shall cause

a sufficient number of copies of such instruc-
tions to be sent to every such Commissioner
and the Commissioners with all convenient
speed shall divide the several parishes and
towns into Enumerators divisions, according
to such instructions, and subject in each case
to the approval of the Governor-in-Executive
Committee.
Enumerators lists 4. The several Commissioners shall make
to be prepared by ^^^j return to the Governor-in-Executive
and ap^ed of by Committee a list containing the names and
Governor-in-ExecT^ places of abode of a sufficient number of
tive Committee. persons duly qualified, (according to instruc-
tions to be prepared under the direction of
the Governor-in-Executive Committee,) to
act as enumerators within their several dis-
tricts ; and such persons when approved of
by the Gk)vernor-in-Executive Committee
shall be appointed by him Enumerators for
taking the Census ; and the Commissioners
shall assign a division to each Enumerator,
Distribution of andshall distribute to the several Enume-
^"'^* rators in his district, the forms and instruc-

tions, which shall have been issued for that
purpose by the Govemor-in-Executive Com-
mittee, and shall personally ascertain that
each Enumerator thoroughly imder&tands
the manner in which the duties required of
him are to be performed.

Colonial Secre- 5 xhe Colonial Secretary shall cause a
tary to give notice . ^ . . ^ ^ •'. . ^

of Divisions and notice of the appomtment of such Enume-

Enumerators. rators and the divisions assigned to them

respectively to be inserted in the ** Official

Gazette,*' which shall on simple production

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269

SESSION OF 1889.'90.

in all Courts and in all proceedings before
any Court or Magistrate, be deemed good
and sufficient evidence of the appointment
of such Enumerators respectively and of the
several divisions assigned to them respec-
tively.

6. Schedules shall be prepared under Schedules,
the direction of the Governor- in-Executive
Committee, for the purpose of being filled
up by or on behalf of the several occupiers
of dwelling houses as hereinafter provided
with particulars of the name, sex, age, com-
plexion, rank, profession or occupation, (or
if attending school and how long so attending)
religion, condition as to marriage, relation to
head of family, and birthplace of every liv-
ing person who abode in every house on the
date which shall hereafter be appointed
by the Proclamation of His Excellency the
Governor ; and also whether any were blind
deaf, or dumb, or insane or idiotic or lepers.
And the said Commissioners shall in the Schedules shaUb®
course of the week ending on the day [)re- left at every dwell-
ceding the date so fixed by Proclamation as '^^ ^^'^^•^Jd ^^^
aforesaid cause the Enumerators to leave at ^ "-PPoi^^
every dwelling house vrithin their respective
districts one or more of the said schedules
for the occupier or occupiers thereof, or any
part thereof ; and upon every such schedule Contents of Sche-
shall be plainly expressed that it is to be dules.
filled up by the occupier of such dwelling,
house, Cor whero such dwelling house is let
in different stories or apartments, and occu-
pied distinctly by different persons or fami-
lies by the occupier of each such distinct
story or apartment,) and that the Enumerator
will collect all such schedules within his
division on the day then next following the
date so fixed by Proclamation as aforesaid,

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270

LAWS OF BAEBADO6

and ev^y occupier of every clwelliug house
or of wiy difetinct story or apartmeut in any
dwelling house with or for whom any such
schedule shall have been left as aforesaid,
Occupiere to fiU shall fill up such schedule to the be^ of his
up Schedules. or her knowledge and belief, so far as relates

to all persons dweliinff in the house, story
or apartjuent occupied by him or her and
shall sign his or her name thereunto, and
shall deliver the schedule so filled up or
cause the same to bo delivered to the En-
umerator when required so to do ; and every
p ,. such occupier who shall wilfully refuse or

lect^oTmiking falfe without lawful excuse shall neglect to fill up
returns. the said schedule to the best of his or her

knowledge and belief, or to sign and deliver
the same as herein required, or who shall
wilfully make, sign or deHv^ or cause to be
made, signed and delivered, any tals»e return
of all or any of the matters specified in the
said schedule shall be liable to a penalty
not exceeding five pounds.
Sohednles to be 7. The Enumerators shall vidt every
^5^5*1* ^^A ^^ house in their respective drviaions, and shall
uCt^s "tf c^". c?"«c^ al^ ^ schedules so left within their
plete defective re- divisioi*s from house to house so far as may
turns and copy. be possible on the day then next foUowiK^
the date so fixed by Proclamation as afore-
said and shall compete such of the schedules
as upon delivery thereof to them shall ap-
pear to be defective, and correct such as
they find to be erroneous, and shall copy the
schedule when completed and corrected,
into books to be provided them for ti^t
purpose, and shall add thereimto an account
according to the best information which
they shall be able to obtain of all the oUier
persons li\'ing within their division who shall

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271

SESSION OF J 889-90.

not be included in the Schedules so collected
by then*.

8. In the book in which be shall haVe Betiuma to be
copied the h<wisehoHer's schedules and other *^*<*® ^ . P^^V^:
particnl^ as hereinbefore directed, every ^^^ '^''^^**®^
fkiumerator shall also take an acoount of

the occm^ed houses and of the houses then
building and therefore uninhabited, and also And of houses in
of all other uninhaMted houses within his course of erection,
division, and shall also take an account of
all such particulai-s hereinbefore mention-
ed, and none others, as by the forms and in-
struction which may be issued under this
Act they may be directed to. inquire into,
and shall within fifteen days deliver
such book to the Oommissionei' of the dis-
trict t(^eth«" with i^e householder's sche-
dules collected by him, and shall sign a form Enumerators to
or declaration to the effect that t be said book declare to the faith-
has been truly and faithfully fiDt?(l rp by him, funess of their re-
and that to the best of his knowledge the turns.
same is correct so far as m»y be known ;
which form of declaration ithaU be prtjpared
under the directicai erf the Qovernor*in-Ex-
ecutive Committee and issued by the
Colonial Secretary with the forms and in-
structions aforesaid.

9. The Commissioners to whom such Commissioners to
Enumeration books shall be delivered, shall satisfy themselves
examine the same and i^ll satisfy them- that the Enumera-
selves that the instructions in each case ^^^ ^^^e made
have been punctually fulfilled, and if not acc^^fte returns

1^11 J / • • iv and trangmit them

shall cause any defect or inaccuraey m the within 15 days to
said book to be supplied so far as may Colonial Secretary,
be possible, and when the book shall
have been made as accurate as possible, the
Commissioners shall within fifteen days after
the latest of such returns shall have been
delivered to them res|)ectively transmit the

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672

LAWS OF BARBADOS

same together with the original returns to
the Colonial Secretary at his office.
Govemor-in-Exe- 10. It shall be lawful for the Governor-
cutive-Committee iu-Executive Committee to appoint some fit
J^rs^^TattenTtS f "d proyer person a« Compiler of the Census
the prehminary ar- ^ attend to the prehmmary arrangements
rangements. and distribution of the forms, and afterwards

to prepare from the returns such abstract or
abstracts and in such form as shall be pre-
scribed by the Governor-in-Executive Com-
mittee for the information of Her Majesty's
Abstracts to be Government ; and such abstract or abstracts
laid before the Leg- gij^U be furnished and laid before the Leg-
is a ure. islative Council and the General Assembly
within six months next after the date fixed by
Proclamation for taking the Census, and the
Payment of ser- person so to be appointed shall be paid on war
vices of such person, rant of the Govemor-in-Executive Committee
such sum of money from the public trea-
sury of the Island for his services therein
as the Governor-in-Executive Committee
may think fit to award, not exceeding the
sum of one hundred pounds together with
a sum not exceeding the sum of one hun-
dred and fifty pounds for clerical assis-
tance in preparing such abstract or abstracts.
Enumerators of n. The Governor or keeper of every

rM^ititTons*" Sao^' P™^^' or place of confinement, and the

supenntendent or master or mistress of
every hospital, asylum, boarding school, or
other public- or charitable institution and
the Sergeant or person in charge of every
police station within this Island, shall be
the Enumerator of the inmates thereof, and
shall be bound to conform to such instruc-
tions as shall be sent to him or her by the
authority of the Governor-in-Executive Com-
mittee for obtaining the return required by

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273

SESSION OF 1889-90.

this Act so far as may be practicable"]^ with
respect to such inmates.

12. The Inspector General of Police and Houseless person

Harbour Master respectively shall obtain ^'^P^^^^^*^*^*^'

r i.1- L' \ • J I- i.1-- and travellers du-

returns of the particulars required by this ^jn^ ^^^^ night

Act with respect to all houseless person or before the appoint-
persons afloat and all persons who during ed day.
the night, the date of which shall be fixed
by Proclamation as aforesaid, were travell-
ing or on shipboard, or from any other rea-
son were not abiding in any house, of which
an account is to be returned to the Commis-
sioners of the seveml Districts who shall
forward the same with their other returns to
the Colonial Secretary.

13. Each Commissioner shall be paid Payment of Corn-
ten pounds, provided always that if the Com naissionera.
missioners districts shall contain more than

five thousand inhabitants, he shall be en-
titled to an additional fee of five shillings
for every one thousand persons or any fract-
ional part of one thousand persons duly en- Payment of En-
umerated above five thousand, and each En- umerators on pr-i-
umerator employed under this Act shall be duction of a certifl-
paid one penny for each person returned by ^^ ^'^^ Commit-
such Enumerator ; such moneys to be paid out ^^^^^^^•
of the public treasury, on warrant of the
Governor ; Provided always that no such
Enumerator shall be entitled to payment
for his services until he produce a certificate
of approval of the manner in which his
duty has been discharged, and of the num-
ber of persons actually returned by him,
and of the amount to which he may be
thereon entitled, under the hand of the
Commissioner for the parish or town in
which he ha=? acted.

14 In order to enable the Commis- Authority to
sipners and Enumerators more elFectuallv to Comniissionere and

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LAWS OF BAKBADOS

Snomeraton to ask carry out the intentions and provisions d
questions. this Act, they and each of them are hereby

authorized to ask of any person presizmed
capable of affording the information required
all such questions as may be necessary
for obtaining the returns required by this
Penalty on refu- Act. and every such person so questioned as
sing to answer or on aforesaid refusing to answer or wilfully giv-
making false an- [j^^ g^ f^i^Q answer to any question or ques-
*^^™ tions put, shall on conviction for such refu-

sal or false answer, forfeit and pay a sum
not exceeding five pounds.
Managers to as- 1^- ^^^ Manager or person in charge of
sist Enumerators to any Estate in this Island whereon ki^urers,
procure information artificers or other persons shall reside, shall,
under a penalty. ^}ien reqiured so to do by any Ehiumecator
afford to such Enumerator all assistance in
his power with respect to the information
required by this Act, to be procured con-
cerning such persons, and any Manager or
other persons refusing or neglecting to afibrd
such assistance when applied to» shall in the
absence of any satisfactory excuse, be lidble
on conviction to a penalty not exceeding five
pounds^ ' '
Police and other ^^* ^^^ police officers and constables
Constables to assist shall, on being required by such Enumera-
Enumerators tors as aforesaid, afford all asfidstance in

their power for carrying into effect the pro
visions of this Act under a penalty in each
case, of refusal or neglect thereof, on convic-
tion, of a sum not exceeding five pounds.
Penalty on Com- 1-7. If any Commissioner or EoUme-
missioners or En- y^toT duly appointed according to the pro-
te"7X'. o°rXw: vi^ns of this Act. shall refuse or neglect to
ing ^alse entries. perform any of the duties required of him
by this Act, or shall make or knowingly
suffer any other person ta make a false «ntry
on any return, or shall make any other r^-

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275

SESSION OF 1889.*90.

turn than such as he ought to make from
the information actually received by him,
such Commissioner or Enumerator shall for
every such offence be Kable on conviction to
a penalty not exceeding twenty pounds.

18. All complaints arising from mat- How complaints
ters included in or coming under the prpvi- ^^^ ^^^^ ^<^* *'*
sions of this Act, may be brought by any ^ "^
police officer and determined by any Police
Magistrate, and in ease s»ich Police Magistrate
is a Commissioner, then by a Police Mag-
istrate of an adjoining disfaict, not being
a Commissioner undei* this Act.

19.. The fines and penalties imposed by Becovery and ap-
this Act shall be to Her Majesty, her heirs propriation of fines
^and successors ; and shall be recovered, levi- *^^ penalties,
©d and raised before a Police Magistrate on
the complaint of any person as in the case of
servanibs wages, and paid into the , public
* treasury for the use of th*» Island.

: 20. In the construction of this Act the Construction of
words, ^'dwelling house," shall include all the words " dweU-
' building and tenements cf which the whole i^fiT bouse,
or any part shaU be used iiv the purpose of
human halAtatlon.

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LAWS OF BARBADOS

CAP. XLVni.

Assented to 20th August 1890.

BARBADOS.

An Act to exempt all machinery and apparattis
imported as well by ArthurStephen Flews,
Esquire, of England,carrying on business
in the City of Bridgetown in this Island
under the style or firm of *' Geo, Whit-
field S Co,** as by any other persons for
use in the construction and establishment
of ice 7nanufa>ctories from the payment
of all duties and imposts of every hind,

WHEREAS John Hemy Austin Taylor
of the parish of Saint Michael, in
this Island, E««quire, one of the constituted
Attorneys on record in thi^ Island of the
said Arthur Stephen Plews, carrying on
business as aforesaid, has presented his
humble petition to the Legislature, stating
that the said Arthur Stephen Plews is desi-
rous of establishing a manufactory for the
making of ice in this Island, and praying
for the reasons set forth in such petition
that all the machinery and apparatus from
time to time to be imported by the said firm
of Geo. Whitfield and Co., for use in the
construction and establishment of the pro-
posed manufactory shall be exempted from
all duties and imposts of every kind ; And
Whereas it is deemed expedient to allow
not only all such machinery and apparatus
so to be imported by him for the purpose
aforesaid to be exempt from the payment of
all duties and imposts, but also all machi-
nery and apparatus to be imported by other
persons for the same purpose ; Be it there-
fore enacted by the Governor, Council, and

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277

SESSION OF 1889-90.

Assembly of this Island and by the authority
of the same, as follows ;

1. All machinery and apparatus from ^^^i^^^ ^^ ^
time to time imported into this Island be used in Ice Fac-
to be used m the construction and establish- toiies exempted
raent of ice factories and for the manufac- from duty,
ture of ice shall be exempted from the pay-
ment of all duties and imposts of every kind.

CAP. XLIX.

(Assented to 6th September ^ 1890.)

BAEBADOS

An Act to consolidate and amend the Acts
of this Island relating to Savings Banks.

BE it enacted by the Governor, Council,
and Assembly of this Island and by
the authority of the same, as follows ;

1. This Act may be cited as "The Savings Short title.
Bank Act, 1890."

2. In this Act unless the context other- ^ Interpretation

Section,
wise requires ;

The expression, ** The Savings Bank "
means the Principal Institution established
in the City of Bridgetown.

The expression " District Savings Bank"
means any branch of the Savings Bank,
established or intended to be established un-
der the provisions of this Act.

The expression, **The Actuary," means
the person for the time being Actuary
and Secretary of the Savings Bank, or -
his lawful deputy.

3. The Savings Bank established in the Management,
City of Bridgetown in this Island, for the

savings of the labouring and industrial
classes, and for the funds belonging to

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278

LAWS OPBAEBADOS.

charitable and other societies in this Island
shall be under the mahagemebt of ten -fit
and proper persons of whom four shall be
ex-officio managers, as hereinafter provided,
and six shall be ordinary managers, appoint-
ed from time to time as vacancies shall occur,
by the Govemor-in-Executire Committee.
Ex Ofllcio Man- 4. The Colonial Secretary, the Attorney
agers. General, the Solicitor General, and the

Colonial Treasurer for the time being, or
the persons acting as such, shall be and
they are hereby appointed ex-officio mana-
gers of the said bank for the purposes here-
inafter mentioned.

Official manager ^- The ex officio managers are hereby re-

to meet once aquar- quired to meet once in every three months

ter. to inspect the general affairs of the bank

and shall perform such other duties as are

hereinafter required of them.

6. One of the ordinary managers shall
attend on each day the bank is opened, and
shall receive, as a remuneration for his
services ten shillings for each day's attend-
ance, to be paid from the surplus funda of
the institution, and the ex officio managers
are hereby authorized to allow the same.

7. It shall be lawful for the Governor,
whenever a vacancy shall occur, to nominate
and appoint from time to time some fit and
proper person to be the actuary and secre-
tary of the said bank, who, before assuming
the duties thereof, shall enter into a bond
to our Sovereign Lady the Queen, her heirs
and successors, in the sum of two hundred
pounds, and two securities, each in the sum
of one hundred pounds, for the due and
faithful discharge of the duties of his office
as such actuary and secretary and for the

Attendance of or-
dinary managers.

Appointment
Actuary.

Bond.

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SESSION OF 1889-90.

due and faithful accoTinting for all moneys

wjbdcb may come to his hands under the

authority of this Act. ,

; 8. The: actuary and secretary of the Savr Remuneration of

ings Bank shall receive from the surplus Actuary to be paid

funds of the Savings Bank the annual salary J^^^ fH |«T>1«8
jj,, -ij-i^ J* 1 xi_i lunds 01 the Savinffs

of three hundred pounds m equal monthly Bank.

payments, which sum the ex-officio managers
are hereby authorized to allow in their in-
spection of the accounts of the Savings
Bank ; provided always that this section Saving of right of
shall not affect the right of the present the present Actuary
actuary and secretary of the Savings Bank to Buperannualion
to continue to contribute to the siiperannu- ^^^^^ances.
ation fund ; provided also, that although
the pavings Bank may be opened for every
day in the week or the business thereof may
be extended, the actuary shall not receive
any further or g-eater salary on account
thereof.

9, The Governor may, from tin;e to time, Appointment and
Wnen he shall see fit, appomt a clerk at a salaries of Clerks in
«alary of seventy five pounds per annum, to Savings Bank,
assist the actuary, in the performaaice of his
•duties, and another clerk for the same j)ur-
pofie, at a; salary of fifty pounds per annum.
These sums shall be paid monthly from the
suridus: funds of the Savings Bank and the
^x officio manager are hereby authorized
to allow the same in their inspection of the
accounts of the Savings Bank.

;.10.. (The ex-officio managers of the Sav- The giving of a
ings Bank may in every half year ^ive to the bonus in every lialf
Actuary and SecreUry and to ^ach of the ^^^ ^^^leJ^s of^^
clerks out of the profits of the Bank gained savings. Pank out
in the then last preceding half year such of the profits of the
bonus npt ^x^jeecUng fifty pounjis .. to the preceding half year
Actuary and Secretary, and twelve pounds *^*^^"3®<^
ten shillings to each of the clerks as the ex-

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280

LAWS OF BARBADOS

officio manaf^ers may deem fit : provided
always that if the whole of the abovenamed
sums are not given as bonuses, then the
• sums given respectively to the Actuaiy and

Secretary and to each of the clerks shall
bear the same ratio to each other that the
abovenamed sums bear to each other.
Any deficiency in 11. If in any half year or half years the
any half year's bo- ex officio managers owing solely to the
nu8 may be mado profits of the Bank for the preceding half
h^lf^ * J^'^^^^ent y^a^y y^i^^ insufficient, are unable to give
a year. ^^^ whole of the above mentioned sums

as bonuses, they may in any subsequent
half year, if they deem fit to do so and
the profits of the Bank for the then last pre-
ceding half year admit of it, give to the
Actuary and Secretary and to each of the
clerks the whole or any part of such sum
as with the bonuses previously received by
him equals in the <'ase of each individual
the total amount which he would up to that
date have received if the largest bonus
authorised by section ten of this Act had in
every preceding half year been paid to him
Date of commence- 12. The two preceding sections of this Act
ment of two preced- shall take effect as if enacted on the first day
ing sections. of January one thousand eight hundred and

eighty nine, and the Act of the tenth day of
November one thousand eight hundred and
eighty eight, entitled, An Act to amend
" The Savings Bank Act, 1883,'* shall be
deemed to have been repealed on that date.
Days and hours of l^. The bank shall be opened on such
bosiness to be fixed days and between such hours as may be
by Governor-in-Ex- named from time to time in any rule to be
eoutive Committee ^nade as hereinafter mentioned for that pur-
pose by the Gk)vemor-in-Executive Commit-
tee for the receipts and payment of deposit,
and on such occasions the actuary and

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281

SESSION OF 1889-'90.

secretary or person at^tinj^ as such shall bo Actuary to attend
present, and one of the ordinary mana;^ers ^^ ^^^ occasions
of the day, to superintend the ' working of ^^^'^ ^^^^ ^' ^P^°-
the bank.

14 The actuary and secretary shall Not,ce to ordinary
give due notice to the ordinary managers managers when to
of the day on which according to the rota- attend,
tion they ought respectively to be in at-
tendance.

15. The actuary and secretary shall Deposits by indi-
receive all deposits which shall be made by visuals, trustee^or
individuals, trustees, treasurers of any char- tableYnsUtutions'or
itable institutions, or oi any charitable bequests,
donation or bequest for the maintenance,

education, or l)enefit of the poor, or any
friendly society, in any sum not less than Limit to amount
one shilling from any one person, under of deposits,
such conditions as are or shall be especially
provided for that purpose by the G-overnor-
in-Executive Committee ; Provided it shall
not be lawful for the said secretary or actua-
ry to receive any sum or sums of money from
any individual, trustee, treasurer, friendly
or other charitable society, exceeding the
sum of three hundred pounds, principal and
interest included, nor to pay any interest
on the same, when such sum or sums shall
hereafter amount to or continue at ihe said
sum of three hundred pounds and upwards.

16. Interest shall Ije allowed on any interest.
complete pound deposited, at the rate of

three pounds per cent, pir annum, and shall
be computed from the first diy of the
calendar month next following the day on
which a complete pound shall have been
deposited, or on which deposits of a less
amount shall have been mdde a complete
pound up to the last day oi the calendar
month previous to the day on which money 3

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282

LAWS OFBARBADOS

are withdrawn ; no interest shall be calcu-
lated under a half-penny.
Repayment of de- 17 The Colonial Government hereby
™n?rd iy Gov- g^arant^es to all persons who have deposit-
eminent. ®^ ^^ ^^J deposit money in the Savings

Bank the repayment, in accordance with
the provisions of this Act of all money so
deposited, and also the payment in accord-
ance with this Act of the interest on the
sums deposited.
Withdrawal of 18. Deposits not exceeding one pound
deposits. i^^y ]yQ withdrawn on a week's notice : if

exceeding one pound and not exceeding five
pounds at a month's notice ; and exceeding
five pounds at three months' notice ; Pro-
vided always that it shall be lawful for such
notice to be dispensed with and the amount
forthwith paid in any case in which the
manager in attendance when any applica-
tion is made, shall think proper.
Deposits to be 19. It shall be lawful for the managers
Bank'""^ ^^^^''^"'Uf the Savings Bank to deposit all moneys
received by them in the Colonial Bank in
the name of the Savings Bank, such
deposits to be drawn out only by checks
Checks 'to be signed by two of the managers and the
signed by managers actuary; Provided nevertheless that it shall
and Actuary, be lawful for the managers to keep in the

iron chest of the Savings Bank such sum as
they may deem necessary for the ordinary
payments.
The amount that 20. The ex officio managers of the Savings
maybe kept at Bank may keep on deposit receipt in the Go lo-
deposit or current ^ial Bank such sums as they may think fit
account at Colonial . jj»i.- a i i. r xi/ i

y^j^^ m addition to any sum kept for the general

purposes of the Savings Bank on current
account ; and all sums not so kept by them
on deposit receipt or current account and

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283

SESSION OF 1889-90.

not kept for the ordinary payments shall Investments of
from time to time be placed by them at in- residue with sane-
, , , -xj- u tion of Governor-in-

terest on such security and m such manner Executive Commit-
as to thorn shall s^em best with the sanction tee.
and approval of the Governor-in-Executive
Committee.

21 At the end of each quarter, the cash in ca^T^Aidirto be"
hand and account with the Colonial Bank published,
shall be examined by the Auditor General
and a certificate thereof signed by the Audi-
tor General verifying the account, shall be
published in the 'Official Gazette', together
with a general summary of the business of
tJie Bank for the same period.

22. Should any depositor having money in . ^ntexest to cease
the Savings Bank take no transaction therein '° ^^^^^^ cases,
for the space of seven years, all interest

shall cease on the said deposit.

23. In case any depositor, or any person for ^ deposit^ not ex-
"^uTi '''J''' whose benefit, any moneys ^^^^^^^f f/^'^^^^^^
shall have been deposited in the name of a or a cestuique trust
trustee, shall die intestate, leaving a sum intestate, shall be
of money on deposit, not exceeding twenty- pai<l by the ex officio
five pounds, exclusive of interest, it shall be managert or trustf e
lawful for the ex officio managers of the Bank, ^^J^^f kin orThe^ir
or for the trustee in whose name any such guardian of such
money may have been deposited, (as the case intestate.

may be) to pay over such money to the
widow, if any, or if there be no widow then
to the next of kin of such intestate, or should
such next of kin be under age to his or their
legally appointed guardian, and the receipt
of such widower next of kin, or guardian,
shall be a sufficient discharge for the pay-
ment of such moneys.

24. For the purposes of intestacy under , ^^^^ ^^^^ .^^^
,, J. ^ . ^ i_ J. XT- /« 1 • 1 deemed sufficient
the preceding section a search at the Colonial pyQ^f ^f intestacy

Secretary's Office, and no will or testamen- under last section.

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284

LAWSOPBAEBADOS.

tary paper being found on record there at
the day prior to such payment, shall be
deemed sufficient.
Disposal of de- 25. If any depositor being illegitimate die

S^tlli H^fn? ?n^ intestate, leaving any person who, but for the
rlepositor dying in- .,,..' « ° , S^ .. ' ^ , ,

tostate. illegitimacy of such depositor, or of such de-

positor and of such person would be en-
titled to the money due to such deceased de-
positor, it shall be lawful for the managers of
the Bank with the authority in writing of the
Attorney General, or person acting as Attor-
ney General of this Island for the time being,
to i)ay the money due to such deceased de-
positor to the persons who in his opinion
would have been entitled to the same accord-
ing to the Statute of Distributions, as if the
said depositor and such person had been le-
gitimate.
u!*l?^^**^^' residing 26. Moneys may be paid to the represen-
tive of any dcj^ositor residing abroad under
a power of attorney, executed in the presence
of some recognized public officer of the dis-
trict where the depositor resides, or proved
in the usual way in this Island ; such power
of attorney to be recorded in the Secretary's
office or to be left with the actuary of the
Savings Bank.
-^'^^"^ dr w^"out ^^* Theex-officio managers for the time
bdms ^invested and ^^^"S ^^^^^ Bank shall have power to draw out
^M^n securities. ^^nd receive any sums of money which may
have been invested for the uses of the Bank,
or to assign and transfer any securities for
money taken in their names or in the names
of their i)redecessors in office, or in the
names of any other persons for the purposes
of the Bank ; and it shall not be necessary
for any ex-officio manager who may have re-
tired from office, or for the personal repre-

fkbioad.

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SESSION OF 1889-90.

sentative of any such deceased manager, or
of such other person as aforesaid, to join in
any draft, receipt, assignment or transfer,
which may be made by the ex-oflBcio manag-
ers for the time being for the purpose of
raising riioney for the uses of the Bank
and in all actions suits or other proceedings
the ex officio managers for the time being
of. the Bank shall be described not by name
but simply by the term **The Ex Officio
Managers of the Barbados Savings Bank,"
and such actions suits and other proceedings
shall not be in any way affected by any change
in the persons for the time being constitut-
ing the ex officio managers of the Savings
Bank, but shall be continued and carried on
to completion in all respects as if no such
change had occurred,

28. If at any time money ^.hall be re- In certain casea
quired for the purposes of the Bank, before Governor-in-Com-
it can be called in and received or raised {"e*^%r?raur^^*to "^^
by transfer of the securities on which the J^^g advances,
same may be invested, or if from any other
cause it becomes necessary for the Colonial
Government to fulfil the guarantee given
by section seventeen of this Act, the
ex officio managers of the Bank shall report
the same to the Govemor-in-Executive Com-
mittee, and the Governor-in-Executive Com-
mittee shall, if such money is required for the
payment of any deposit or interest thereon
in accordance with this Act, authorise the
Colonial Treasurer tcr make advances to the
ex officio Managers of such sums of money
as may be required for that purpose and
the ex officio managers shall deposit with
the Colonial Treasurer the securities held
by them for such sum or sums of money as
together equal the whole amount so advanc-

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LAWS OF BARBADOS

ed, And such secunties aball be and stand
eWged with the repayment of such advances
to the public treasury.
Full description 29. No sum shall be paid or subscribed into
of depositor's call- the Bank by any person by ticket or number
*^^' or otherwise without disdosing his name, to-

gether Mrith his profession^ business, occupa-
tion or calling, and residence, to the secretary
and actuary or a manager of the Bank, and
in the case of sums deposited in his name as
trustee for some other person without satis-
fying the Secretary and Actuary of the ex-
istence of such person and stating his or her
name, occupation, and residence, of all which
due entry shall be made in the hooks of the
Bank.
Signature of de- 30. Every depositor in theBank shall on his
P^^^^*^- first deposit sign a book containing the rules

and regulations of the Bank, together with
a declaration ol his consent thereto, which
signature shall be attested by the manager.
Deposits to be re- 31. All deposits shall be entered in a book
corded uvhen made; of the Bank at the. time when they aie made,
t?di****ito?^ ^^^^ and the depositor shall receive a book with
eposi r. a correspondirg entry therein of his account

signed by a manager and by the actuary,
which duplicate account book must be
produced at the bank whenever any further
sum is deported or any sum withdrawn.
Beceipt of Treasu- ^^' "^^^ receipt or discharge of l^e treasu-
rer of any Friendly rer, trustee^ or other officer, for the lime being
Society. of any friendly society, for any money paid

according to the requisition of such trea-
surer, trustee, or other officer apparently
authorized to require such payment, dballbe
a sufficient discharge for the same, and the
managers and trustees of the savings bank
shall not be responsible for any misapplica-

Digitized by VjOOQIC

287

SESSION OF 1889-*90,

tion of any such money by the person or
persons to whom the same shall be so paid,
or for any want of iauthority of the person
or persons requiring or receiving such pay-
ment.

33. When deposits shall be made by a Beoeipts for de-
trustee or trustees on behalf of another per- posits by trustees,
son or persons the receipt and receipts of such

trustee or trustees or the survivor of them,
or the executors or administrators of any
sole trustee or surviving trustee, with or
without the receipt of the person or persons
on whose account such sum of money may
have been deposited, shall be a good and
valid discharge to the trustees and managers
of the savings bank.

34. Should anytrustee die or become insane Disposal of de-
oi imbecile, and probate of his will or letters posit in event of
of administration of his estate and effects in trustee dying. &c.
case of death, be not produced to the mana-
ger of the bank, or notice in writing of

such administration or will, be not j^iven
within three months after the death of such
trustee or trustees, or should a trustee
leave the Island without leaving a legal re-
presentative, then the said managers may
pay any sum of money deposited by such
trustee or trustees, to the person on whose
account such sum shall be deposited, on
proof of the death or absence as aforesaid from
the Island of such trustee, and the identifica-
tion of the party claiming ; and in the case of
insanity or imbecility, on proof thereof
to the satisfaction of the said managers,
i n each or either of which cases the receipt
of the said claimant shall be a valid dis-
charge to the manager; provided that no
payment shall be made to any party claim-
ing before he or she shall attain the age of

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288

LAWS OF BARBADOS

fourteen years, but in such cases the interest
may be paid to the parent or guardian of
such child i^util it shall have arrived at the
said age.
Married woman 35. A married woman may be paid any sum
having deposits be- of money deposited by her before or after
lx)re or after marri. jjjg^j^ig^g^^ ^^^^^ the husband of such
*^ ' married woman shall give to the managers

of the bank notice in writing of his marriage
and shall require payment to be made to
himself ; if such notice be given then such
money shall be paid to such married woman
only on proof that she is entitled to receive
it.
Depositor becom- ^^- ^" ^^^® ^^7 depositor in the bank shall
ing insane or other- become insane or otherwise incapacitated to
wise incapacitated act whether from illness or any other causa
by infirmity. ^nd the same shall be proved to the satis-

faction of the manager in attendance by the
certificate of a medical attendant in case of
insanity, or by the certificate of a medical
attendant or otherwise, in cases of illness
or other bodily infirmity, and if the ex officio
managers shall be satisfied of the necessi-
ty of the case, they may authorize and
allow the payment out of the deposits of
any such person of such weekly sums for
his care, maintenance, medical attendance
and otherwise, as they shall think fair
and reasonable, and the urgency of the
case shall require : all which weekly or other
payments shall be made on the receipt of
the party to whom such payment shall have
been directed to be made by such managers
and every such receipt shall be a valid dis-
charge to the bank.
P t t b ^'^' Except as hereinbefore provided money

maiS^'to'^depoaitor deposited in the bank shall not be repaid
personally or to unless to the depositor personally, or to the

Digitized by VjOOQIC

289

SESSION OF 1889-90.

bearer of a power of attorney, signed by bearer of a power
the depositor and witnessed by a manager or ^^ attorney,
by a minister, or churchwarden (»f the par-
ish wherein the depositor resides according
to a form to be obtained at the bank.

38. Minors may deposit money in the bank Miners
in their own names, and withdraw the

same together with any interest that may
accrue thereon.

39. The managers of the bank may refuse Power to refuse
to receive deposits, and may return deposits ^^P^^^it.

if they see fit.

40. Interest shaU be made up haK-yearly nJde^^r^ half. ^ ear-
to the thirtieth day of June, and the thirty- jy ^^d w-edite?
first day of December in every year, and

shall be duly credited to the depositors,
and at the end of each year a full and com-
plete statement of the transactions of the
bank shaU be laid by the ex officio managers
before the Governor, Council, and General
Assembly of this Island, and published in
the 'Official Gazette*

41 . It shaU be lawful for the Governor-in- ^2!®'""^!''"'^^°"
Executive Committee from time to time to ^\eg^ "^*^^
make proper rules and regulations for carry-
ing on the business of the bank, and to alter

amend or add thereto as to him may seem

fit ; and the same shall at the end of one

month after publication thereof in the Publication thereof

'Official Gazette* be binding on all parties ;

Provided such rules and regulations be not

repugnant to the provisions of this A-ct

Provided also that the present rules except

such as are specially amended by this Act

shall continue in force until the new rules

shall come into operation.

42. No manager or trustee of the bank shall Liability of mana-
be liable to make good any deficiency which gers and trustees.

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290

LAWS OP BARBADOS.

may arise io the funds of the bank, unless
it shall happen by his wilful neglect or de-
fault ; but the trustees and managers shaU
be personally responsible and liable for all
moneys actually received by them on ac-
count of or to and for the use of the bank,
and not paid over or disposed of in the
manner directed by this Act, and of the
rules and regulations to be made in pur-
suance thereof.
Disputes between 43. Any matter in dispute between the
bank and depositor bank or any person acting under the same,
may be settled by qj^^ ^^^j depositor or person claiming under
arbitration. j^-^ ^^^^^ ^^ referred to the arbitration of

two persons, one to be chosen by the man-
agers of the bank and the other by the de-
positor or person claiming under him ; and
Arbitrators dis- in case the arbitrators shall not agree,
agreeing, umpire to then the matter in dispute shall be referred
be chosen, whose ^^ ^^^^ ^^j^^^, person to be chosen by the
decision snalJ be i •. x ±^ • j j.u j • •

gjj^j arbitrators as the umpire, and the decision

and award of such arbitrators or of such
umpire, as the case may be, shall be binding
on all parties concerned to all intents and
purposes whatsoever.
Governor-in-Com- 44. The Go vemor-in-Executive Committee
mittee may estab- may from time to time by order in Committee
lish District Sav- ^^ i,q published three times in the "Official
ings Banks. Gazette," declare that a branch of the Sav-

ings Bank shall be opened at any of the
Police Magistrates offices, except those sit-
uated in Bridgetown, or at such other
place or places as the Govemor-in-Execu-
tive Committee may, from time to time
think proper, and on the third publication
of such order, a District Savings Bank shall
be deemed to be established at the place
and under the name mentioned in such
order.

Digitized by VjOOQIC

291
SESSION OF 1889-90.

45. The provisions of this Act relating to
the principles and methods of conducting
the business of the Savings Bank shall, so
far as they are not inconsistent with or in-
applicable, be deemed and taken to apply to
the conduct of the business of the District
Savings Banks, established or intended to
be established by this Act.

46. For each District Savings Bank there Local managers
shall be not less than four or more than six of Distriat Savings
managers to be appointed by the G-overnor, Bank.

of whom one shall be a Police Magistiute
or other officer in the public service, who
shall be called the local official manager,
and the others shall be called local ordi-
nary managers. The local official mana-
ger, or in his unavoidable absence some
person deputed in his stead, by writing un-
der the hand of the chairman of the ex-
officio managers, shall attend on every day
that the District Savings Bank is opened
for business, and the local ordinary mana-
gers shall attend in rotation, one on each
day. For each day's attendance each
manager shall receive such sum not ex-
ceeding ten shillings, as may from time
to time be fixed by the Governor-in-Ex-
ecutive Committee, and all sums so allowed
shall be paid from the surplus funds of
the Savings Bank.

47. On appointment to his office each local Local official
official manager shall enter into a bond to Manager to give
Her Majesty the Queen her heirs and sue- bond with sureties.
eessors, in the sum of one hundred pounds,

with two sureties in the sum of fifty pounds
each, for the due and faithful dis-
charge of the duties of his office, and for
the due and faithful accounting for all
moneys which may come to his hands in the
performance of his duties.

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292

LAWS OF BAEBADOS

48. The local official manager shall give

Notice in writing d^© notice in writing to the local ordin-

to be given to local ary managers of the disty on which, a2Cord-

ordinary manager ing to the rotation they ought respectively

of his day of attend- to be in attendance.

***^®* 49. The ex-officio managers shall have the

Ex Officio Mana- general control and direction of the businesa

gers of the Savings ^f ^lie District Savings Banks, and of the

SatTon^s f^the^^»P?<^*^^^ managers thereof, and they are

government of the hereby empowered from time to tune to

district Savings make regulations as they shall think fit for

Bank. the conduct of the bwsiness of the District

Savings Banks, and amongst other things

as to them shall seem fit to provide for ; the

regulations shall provide for the following

matters;

(1.) The days in each week, and the
hours in each such day dnring which the
several District Savings Banks shall be open
ed for business.

(2.) The conditions under which a de-
positor in a District Savings Bank may de-
posit or draw money at the principal Sav-
ings Bank, and vice versa.

(8.) The mode of transmitting books,
papers, and money between the District
Savings Banks and the principal Savings
Bank.

(4.) The due inspection of the accounts
of the District Savings Banks.

(5.) The safe custody of books, papers,
and money of the District Savings Banks.
Regulations when ^0. The ex-officio managers may, from
made to be publish- time to time, alter, amend, add to, or annul
ed in the " Official any such regulations, and all regulations
Gazette whether original or otherwise, shaU be sub-

mitted to the Governor-in-Executive Com-
mittee for approval, and when approved,
shall be published three times in the **Offici-

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293

SESSION OF 1889-'90.

al Gazette," and thereafter shall have the
force of law.

51. So fai' as is practicable, and subject to pities of the Ac-
the directions of the ex-officio Managers, tuary and the An-
the Actuajy and the Auditor General shall ditor-General in re-
perform the like duties in respect of the spect of the Die-
accounts of the District Savings Banks as *^"«* Savings Bank,
are required of them respectively in respect

of the Principal Savings Bank, and the
quarterly and yearly statements shall be
drawn up so as to show the business done
at the District Sayings. Banks.

Mepecd

52. The Acts mentioned in the schedule to
this Act annexed are hereby repealed ; pro-
vided that this repeal shall not affect ;

1. The past operation of the enactments

hereby repealed nor anything done or
suffered under the enactments hereby
repealed ; or

2. any right, privilege, obligation, or liabil-

ity acquired, accrued, or incurred
under the enactments hereby repeal-
ed; or

3. aay penalty, foifeiture, or punishment

incurred in respect of any offence
committed against the enactments
hereby repealed; or

4. any investigation, legal proceeding or

remedy in respect of any such right
privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed ; or

5. any act in which the enactments here-

by repealed have been applied, incor-
porated or referred to.

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294
LAWS OF BARBADOS

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Digitized by VjOOQIC

SESSION OF 1889*90,

CAP. L.

(Assented to 6th Sejptember, 1890.)
BAKBADOS.
An Act to consolidate and amend the Acts

of this Island y relating to the auditing

and inspection of the jpvhlic accounts,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same as foUows :

1. This Act may be cited for all puq^oses ^\^ort title
as "The Audit Office Act, 1890."

2. (1.) The Auditor General's Depart- ^^^^^ ^^ ^^
ment shall consist of the following omcers at Auditor General's
the respective salaries affixed thereto ; Departuient and

An Auditor General, at .£600 per annum, their salaries.

A Chief Clerk, at ,£250

A Second Clerk. at ,£150

A Third Clerk, at £100

A Fourth Clerk, at <£ 75

A Fifth Clerk at £ 60

A Messenger, at dC 20 „

The foregoing salaries shall be paid month-
ly from the public treasury on the warrant
of the Govemor-in-Executive Committee.

(2.) The officers of the Auditor General's . . ,
Department shall, from time to time be ap- the officew^ of De-
pointed by the Governor, and they shall not partm^nt.
be engaged or concerned in ti*ade or other
business, or in the exercise of any other oc-
cupation, calling, or profession or hold any
other office or appointment, or be interested
in any contract, bargain, or engagement for
the public service.

(3.) The Q^vernor-in-Executive Commit- Governor in Com.
tee may, from time to time, appoint the»^<5t«e may make
hours of attendance of the several officers of regulations respect-
the Auditor Generates Department ; and may ^"g*l^«I>ei«^^ent,

Digitized by VjOOQIC

296

LAWS OF BARBADOS

also, from time to time, make regulations in

relation to the performance of the duties of

the office.

Officers of the De- (4.) No officer of the Auditor General's

partment to be ex- Department shall be liable to serve on any

empt from services j my ^p inquest, or on any appraisement

^ of property.

Office to be pro- 3. The Auditor GeneraFs Department
vided for the De- shall be provided with an office free of
partment. charge, in the Public Buildings.

Auditor to ex- 4. It shall be the duty of the Auditor Gene-
amine all accotmtrt jaj to examine and ascertain the accuracy and

and^ to* sM^^'that ^^^^®^^^®^^ ^^ ^^^ accounts and charges
they have been le- ^g^'inst the public before the same shall be
gaily sanctioned. presented for payment : And the better tx)
enable him to perform this duty he shall be
furnished with copies of all Acts and Besolu-
tions passed by the Legislature for grants of
money to be expended for the public service ;
and also with copies of all contracts entered
into for the performance of any public work
or undertaking, and for the supply of
materials or other things required for the
public service ; and he shall see that the ex-
penditure under stich Acts, Resolutions, 6t
contracts is not suffered to be in excess of
the sums therein mentioned until legal
provision be made in relation thereto.
All parties having? 5. All persons having claims a^inst the
claims against the public for work or services, except in case of
pubUc to deliver salaries, and allowances of the nature of
^®^ dito^\ ^ salaries specially provided for by stattite, or
to^xamine'and cer! ^^^ materials or supplies of what kind soever,
tify them. shall make out fair and partictilar accounts

thereof and deliver the same with all
necessary vouchers to the Auditor General
for examination, whose duty it shall be
to see that all such as come within con-
tracts are in strict agreement with the

Digitized by VjOOQIC

i9l

SESSION OF 1889-'90,

tertns of such contracts, and that the charges
in respect of all others are reasonable and
proper ; and when any such account shall
have been examined and found correct, or
such proper alterations and corrections made
therein as shall be requisite, shall be certified
b}' the Auditor General for payment.

6. It shall not be lawful for the Execu- Executive Com-
tive Committee to pass any accounts for"*i**^®® ^^^ *o pas»
payment unless such accounts shall have ^.^J^'^^^ ^^|«
first been examined by the Auditor General, ^^(itor. ^

and his certificate and signature affixed
thereto in proof of the correctness of the same.

7. All licenses issued by the Treasurer Forms to be ob-
after the passing of this Act, and for which ^f UcenTes '"''^
money is required by law to be taken, shall

be made out on checked forms; andin issuing
every such license, the check shall be filled
in with the number of the license, in proper
serial order, the date of issue, the name of
the person to whom issued, with the parish
or town in which he or she resides, and the
amount paid for such license, and shall be
signed by the Treasurer ; and every person
to whom any such license shall be issued
shall be instructed to take, and shall take
the same with the check attached, to the
office of the Auditor General, who shall
detach, or cause to be detached, the check
from such license, and file the same in his
office ; and no such license shall be of any
force or validity until the requirements
herein shall have been complied with,
and any person presuming to act in contra-
vention thereof shall be dealt with as alto-
gether unlicensed.

8. Within fourteen days after the expi- Provision for the
ration of every month, the Treasurer shall ^n^L^'^JclItr^
make up and send in to the Auditor

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298

LAWS OP BARBADOS

G^eiMMral a fair statement ol hts accounts,
for the month with all oecessury vo^iehers
for expenditure ; and the Auditor Geiieral
shall have f i^e access to the books of tl^
Treasurer^ and to ail documeutB and papers
in his possession, in c(Minecbion with or
relating to such accounts, and also to tlie
books, documents and ))apers of the Customs,
and maj call for and inspect the same or
any of them, as he shall see fit, in order to
test th« accuracy of such accounts ; and so
soon as such accounts shall ha^e been duly
and satisfactorily settled with the Tr^surer,
the Auditor General jjliall certify the same
under bio hand, and \w shall prepare a
l>voper quarterly abstract of all such ac-
counts to be certified by hiui and laid be-
fore the Legislature, with his report thereon.

to AucUt the^^tuL ^- ^* ®^*^^ ^ ^^ ^^^Y ^^ *^^ Auditor
counts of every General to audit the aecounts of every pub*-
officer or depart- lie officer or deparianent who or which is
ment required to j^y i^w or by order of the Governor-
for "ui^r ^^"^^ in-Executive Committee required to submit
such account to audit, and it shall be law^
f ul for the Gbyemor-in-Executi^e Committee
from time to time to issue such orders and
inatructions to the Auditor General as ^all
seem to him to be necessary^ for his gi»d-
ance and direction in the examination and
settlement of the accounts oi the several
public officers of trhe Island, being pubite
accountants, and it shall be th« duty of the
clerk of the Executive Committee to lay a
copy of all such orders and instructions be-
fore the House of Assembly at or before its
second meeting after the issuing there^ ;
and when any such order and instruction
shall relate to or affect any public officer

Digitized by VjOOQIC

299

. SEaaffON OF 1889^90.

oriii^atiiiient, such pvMic <i§&0Qr or de^rt-
ment 4sliaU yield obadienoe thereto.

10. All accounts, documeats and papers The Auditor's
coming into the hands of the Auditor gJ^J^ents
General under the provisions of this Act,

with the proper books and papers of his
ofice. «ha]l be public property, a>ud on the
death, reeignation or reaaoval of that officer
shall bo delivered forthwith to his successor
or to such oth^r peison as the Governor may
appoint to receive the same,

11. This Act shall be subject to the pro-
visions of " The Colonial Secretary's Office
Act, 1890," relating to the amalgamation of
the offices of the Colonial Secretary and
Auditor General.

Repeal.

12. The Acts mentioned in the schedule to Repeal and Sav-
this Act annexed are hereby repealed ; pro- ^^gs.

vided that such repeal shall not affect ;

1. The past operation of the enactments
hereby repealed nor any thing done or
suffered under the enactments hereby
repealed ; or

2. any right, privilege, obligation or lia
bility acquired, accrued, or incurred
under the enactments hereby repealed ;
or

3. any penalty, forfeiture, or punishment
incurred in respect of any offence com-
mitted against the enactments hereby
repealed ; or

4 any investigation, legal proceeding or
remedy in respect of such right, privi-
lege, obligation, liability, penalty, for-
feiture or punishment as aforesaid, and
any such investigation, legal proceeding
and remedy may be carried on as if
this Act had not passed ; or

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300

LAWSOPBAEBABOS. .

5. any enactment in which such enact-
ment has been applied, incorporated
or referred to.

Suspending clause,

13. This Act shall not come into opera-
tion unless and until the Officer administer-
ing the Government shall notify by procla-
mation that it _i8 Her Majesty's Pleasure
not to disallow the same, and thereafter it
shall come into operation upon such day as
the Officer administering the Government
shall notify by the same or [any other proc-
lamation.

Digitized by VjOOQIC

301
SESSION OF 1889-90.

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Digitized by VjOOQIC

^02
LAWS OF BAEBADOS

CAP. LI

Short title.

(Governor may li-
cense pertfons as
land surveyors.

No person to be
licensed unless he
produces a testimo-
nial of good char-
acter and proves his
competency.

Proviso as to sur-
veyors now exist
ing.

And as to mem-
bers of certain In-
stitutes &c..

(A$8&nted to 8th\8eptember, 1890.)

BABBADOS.

An Act to regulate the anointment and duties
of land surveyors and the issue of war-
rants to survey land in this Islamd.

BE it enacted by the Governor, Council,
and Aggembly of this Island, and by
the authority of the same, as follows ;

1. This Act may be cited for all purposes
as " The Surveyors (Land) Act, 1890."

2. It shall be lavrful for the Governor
from time to time to issue licenses to per-
sons qualified to act as land surveyors in
this Island.

3. No person shall be eligible i(Y the ap
pointment of a land surveyor, unless he shall
produce sufficient testimonials of good char-
acter, and shall also prove his competency for
performing tht? duties of the office in the
maimer pres<aib«jd in any regulations in that
behalf to be made as hereinafter provided;
provided nevertheless that all persons hold-
ing office as land surveyors prior to the pass-
ing of this Act, shall continue to perform the
duties thereof respectively, and be exempted
from the test of competency, but in all other
respects shall be subject to the provisions of
this Act; but nothing herein contained shall
be so construed as to preclude any such sur-
veyors from claiming to be subjected to such
test as is provided for in this Act : provided
always that any member of the Institute of
Civil Engineers in England or the Surveyors
Institute, or the corps of Eoyal Engineers
may act as Land Surveyors without being
subject to the provisions of this section.

Digitized by VjOOQIC

3oa

SESSION OF 18a^.»W.

4. In case any complaint in writing shall

be made aga^ni^ any surveyor of neglect of License may be
duty or improper conduct, the Governor. °*°^®'1^<^ J^^ i™-
shall cause such complaint to be investiga- P'^P^'^ ^^'^^"^*'-
ed» and if he shall b« satisfied on the evi-
dence that such complaint is well f minded
he m ^y cancel the license issued to such sur-
veyor.

5. (1.) Subject to the provisions of this ^ . «
A(^, the Govemor-in-Executive Committee ciitivr"cJmmit?et
may from time to time make lobulations may make regula-
with respect to ; tions as to

(a) The tests tt» W emplovtMl to prove , ,
tbe ooulpetenc^^ of any person I ^.. pi -rf urn* i'l«^ te^t^ of com-
the duties 01 ii land surveyor In-hnv ]h^ikx^
appoint^ to the office ; provi«li.'«i alwHiy-i
that such tests shtHll include the a^ tiiul jJiir.
veying of Home lands and j>urface«. the irtau-
ipulation of surveyors instruments a.d sut4i
other practical tests of efficiency as may l>y
the examiner or examiners be deemed de-
sirable? and

(h) All other matters relating to the effi-
cient carrying out of the provisions of this ^^^ other matters
Act; provided that no candidate for a '''''*^*' **''^ ^''*-
license as a surveyor shall be required to .^'^Sll^^*^ ^'^'
pay a greater fee than two guineas for his ^|^ ^^^ ^mina^
examination ; but if he fail to pass the ex- tion.
araination at any time he shall still be liable
to pay the fee on the examination in which
he failed. Any expense for examination
beyond the two guineas paid by the candi-
date not exceeding ten guineas for each
examination shall be paid out of the public
treasury on tbe order of the Govemor-in-
Executive Committee.

(2.) Alky regulatkms may be altered Amendment and
amended or annulled by a subsequent reg- annulment of reg-
ulation. All such regulations, original ot ulations.

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304

IiAWS:(>F BARBADOS

otherwise, shall be published in the Official
Gazettt; and thereafter shall have the force
of law.
List of persons 6. Immediately on the passing of this
qualified to act as A.et, the Chief Clerk of the Record Branch
bT pre3"an^ ^* *^® Colonial Secretary's Office, shall pre-
kept. P*''^ ^ ^^^^ ^^ *^^ persons then entitled to,

practise as Land Surveyors in this Island,
according to the dates upon which they
respectively were admitted to practise. The
list when prepared shall be entered in a
suitable book of record to be kept in his
office and to be called the Land Surveyors'
rolls. The name of every Land Surveyor
thereafter admitted shall be at once entered
by the Chief Clerk of the Record Branch of
the Colonial Secretary's Office in the said
rolls, together with the date of his admiss-
ion ; and the names of all persons claiming
to act as Land Surveyors as being members
of the Institute of Civil Engineers, or of the
Surveyors Institute or of the Corps of Roy-
al Engineers, shall be added thereto on their
producing certificates that they belong to
either of those Institutes or to that Corps.
All Land Survey- 7. (1) From and after the passing of this
ort desiring to prac- Act every person who shall be duly qualified
tise to register their to practise as a Land Surveyor in this Is-
names every year i^^^ ^^^ ^YibII desire to do so, shall in the

and obtain a certi- x-u r t • u-

ficate of rejristra- ^^"*'h of January m every year cause his
tion. name to b^ entered by the Chief Clerk of

the Record Branch of the Colonial Secre-
tary's Office in the Land Surveyor's rolls,
and shall obtain from such Chief Clerk a
certificate of such registration on payment
of a fee of ten shillings ; provided always
that if any such person shall desire to have
his name registered after the month of
January shall have elapsed, he shall pay a

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305

SESSION OF 1889-'90.

fee of twenty shillings for such entry and
the certificate thereof ; provided also that
if any such person shall allow an interval
of two years to elapse from the time his
name was last registered, he shall pay a fee
of three pounds, and if an interval of five
years shall have been allowed to elapse,
such person shall not then be entitled to
registration except by special permission of
the Governor and on payment of a fee of
five pounds.

(2) In case the registrar shall refuse to Appeal from the
make the entry or to issue the certificate as Registrar to the
aforesaid the person aggrieved by such refusal Chief Justice,
or his attorney or agent may make applica-
tion to the Chief Justice in chambers who
shall make such order as may be just, and
may also direct the costs of such application
to be borne and paid by either party.

8. No person shall under a penalty not Penalty for pi-ac-
exceeding fifty pounds to be recovered m a tiaing as a Land
summary manner before a Police Magistrate Surveyor without
on the complaint of any person and paid obtaining a cartifi-
into the public treasury practise or con- ^^^^ «^ registration,
duct any business whatsoever as a Land

Surveyor in any year unless such person
shall have first registered his name and
taken out such certificate as required by
this Act ; provided that every person who
shall have been so registered and shall have
obtained such certificate in any year shall be
entitled to practise during the said year and
also during the month of January in the
ensuing year.

9. If any person who is now a qualified Penalty for fraud-
surveyor, or licensed as a surveyor under ^lentiy returning a
this Act, shall fraudulently return a false prope/ty!^^^ ""' ""''^
survey of any property surveyed by him, such ^ P ^*
surveyor shall in addition to the withdrawal

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306

LAWS OF BARBADOS

of his license, be liable on conviction thereof

before a Police Magistrate to a penalty rot

exceeding twenty live pounds, or in default

of payment to imprisonment with or without

hard labour for any period not exceeding

four months.

Persons havinj? 1^* -A-U pereons who shall have occasion to

occasion to survey survey or lay out any lands or houses, may as

or lay out lands or of right, claim from the Governor a warrant

houses may cl»i"i a for that purpose to be directed to any pre-

Govemor X'ected 8^^* qualified surveyor, or any such Uceused

to such sworn sur- surveyor as aforesaid, as the person so re-

veyor as he shall quiring'the same shall think fit to nominate.

think fit. The Co- All such warrants shall be given out and

lonial Secretary re- directed by the Colonial Secretary of this

wrrantea^co^^^^^ ^^^""^^ ^^ ^o^ ^^ such warrant he shall
ly on payment of a be entitled to demand a fee of five shillings
fee of 6/- into the to be paid into the public treasury for the
public treasury. use of the Island.

Notice of intend- H; (!•) TJ^n any such warrant as is
ed survey of land provided for in this Act being addressed to
shall be given 5 a present qualified surveyor or licensed sur-
days befOTe any sur- YejoT as aforesaid, such surveyor shall in no
vey can be made. j. x i? xi, £

^ event enter for the purpose of surveying any

lands or premises, not in the actual posses-
ession of the person who may employ him
to make a survey, until five clear days after
a written or printed notice, as hereinafter is
mentioned, of his intention to do so, shall
have been served upon some person residing
on or in possession of the lands or premises
intended to be surveyed ; and until after a
similar notice shall have been so served as
aforesaid upon some person residing on or
in possession of any lands or premises
immediately contiguous to or abutting upon
any such lands iu^nded to be surveyed.

(2.) After such notices shall have been so
served as aforesaid the surveyor shall be

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307

SESSION OF 1889'^0.

authorised and empowered to enter upon
sueh lands or premises for the ]:Kurpose of
surveying the same, and ako to enter upon
any said lands or premises immediately
contiguous thereto or abutting thereon, so
far as it may be necessary to make such
entry in order to settle the boundaries of
such lands and premises intended to be
surveyed.

12. Any notice required to be served un- Modes of servmg
der the last preceding section of this Act ^^^^^^es.

shall be in the form m schedule A or B,
(as the case may require) to this Act, and
the same may be given by personal service
thereof upon the person entitled to receive
the same or by leaving the same at the resi-
dence of such person (if any) situate upon the
land intended to be entered upon for the
purpose of a survey or contiguous thereto,
(as the case may be,) or by sending such
notice through the post in a prepaid letter
addressed to such person at such residence,
if any, situate as aforesaid.

13. When any notice as specified in the Notice if sent by
last preceding section of this Act shall have Post shall be deem-
been sent by post, it shall be deemed to ed to have been
have been received at the time when the let- received.

ter containing the same would be delivered
in the ordinary , course of post. To prove
the receipt of such notice, it shall be suffici-
ent to prove that the letter containing the
notice was properly addressed and put into
the post.

14. . If any surveyor shall enter i^po'n any p ,,
lands or premises contrary to the pirovisions veyo^fof bre^ach"^f
of this Act, he shall be liable for any such the provisions of the
entry to a fine not exceeding ten pounds, to Act.
be recovered in a summary manner on com-
plaint by any person or persons aggrieved,

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208

LAWS OF BARBADOS

before the Police Magistrate of the parish
where the land or premises so entered upon
shall be situate, and such fine shall be paid
into the public treasury for the use of the
Island.

15. The Acts specified in the Schedule C
Repeal anilSav- to this Act are hereby repealed ; provided
i*^8®- that this repeal shall not effect,

(1) any thing duly done or suffered un-
der the said Acts or either of them ; or

(2) any right acquired or any penalty
incurred under either of the said Acts.

SCHEDULE A.

Take notice. I do hereby notify to you
that on the day of

18 between the hours of and it is
my intention to enter the land (or premises)
situate in the parish of

and on which you are now re-
siding (or in the occupation of) for the pur-
pose of making a survey, in virtue of a war-
rant dated the day of

18 , and issued under
the provisions of " The Surveyor's (Land)
Act, 1890."

Dated this day of 18

A. B.

C. D.
Land Surveyor.

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309

SESSION OF 1889'90.

SCHEDULE B.

Take notice. I do hereby notify to you
that on the day of

18 between the hours of
and it is my intention to enter
certain lands and premises immediately con-
tiguous to (or butting on) certain land and
premises situate in the parish of

, on which contig-
uous or abutting lands you are now residing
(or in possession of) for the purpose of
making a survey in virtue of a warrant
dated the day of

18 , and issued under the
provisions of " The Surveyor's (Land) Act,
1890."

Dated this

day of 18 ,

C. D.

A. B.

Land Surveyor.

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810
LAWS OF BAMADOS

-s

«*i4

*i-^

*€

.4^

g,.S

. ^ ca 5 _

§ 0 :

»o

l-H

-§

»-5

-3

+3 ,

/'Digitized by VjOOQ IC

311

SESSION OF 1889'-90.

GAP. LH.

(Assented to 11th Odoher 1890.)
BARBADOS,

An Act to authorise the jpayment to the
Barbados^ Water Supply Comjpany,
Limited, of a proportionate paH of their
subsidy on their bringing into operation
certain of their standpipes\ and to extend
the time granted to the Company to
complete their works,

WHEREAS by **The Water Supply.
Act, 1886," the Barbados Water
Supply Company, Limited, are required to
fix and keep charged with water four hun-
dred standpipes on their pipes in the niral
parts of the Island within the limits prescrib-
ed by the plan of their works at such places
as may be decided on by the Executive Com-
mittee to be most proper and convenient,
and by the said Act the Legislature of the
Island guaranteed to the said Company a
fixed sum of five thousand pounds to be
paid aimually as soon as the works of the
said Company were completed and so long as
the full supply of water provided by the said
Act should be furnished, in four quarterly
instalments of one thousand two hundred and
fifty pounds each ; And Whereas the Company
allege that their works are now sufficiently ad-
vanced to enable them at once to fix and keep
charged with water fifty standpipes on their
pipes in certain ruyal parts of the Island and
as their said works progress they will be in a
position from time to time to fix and keep
charged with water additional staudpipes in
the said rural p^^rts of the Island until the full
number of four hundred standpipes requir-

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312

LAWS OF BARBADOS.

ed by the said Act shall be completed ; And
Whereas instead of waiting until all the
standpipes shall be fixed and the works
of the Company completed and brought into
full operation it is expedient that the Com-
pany should at once fix and charge with
water the fifty standpipes which they are
now in a position to erect, and that they
should be paid a proportionate part of the
•aid subsidy of five thousand pounds for
such fifty standpipes in quarterly instal-
ments, such payment to be calculated from
the day the said fifty standpipes shall be
brought into operation and that the Compa-
ny shall also be paid a proportionate part of
the said annual subsidy for every additional
number of fifty standpipes which may be
fixed and charged with water by them at
any one time as their works progress, such
payment to be calculated from the day on
which each lot of fifty standpipes shall be
brought into operation ; And Whereas it is
deemed expedient to extend the time grant-
ed to the Company for completing their
works ; Be it therefore enacted by the
Governor, Council, and Assembly of this
Island, and by the authority of the same, as
follows ;
Short title. 1- This Act may be cited as ** The Water

Supply Company Act, 1886, Amendment
Act, 1890."
A proportionate 2. As soon as the Company shall ^x fifty
part of the annual standpipes on their pipes in the rural parts
r^th^^C^ ^ ^*^^ ^^ *^® Island within the limits of the plan of
soon as tW^Yave ^^^^^ works at places which shall have been
fixed 60 standpipes. decided on by the Executive Committee to be
most proper and convenient and shall supply
the same with water for the use of the in-
habitants of the rural parts of the Island in

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313

SESSION OF 1889'90.

accordance with the provisions of the
Water Supply Act, 1886, then so long as
the full supply of water required by this
Act shall be supplied to each of the said
fifty standpipes the said Company shall be
paid in four equal quarterly instalments
an annual sum made up of the sums paid for
each standpipe ; the sum of nine pounds
seven shillings and six pence being paid for
each standpipe which is not more than two
hundred and fifty feet above the sea level; the
sum of twelve pounds ten shillings for each
standpipe which is more than two hundred
and fifty feet but not more than five hun-
dred feet above sea level ; and the sum of
fifteen pounds twelve shillings and six
pence for each standpipe which is more than
five hundred feet above the sea level ;
and the said quarterly instalment, shall
be paid on the warrant of the Governor in-
Executive Committee, and the payment
thereof is to be calculated from the day the
said fifty standpipes shall be brought into
full operation.

3. For every additional lot of fifty and for every addi-
standpipes which the Company shall as tional 50, an addi-
their works progress fix and keep supplied gj^^g*^ ^^calcidated
with water in accordance with the provis- ^^ ^\^q l^regcing
ions of the Water Supply Act, 1886, and basis to be paid,
of this Act the Company shall be paid in four
equal quarterly instalments, an annual sum
made up of the several sums to be paid for
each of the fifty standpipes calculated in
accordance with the last preceding section of
this Act, and the said quarterly instalments
are to be paid on the warrant of the Gover-
nor-in Executive Committee, and the pay-
ment thereof is to be calculated from the day

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314

LAWS OF BARBADOS.

each lot of fifty standpipes shall be
brought into full operation.

4, Every standpipe for which a proper-
ETcrj such stand tiontite part of the said subsidy of five thou-
r^^J^' ^'?ii"i sand pounds may be paid under this Act
tt>nB pL*r|dfty. shall be supplied with water in such quanti-

ty as to yield between the hours of five
o'clock in the morning and seven o'clock at
night not less than five thousand gallons ;
and shall also be subject to all the regulations
conditions penalties and provisions contained
in the Water Supply Act» 1886, in respect
of the whole number of four hundred stand-
pipes to be erected and fixed under the last
mentioned Act as if such whole number had
been erected and fixed and they formed part
p of the same.

Th*^ yield of every 5^ The Superintendent of Public Workis,
mft^ bf'' toted ^a^ ^^y Sergeant of Police or any person author-
Tho (liim^ payable i8®'<i ^J ^^^ Govemor-in-Executiv« Com-
therefor stopped if mittee or any member of a Board of Poor
th*r ykld be defi- Law Guardians may at any time between
^^^t^ the hours of five of the clock in the morning

and seven of the clock at night, with or with-
out notice to the Company, test by such means
as he deems best the yield of any standpipe
in respect of which any sum is payable
under this Act, and if, on any such test
being applied, the supply of water is found
to be less than that required by this Act
the person testing the same shall at once,
report the fact and all the particulars to the
Govemor-in-Executive Committee and the
sum payable in respect of such standpipe
shall from the date of the test cease until
the Govemor-in-Executive Committee is
satisfied that the quantity of water required
« by this Act is being given by such standpipe

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"315
SESSION OF 1889*^0.

6. Nothing in this Act contained ahall be

construed ar taken to release the Company Act not tofrelease
horn their obligation to complete their works J^^ ^bTi^at^ ''^^
and bring them into full operation within completing* '""^heir
the period prescribed by the Water Supply works wFthin the
Act, 1886, Amendment Act, 1889, or any prescribed period,
other period which may be prescribed by
the Legislature, and in the event of the Com-
pany failing to complete their works and
bring them into full operation within the
period prescribed or which may be prescrib-
ed as aforesaid the payment to the Com-
pany of any proportionate part or propor-
tionate parts of the saia subsidy which may
be paid to them pursuant to the provisions
of this Act shall cease and determine.

7. The time fixed for the completion of Time for comple-
the works of the said Company is hereby ex- tion ext<5nded to
tended from the thirty first day of Decem- 3lst.Dee«mber.lS91.
ber one thousand eight hundred and ninety

to the thirty first day of December one

thousand eight hundred and ninety one.

S. The penalty mentiooed in section one Mode of recover-

.hundred.andeleven of "The Water Supplying penalty men-

Act, 1886," shall be recoverable in a ^um- Xt the prrndpTl

m&acy maiiner, on the complaint of any rate ^ct.

payer of the parish wherein the offence is
veommitted, and the sum to be forfeited to

the Vestry mentioned in the said section
: shall be recoverable on the coniplaint of the

ChuTchwadrden in a summary manner before

^e^Police Magistrate of the District in which

the sfcandpipe complained of is situated j pro-
vided that where complaint is made 1 hat the

Corapj8«y have neglected or refused to fur-
;nish a sufficient supply of water under the

aaid seeti(Mi it shall only be necessary tojpro ve
" in respect; otjiny . particular stand pipe that

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316

LAWS OF BARBADOS

the water supplied by that standpipe between
the hours of five o'clock in the morning and
seven o'clock at night is less than five thou-
sand gallons.

Short title.

Trustees and Di-
rectors declared.

The President and
the Speaker to ap^
point, when neceri-
sarj?, members of
their respective
Legislative bodies
to be Directors.

CAP. LIII.

(Assented to 11th October 1890)

BARBADOS

An Act to consolidcde and amend the Acts of
this Island relating to the General Hos-
pital,

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows ;

1. This Act may be cited as " The Barba-
dos General Hospital Act, 1890."

2. (1.) The Governor of this Island, the
President of the Legislative Council, the
Lord Bishop of the Diocese, the Speaker
of the House of Assembly, the Attorney
General and the Solicitor General for the
time being, three members of the Legisla-
tive Council to be appointed by the Presi-
dent of the Council, seven members of the
House of Assembly to be appointed by the
Speaker, the Reverend Thomas Clarke,
Thomas Bowen, Doctor of Medicine, Edwin
Thomas Racker, and Joshua Baeza, shall
and are hereby declared to be Trustees and
Directors of the Barbados General Hospital.

(2.) The President of the Legislative
Council, and the Speaker of the House of
Assembly, shall fill up from time to time all
vacancies that may happen by death, or
otherwise, amongst the said directors to be
appointed under the authority of this Act ;
and notwithstanding the expiration, disso-

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317

SESSION OF 1889-'90.

lution, or prorogation of the General As-
sembly, tne directors appointed from that
body shall during such expiration, dissolu-
ution, or prorogation of the said General
Assembly, continue to have and exercise the
same powers and authorities without any
re-appointment ; but should any of them
cease to be members of the General Assem
bly, they shall from thenceforth cease to be
directors of the said society.

3. The trustees and directors, shall be, Trustees and Di-
and they are hereby declared and adjudged T^^^, mcorpora-
. -u "^ r, J "^ 1 J Tx- • ted under the name

to be one body corporate and politic, m ^£ « i^jj^ Barbados

deed, name, and in law, by the name of General Hospital."
" The Barbados General Hospital " and by
the same name they shall have perpetual
succession, and shaU and may use a common
seal for the business and affairs of the said
hospital, with power to change, alter, break,
and make new the same, when, and so often
as they shall judge the same to be expedient,
and they and their successors, by the
same name, may sue and be sued, implead
and be impleaded, answer and be answer- ^ay sue and bd
ed unto, defend and be defended, in all or *"®^ **^-
any Court or Courts of Eecord, and places of
judicature, and before any Judge, Justices,
or Officers within this Island, in all and
singular actions, pleas, suits, plaints, matters,
and demands of what kind or quality soever
they shall be, and may act and do in all mat-
ters and things relating to themselves and
their corporate property, real and personal, in ^ ^^^^ ^^^^^^
as ample a manner and form, and as fully and ^i and real property
effectually as any other of Her Majesty's to any amount,
subjects lawfully may or can, and they
and their successors, by the name aforesaid,
shall be able and capable in law, to have,
hold, receive, enjoy, possess, and retain for

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ai8

I4AWS OF BARRIOS

.tjbe eiidfl and purpotes of this Aet, ^all such
goods, chattels,. and effects, sum and mxm»
of money, and securities for money, as have
tbeen given or bequeathed, or have been by
thiem {mrebased or accumulated, or which
jdbaUat ^my time or times hereafter bapaid,
^given, or bequeathed by any charitable or
wellrdisposed person or .persons, or which
shall be purchased or accumulated by them
of what nature, value, or amount ; soever
and they and their successors by the
name aforesaid, shall and may for ever here-
after be persons able and capable in the
law, to purchase, have, take, hold, receive
and enjoy to them and their successors,
messuages, lands, rents, tenements, annu-
ities, and hereditaments of what nature or
kind soever in fee, and in perpetuity or for
terms of lives or years, in all issues beyond
reprises, for the better carrying on the
charitable end and designs of the said
trustees and directors, and for the invest-
ment of the capital and funds for the time
being of the said trustees and directors,
and that all lands, tenements or heredita-
Landa Ac, al- ments already purchased in the names of
It^^rbr^fed '^l '^^^- of tl^e ^d hospitol shall be.
in the corporation *^d the same are hereby declared to be
with power to sell vested in the corporation as fully as if the
Ac* same had been purchased by su(i corpor-

ation ; and the said corporation shall have
full power to sell, grant, demise, exchange
and dispose of any of the same .messuages,
lands, rents, tenements and hereditaments
whereof or wherein they shall have any
estate or interest, as aforesaid.
Trustees and Di- 4. It shall and may be lawful for: any
rectors may take by person or persons, bodies politic or eorpor-
f nds &c^^^^ ^ ' ^^* *^^^^ h»ira and successors respectively

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aissioisr OF igsp^w.

to give, grant, sell alien, assign, derise
bequeath^ or dispose of in mortmain, in per-
petuity or otherwise; to or for the use and
benefit of or in trust for the said tnis*
teeff and directors and their successors, any
messuages, lands, tenements, rents, annui-
ties, and hereditaments whatsoever above
all charges and reprises, and any sum= or
sums of money to any amount, and any
good« and chattels of whatsoever value for
the charitable purposes of the said trustees
and directors, all which gifts, grants,
conveyances, assignments, bequests, and
dispositions, the said trustees and directors
are hereby authorized and enabled to receive
accept, aid hold.

5. (1) An annual grant of six thousand Grant of M^idB^-
pounds shall be made from the public year towards sup-
treasury towards the support of the P^*^ ^^ ^^P***^-
hospital, payable quarterly in advance to
the said trustees and directors, on the war-
rant of the Q-ovemor-in-Executive Com-
mittee and the said trustees and directors
shall lay before the Legislature quailerly
statements of the expenditure of the said
sum: of six thousand pounds.

(2) Any portion of the annual legislative Unexpended pot-
grant that may be unexpended at the end of J^f p^e'dtte
any year shall be placed by the Colonial credit of the corpo-
Treasurer to the credit of the Trustees and ration.
Directors of the Barbados General Hospital,
and may be hj them, at any time^ expend-
ed in extending, the limits of the General
Hospital, or in building, or for any purpose
connected with the Hospital.

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LA.WS OF BARBADOS

Salary of resident 6. An annual sum of three hundred
s^^n fixdd at pounds, to be paid from the public treas-
a year. ^^^ ^j^^^j y^ placed at the disposal of the

trustees and directors of the hospital,
to remunerate the services of a resident
surgeon, which shall be paid monthly,
on the warrant of the Govemor-in-Executive

Grant of JCSOO a ^^^'^^i*^^^-
year to remunerate ^- An annual sum of three himdredpounds
8 medical men. to be paid monthly from the public treas-
ury on the warrant of the Gk>vemor-in-
Executive Committee shall be placed at the
disposal of the trustees and directors to
remunerate the services of three medical
men.
Grant of £30 a 8. An annual sum of thirty pounds, to
year for services of be paid monthly from the public treasury,
chaplain. ^j^ ^y^e warrant of the Governor-in-Execu-

tive Committee, shall be placed at the dis-
posal of the said trustees and directors to
4- 4- h remunerate the services of a chaplain.

ami^ed^ndceHifie'd ^' ^^^ ^^^^^^ ^^^"^^ ^" ^^^ Treasurer foi
by the Auditor payment of accounts shall be drawn on the
Genexij before pay- accounts after they are certified by the Audi-
™ont. tor General and receipts taken on the said

accounts, and no accounts shall be certified
and passed for payment unless such accounts
shall have first been examined by the Audi-
tor General and his certificate and signature
affixed thereto in proof of the correctness of
the same.

com ^ed o^^T'*^ r ^^' ^^ ^^^ ^^ ^^^® ^^ *^® trustees and
moreof the Direc- <^^®c*^^s ^^ *^® said corporation shall corn-
tors, pose a general Court. And the said trus-
tees and directors or any Court of them
shall at the first annual meeting in each year
House Committee nominate' and appoint a House Com-
mittee to conduct the general internal
arrangement of the hospital according to

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SESSION OF 1889^90.

the regulations made and to be made by
the trustees and directors, and to examine,
audit, and prepare for the inspection of the
trustees, all the accounts and expenses of
^e establishment. A general Court shall General Courti td
be held four times at least in every ^ ^^Id four times
year, that is to say, on the first Thursday * ^^^'
in February, on the first Thursday in May,
on the first Thursday in August, and on
the first Thursday in November; and Power of General
the memberd of the said corporation assem- Courts,
bled at any such general Court as aforesaid,
or at any general special Court to
be held as aftermentioned, or the major
part of them so assembled (but the members
so assembled not to consist of less than five
directors^) shall have full power and
authority in the name of the said corpora-
tion, and on their account, to apply and
dispose of the moneys, goods and effects
already given and accumulated, and which
shall from time to time be contributed or
given by any person or persons on account
of the said charity, and of all moneys and
effects belonging or to belong to the said
hereby created corporation, to and for the
purposes aforesaid, and to and for, or in any
other purpose, way, matter or thing relat-
ing to the said hospital, and for the benefit
thereof at their discretion, and to purchase
or agree to purchase, or to take upon lease,
or to sell or agree to sell, or let lands,
tenements or hereditaments, and to direct
the investment of money, or the sale or
(change of securities, and the general dispos-
ition and management of the property of
the said corporation, and with, and under
their common seal to enter into any cove-
nants and contracts for the purposes af ore*

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322

LAWS OF BARBADOS

«aid, or for any other purpose or purposes
for the better effecting and carrying on the
charitable uses and designs aforesaid, and
to do, manage and transact, and determine
all such other matters and things as shall
to them appear necessary and convenient
for the effecting or carrying on the purposes
aforesaid, and shall and may delegate such
powers and authorities to the Committee or
Committees for the time being, and place at
their disposal such siun or sums of money
as they shall think necessary for the more
speedy and effectual execution of this Act,
and the charitable designs of the said
hospital. Provided always nevertheless,
tees^^neceesai^^^ *^** ^^ ^^^' tenements, or hereditaments,
buying selling or ®^^11 ^ purchased or leased, or agreed to
leasing land &c. ^^ purchased or leased, nor shall any lands,
tenements or hereditaments be sold or let or
agreed to be sold or let, nor shall money
belonging to the said Institution, be invest-
ed, nor shall any securities belonging to the
said Institution be changed or sold without
the consent in writing of the major part of
the trustees and directors residing in this
Island at the time of every such purchase;
lease, sale, or letting of any such lands,
tenements or hereditaments, or investment
of any money or change or sale of any such
securities as aforesaid.
Bye laws Ac., H. It shall be lawful for the said cor-
when to be made, poration in general quarterly, adjourned
general or special Court assembled only, or
the major part of them so assembled, to
consist of not less than five directors
to order and dispose of the custody of their
common seal and the use and application
thereof, and to make, ordain, and constitute
such and so many bye-laws, constitutions

Digitized by VjOOQIC

323

SESSION OF 1889.'90.

and ordinances, for the government of the
officers and servants of the said corporation,
and of the patients for the time being under
their care, and for the transaction of the
business of the said hospital, as the mem-
bers present at any such general Court (not
less than five being directors being present),
or to the greatest part of them, shall seem
necessary and convenient; and the same
bye-laws, constitutions and ordinances so as
aforesaid made, shall be duly kept and ob-
served, provided the same be reasonable
and not contrary or repugnant to the laws
of this Island, or to the laws or statutes of
G-reat Britain and Ireland in force in this
Island.

12. The trustees and directors or any Sub-commitfcees
Court of them shall have power and author- ^^^o^^rfc^^' IMre^^^
ity, and they are hereby authorized and *^ ^"^
empowered from time to time to appoint
sulMJommittees, each sub-committee to

consist of three or more direc^rs, and to
invest such sub-committees with such dele-
gated powers, and limited by such instruc
tions, as to the said directors or any Court
of them shall seem meet, for the transaction
of and inquiry into any of the affairs and
business of the said corporation, which it
shall from time to time be the duty of the
directors to transact and superintend.

13. The trustees and directors or anv:* ^ ^ f n-
Court of them. shaU, from time to time. „„ tlJ^^jr:^:
and at all tmies as occasion shall require, cers.

have power, and they are hereby directed
from time to time to appoint a treasurer,
auditor or auditors, chaplain, physician,
surgeons, apothecaries, solicitors, secretaries,
collectors, or other superior officers, as shall
\)e necessary for the transaction of any of

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324

LAWS OF BARBADOS

the affairs and business of the said corpor-
ation, for so long and upon such conditions,
And fix salarieii and with such salary, emoluments, and per-
&c., quisites, to be paid and allowed out of the

funds and effects of the said hospital as to
the said trustees and directors or any Court
of them^ for the time being shall seem meet,
all of which salaries and emoluments the
treasurer of the said hospital is hereby
required, from time to time, to pay and
allow out of the funds and effects of the
said hospital: but all or any of such officers
May remove offi- may be, from time to time, removed by the
cers &c.. trustees and directors or any Court of

them, by whom all vacancies may be
filled up ; and the appointment and removal
House Committee ^^ pleasure, of all or so many inferior offi-
movP^^nferio? Vffil ^^ ^^ servants of the said corporation, as
QQj^ ' shall be required, shall from time to time

be made by the House Committee, for the
time being, with such salary and wages as
the majority of the members composing the
House Committee shall think right ; all
which salary and wages the treasurer for
the time being shall pay and make good out
of the funds and effects of the said hospital,
on a certificate that such salary and wages
are due, signed in such manner as the rules,
orders and bye-laws of the hospital may
direct.
Treasurer to plate 1^- Until otherwise directed by any rule,
moneys in the order, or bye-laws to be made as aforesaid,
hanks. it shall and may be lawful to and for the

treasurer for the time being of the said
corporation, and he is hereby authorized
and required from time to time, to place to
the credit of the said hospital, in one or
more of the banks of this Island, all or any
sum or siuns of money as hath or have

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325

SESSION OF 1889'-90.

been given, devised and bequeathed, or
shall at any time or times hereafter, be paid,
given, devised or bequeathed by any clmrit-
able or well-disposed person or persons, to
and for the charitable ends, intents, and
purposes of the said hospital, or any
moneys received on account of the said hos-
pital.

15. The moneys arising from any sale or Moneys to bd
sales, or so much thereof as shall not be applied for charit-
again laid out and invested in the purchase g^^i P^.''''^^^''

of some other lands, tenements, or heredita- ^*® ^'
ments, or some other stocks, funds, or
securities, and also all dividends interests
and annual proceeds, which shall from time
to time arise from such funds, shall from
time to time be applied to and for the
charitable use of the society.

16. AU questions upon the proceedings of Questions to be
the said corporation at any meeting of the decided by vote,
directors, shall be decided by vote, and in

case of any equality of votes, the chairman
of the meeting shall have the casting vote,
but otherwise he is not to vote, but no
question shall be decided without the pres-
ence of five trustees and directors.

17. All and every ofl&cer or servant of the Officers of the cor-
said corporation, shall from time to time, poration may be
when thereunto required by any three or ^^^P^^l®^ *'^ '«f^®'
more directors, make and render to the *^^*^^^^"^® ^^ ®* •
directors, or any Court of them, a true,

exact, and perfect account in writing, under
his or her hand, or their respective hands,
upon oath, to be taken before two or more
directors, which oath any two or more of
the directors, are hereby empowered to ad-
minister, of all moneys, stores, and effects,
which he, she, or they, and every of them
respediively, shall to that time have received.

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326

LAWS OF BARBADOS

paid, dispersed, or been entrusted with by
virtue of this Act, or by reason of their
respective ofl&ces ; and in case any money or
effects, the property of the said corporation
shall remain in their or any of their hands,
the same shall be paid or hfuided over to the
trustees and directors, or any five or more
of them, or to such person or persons as the
trustees and directors, or any Court of
them, shall appoint to receive the same ;
and in case any such officer or other person
shall not make and render or shall refuse to
verify upon oath or affirmation, any
such account, or to make such payment or
delivery as aforesaid, then any Police Magis-
trate of the parish of Saint Michael, shall
and may upon complaint to him or them,
make inquiry of and concerning such default
in a summary way, as well by confession of
the parties themselves as by the testimony
of one or more credible witnesses or witness,
upon oath (which oath the said Police
Magistrate is hereby empowered and requir-
And in case of ed to admininister) ; and if such officer or
refusal may be pro- persoD shall be convicted of any such
ceeded against in a offence, such Police Magistrate, shall upon
summary manner, g^^y^ conviction commit the party so offend-
ing to prison, there to remain without bail
or mainprize, until he or she shall have
made a true and perfect account and payment
as aforesaid, or until he or she shall have
compounded and agreed with the direc-
tors or any Court of them, and paid sueh
composition money, which composition the
said trust^ees and directors or any Court of
them, are hereby empowered to make.
Protective clause. ^^' I^ ^^7 ftction shall be brought, or
suit commenced against any person or per-
sona for anything done in pursuance of this

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327

SESSION OF 1889'-90.

Act or in relation to the premises or any of
them, every such a(?tion or suit shall be
laid or brought within two months next
after the grievance committed, and the
defendant and defendants in such action,
may plead the general issue, and give this
Act and a tender of amends before action
brought, or the special matter in evidence
at any trial to be had thereafter, and that
the act or matter was done in pursuance
and by the authority of this Act, and if the
same shall appear to have been so done, or
if any such action or suit shall not be
brought within the time before limited, or
the jury shall not consider the party
aggrieved entitled to more than the amends
tendered, then the jury shall find for the
defendant or defendants ; or if the plaintiff
or plaintiffs shall become non-suit or suffer
a discontinuance of his or her or their action
or actions, or if a verdict shall pass against
the plaintiff or plaintiffs, or if upon demurrer
judgment shall be given against the plaintiff
or plaintiffs, the defendant or defendants
shall have double costs, and shall have such
remedy for recovery of the same as any
defendant or defendants hath or have for
costs in other cases of law.

19. The trustees and directors are hereby m . ^ ^v-

authorized and required to cause sufficient rectors To provide
hospital accommodation to be provided at accommodation for
the said hospital for the reception, treat- sick merchant sea-
ment and care of seamen belonging to ™en who shall be
merchant vessels trading to this ^^^^^^^^^^^^^ ^^l^\f ^l^
wlio may require medical aid and claim the ^^^^^ hospital be
same. And the seamen received into the hos- buried at the ex-
pital shall, free of charge, have every possible pense of the estab-
care, attention, and medical treatment whilst lishment.
there ; and should any of them die in hos-

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32d

LAWS OF BARBADOS.

. pital, the coat of t^ir funerals shaH be
defrayed from the funds of the establish-
ment.

20. This Act shall be deemed and taken
to be a public Act, and shall be judicially
taken notice of as such by all Judges
Justices and others, without specially plead^
ing the same.

Repeal.

Sepeal and Sav- 21. The Acts mentioned in the schedule ta
ings. this Act annexed are hereby repealed, pro-

vided that this repeal shall not affect ;

1. The past operation of the enactments
hereby repealed nor anything done or
suffered under the enactments hereby
repealed ; nor

2. any right, privilege, obligation or lia-
bility acquired, accrued, or incurred
under the enactments hereby repealed ;

3. any penalty, forfeiture, or punishment
incvured in respect of any ofteoce
committed against the enactments here-
by repealed ;

4. any investigation, legal proceeding or
remedy in respect of any such right,
privilege, obligation, liability, penalty,
forfeiture, or punishment as aforesaid,
and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed.

6. any act in which the enactments here-
by repealed have been applied, incorpo-
rated, or referred to.

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329
SESSION OF 1889'-90.

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330
LAWS OF BARBADOS.

CAP. LIV.

{Assented to llth October 1890.)

BARBADOS.

An Act to consolidate and amend the Acts
relating to merchants' gv/npowder.

[E it enacted by the Governor, Council,
and Assembly of this Island, and by
the authorif^y of the same, as follows ;
gk^»4. 4:4.1^ 1. This Act maybe cited as "TheMer-

Short title. ^^^^^, Gunpowder Act, 1890.^'

Interpretation
Interpietation of 2. In this Act gunpowder shall mean and
terms. include blasting powder, gun cotton, dyna«

mite, nitro-glycerine and all other explosive
matter whatsoever; and magazine shall
mean and include as well such magazine or
place on shore, or hulk or vessel at sea as
may from time to time be provided and set
apart by the Government for the storage of
gunpowder, (hereinafter called public
magazine) as such building or place as may
in any special case be approved of by the
Government for storing gunpowder in th\t
particular instance.

Prohibition of mianufacture &c, of explosives.
Govemor.in.Ex- 3. The Goveruor-in-Executive Committee
ecutive Con^ttee j^^^y from time to time by an order in Ex-
hiMt orreBtrict^tbi ecutive Committee, either prohibit abso-
manufacture Ac, of lutely or may subject to conditions or re-
specialiy dangerous strictions the manufacture, keeping, impor-
explosives. tation, conveyance, and sale, or any of them

of any explosive which is of so dangerous a
character that in the judgment of the Gov-
ernor-in-Executive Committee it is expe-
dient for the public safety to make such
order.

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331

SESSION OF 1889*90.

4. Every person violating such order shall ^ Penalty for viola-
on conviction thereof before a poKce magis- J"*^ orders under
trate, on the complaint of any person, be ** section,
liable to a penalty not exceeding one hun-
dred pounds, or to a term of imprisonment
with hard labour not exceeding twelve
months, and such explosive shall be forfeited
and dealt with in such manner as the Gov-
ernor-in-Executive Committee may direct.

Magazine.
6. All gunpowder not being the property ^11 gunpowder
of the Imperial Government which is im- not being the prop-
pbrted into this Island or which is now in erty of the Imperial
the Island shall, except such as is mentioned Ctovernment sh^,
in sections fourteen and fifteen of this Act 3*^^^,X^
be stored m a magazine. in a magazine.

Powder at ovmer's risk

6. All gunpowder shall be stored in a pub- Gunpowder to be
lie magazine at the risk of the owner, unless stwed at owner's
fault or negligence shall be proved against "®

any person employed by the Government.

Powder may he removed from maga>zine,

7. It shHll be lawful for the Governor Governor may or-
to order the hnmediate removal from any der removal cf gun-
public magazine and disposal in any way he ^^ ^^'

may thinltfit, of atiy gunpowder which having
been received may subsequently be consider-
ed by him to endanger the safety of such
magazine ; and no compensation shall be
paid to the owner for any lo&s sustained.

Keeper of public magazine,

8. The Governor shall appoint a keeper of ,,ee ^^^'o/STai^e
the public magazine, who shall receive a sal- andporters!*^*
ary of seventy-five pounds per anniun, and

shall also appoint such porters as shall appear
necessary to the Governor-in-Executive dom-

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382

LAWS OF BARBADOS

mittee ; provided that the total sum expend-
ed in any year under this section shall not
exceed one hundred and seventy five pounds ;
and provided also that any person appoint
ed under this section shall be subject to dis-
missal after one month's previous notice.
Keeper of mag- 9. The keeper of the public magazine
azine to give bond g^all enter into such bond as shall be
wi sure les. required by the Governor-in-Executive Com-

mittee and the sureties to such bond shall be
approved by the Govemor-in-Executive
Committee ; and if any hulk or vessel is set
apart as a public magazine the same shall
be under the charge and care of the Har-
bour Master.

Landing and conveyance
Gun^wder may jq. It shall not be lawful to land gunpow-
qLititi#«"'exceed'. ^^r in lareer quantities at one time than
ing 60 lbs except 6% pounds m weight, unless powder-carts
powder cart in at- (properly equipped as specified in section
tendance. eleven of this act) are in attendance for its

transport from the landing place.
o^f^t:rn%t ., "; Every package of gunpowder landed,
der is being con- " ^^^ conveyed m a powder-cart shall,
veyed after landing, whilst it is being conveyed to its destina-
tion be covered with a blanket, rug, or
other suitable material, and the person
carrying it shall carry conspicuously a red
flag of not less than eighteen inches square,
and every powder cart employed in convey-
ing gunpowder shall be equipped with a
quantity of blankets, rugs, or other suitable
material sufficient to cover the packages of
gunpowder when in the powder-cart, and
with a red flag not less than eighteen inches
square, to be fixed in a conspicuous position
in the powder-cart, oi caried in the driver's

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333

SESSION OF 1889-'90.

hand, so long as the powder-cart is employ-
ed in the transport of gunpowder within the
limits of the City of Bridgetown, Saint
Ann's Garrison, within one quarter of a
mile of Saint Ann's Garrison, or within
the limits of Speightstown. Every person
removing from the place of landing any
package of gunpowder and conveying it
without its being covered as aforesaid or
without carrjdng the red flag as aforesaid
shall be liable to a penalty not exceeding
five pounds, and the owner or driver of any
powder-cart, which while employed in the
transport of gunpowder is not equipped as
specified in this section, shall be liable
respectively to a penalty not exceeding
five pounds.

Bules for shipment,

12. It shall be lawful for the Governor-
in-Executive Committee to make such rules
and regulations as may be necessary for the
better carrying out of the shipment when ^ ^^^^ *^ ^®. ^^^
necessary of gmipowder from the l>ublic ^y^^^/™:-"^-
whart ; and such rules and regulations shall for shipment of gun-
be published three times in the Official powder.
Gazette and a printed copy thereof ex-
posed in a conspicuous place at the Com- ,. J'^J^^^*^.^® P^!'"
mercial Hall and the Public Buildmgs, and '^if^, SazeTt^'anS
the various police guard houses m Bridge- exhibited at PubHc
town, and thereafter such rules and regu- Buildings Ac,
lations shall have the force of law, the same
as if they were incorporated in this Act ;
and the penalty for any breach of the said
rules and regulations or any of them shall
be a sum not exceeding twenty five pounds
to be recovered as in the cose of servants* t> li. * i. t.
wages. ofS!"*'^'-'''**^'^

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LAWS OF BABBABOS

Place for landing or shipping,

PeKon landing or 13. Any person landing or shippititg, or

shipping gunpow. causing to be landed or Shipped, or attempt-

j£c^*StoTt;^ ing to land or sHp gunpowdw at aay jdace,

alty of £2o. except at a place appointed for that pnr-

piose, by or under the provisioiis of this act,

shall be liable to a penalty not exceeding

twenty fire pounds.

Quantity kept in a store,
Onant tv f 14. It shall be lawful for every dealer in

powder which ?^y gunpowder to keep in any shop, store, or
be kept by dealer, warehouse, for sale, any quantity of gun-
powder not exceeding fifty pounds in
ProTifio. weight ; provided that not exceeding twenty

five pounds thereof, to be blasting powder,
may be kept in one keg, and not exceeding
twenty five pounds (the remainder thereof,)
which may be either blasting or sporting
powder, or both be kept in tin canisters, each
canister to contain not more than onie pound
in weight of gunpowder.

Quantity kept in hmse.

Quantity of gtin- 15. It shall be lawful for any househol-
powder which may der to keep gunpowdier in any building be-
be kept by Louse- longing to him subject to the following con-
holder in Bridge- aw
town or Speights. ^^^^^°» >

town. (i) if such building is in Bridgetown

01 within half a mile of the limits
thereof, or within Speightstown, he
shall not keep therein more than two
ponndd in weight at any one tim^ ;
and
rii) if such building is not within the
above mentioned limits he shall not
keep therein more than twenty five
potmds of blasting powder and five
pounds of any other explosive.

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SESSION OF t889'-9a.

Penalty,

16. Any person wlip shall infringe either p ..
of the tyro fe.st preceding sections shall f ot ^^ ^*
every such offence be liaJble to a penalty nor
exceeding twenty five pounds.

Search warrant.

17. On information on oath being giv^n p,. ^ ^ y^
before the poHce magistrate of the district adopted ^^casea of
in which the offence n^y be comnutted by excess quantities of
any poUce officer or other person, that such gunpowder kept in
pohce officer or other person, has good store or house,
cause to suspect that a larger quantity of

gunpowder than is allowed by this Act, is
kept in any place, it shall be lawful
for such police magistrate to grant a search
warrant to search for si^ch gunpowder,
which search warrant shall be executed
iinder the direction of a sergeant, corporal,
or other superior officer of police, between
the hours of seven o'clock in the morning
and five in the afternoon, and all gunpow-
der which shall be discovered to be so ; il-
legally kept as aforesaid, shall be forfeited
and sold under the order of any such police
magistrate, and the proceeds thereof paid
into the puWic tre^^sury for the uses of the
colony.

Ued flag on powder barge

18. Every boat, barge, or other vessel p j v
employed for the landing, transport, or ship- carry^a^red fla|^
ment of gunpowder (hereinafter called a

powder = barge) shall, whilst employed as
aforesa^, .carry a red flag not less than
eighteen inches square, hoisted o,n a pole not
less than six feet in height above the gun-
wale of such powder barge; and the

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336

LAWS OF BARBADOS

owner of any powder barge which, whilst
employed in the landing, transport, or
shipment of gunpowder, is not equipped
in the manner specified in this section, shall
be liable to a penalty not exceeding ten
pounds.

No fire or light on barge.

Fire or light not 19. It shall not be lawful to have any
allowed on powder fire or light of any description on board of
^^^*^- any powder barge, whilst employed in the

landing, transport, or shipment of gunpow-
der, and the person in charge of any pow-
der barge, so employed as aforesaid, on board
of which shall be found any fire ^r light.
Penalty. s»hall be liable to a penalty not exceeding ten

pounds, or on a second or other subsequent
offence and in the discretion of the magis-
trate, to imprisonment with or without hard
labour for a period not exceeding three
months.

Bed flag on vessel loading, Sc.

Vessel loading or 20. Every ship or other vessel loading or
discharging gun. discharging gunpowder shall, whilst so em-
powder to fly a red ployed in loading or discharging as aforesaid,
^^' carry flying at her mast head a red flag not

less than seventy two inches square ; and
the master or other person for the time being
in charge of any such ship or vessel which
whilst so employed as aforesaid shall not
comply with the requirements of this section.
Penalty. shall be liable for every such offence to a

penalty not exceeding ten pounds.

No fire or light on such vessel.

^ire or light not 21. It shall not be lawful to have any

allowed on board fire or light of any description on board of

inch vessel. any ship or vessel employed in loading or

discharging gunpowder, except in the case of

Digitized by VjOOQIC

837

SESSION OF 1889-^90.

steamers which may use their engine fires,
and the master or other person for the time
being in charge of any vessel while so em-
ployed as aforesaid on board of which shall
be found any fire or light, except as afore-
said shall be liable to a penalty not exceeding
fifty pounds.

No matches or smoking.

22. Any person carrying lucifer or other Penalty on personi
matches whilst employed in the landing, having matches or
shipment, loading, discharging, storage, ^^^^^ *^^H J^^
transport or issue of gunpowder, shall be «^„;'^;|8jf |^^t^«-
liable to a penalty not exceeding twenty- &c., j^npowder
five pounds, and every person found smoking

or with a naked light in his possession
whilst employed as aforesaid, shall on con-
viction before a police magistrate be liable
to imprisonment, for a period not exceeding
six months.

Rules and regulations

23. The Governor-in-Executive Commit- l*«les to be made
tee shall whe\i and as often as is necessary J^c, by Governor-in-

1 J , i 1 ii *' ExecutiTe Commit-

makej and may, when made, revoke, alter. ^^

or amend rules and regulations.

(i) for determining the times and man-
ner in which gunpowder shall be

placed in or removed from a magar

zine.
(ii) for determining the duties to be

performed by any keeper or other

officer appointed under section eight

of this Act.
(iii) for prescribing the precautions to

be observed in placing gunpowdei* in

or storing it in or removing it from

a magazine or when in transit tliere-

to or therefrom.

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838

LAWS OF BARBADOS

(iv) for appointing the places at which
gunpowder may he landed in this
island.

(y) for fixing the amount and time and
mode of payment of fees to be paid
for the storage of gunpowder in a
public magazine.

(vi.) for determining the nature and
extent of the information to be fur-
nished the Government by any per-
son making, manufacturing or keep-
ing in or importing into this Island
of any gunpowder

24. All such rules and regulations and
li hwi^^a^'^*^ ^ revocations, alterations, and amendments of
Official Gazette. regulations shall on being published three

times in the Official Gazette be as valid
and effectual as if inserted in this act.

Penalties.

25. Every person violating any of the pro-
General penalty visions of this Act or any rule or regula-
ted ion. ^i^j^ thereunder for the violation of which

no penalty is expressly provided, shall on
conviction thereof, be liable tor every such
offence to a penalty not exceeding ten
pounds.

J. d d* ^^* ^^ penalties incurred under any rule

poiitionof peTaJtiet ^^ regulation, or under this Act, shaU be
recoverable in a summary manner before any
police magistrate on the prosecution of the
keeper of the public magazine, or any offi-
cer of the land or harbour police, and all
money penalties shall be payable into the
public treasury for the use of the colony.

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339
SESSION OF 1889' 90.

Fees,

27. All feos collected under this Act, Fees to be paid to
shall be paid into the treasury for the use of and expenses paid
the public, and all expenses required to be ^^^^ *^e P»^^<5
undertaken for the due carrying out of the ^^^^^"^T*
provisions of this Act shall be paid in the

usual manner from the treasury.
Police aid

28. The Inspector General of police shall Inspector Q^eneral
on appli^jation in writing from the keeper shall afford police
of the public magazine, place at the keep- ^'^^ y^^^^Q required,
er's disposal the services of one or more police

officers for the purpose of keeping order
during the landing, delivery, issue, or ship-
ment of gunpowder, and of enforcing the
due obsei-vance of this Act and of all rules
and regulations made under it.

Exemptixyii from duty.

29. Gunpowder, gun cotton, dynamite, Gunpowder &c.,
nitro glycerine, and all other explosive exempted from duty
matter whatsoever may be imported without

payment of duty, and shall be included
among those articles exempt from duty and
mentioned in Table " B" to *'Tlie Customs
Tariff Act, 1889.*'

BepeaL

30. The Acts mentioned in the schedule Repeal and Sav.
to this Act annexed are hereby repealed ; ings.

drovided that this repeal shall not affect :

1. The past operation of the enactments

hereby repealed or anything done or
suffered under the enactments hereby
repealed ; or

2. any right, privilege, obligation, or lia-

bility acquired, accrued, or incurred
•under the enactments hereby repeal
ed ; or

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840
LAWS OF BARBADOS.

3. any penalty, forfeiture, or punishment

incurred in respect of any offence
committed against the enactments
hereby repealed ; or

4. any investi^tion, legal proceeding or

remedy in respect of any such right,
priyilege, obligation, liabOity, penalty
forfeiture, or punishment as aforesaid
and any such investigation, legal pro-
ceeding and remedy may be carried
on as if this Act had not passed.

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34i
fc^ESSION OF 1889'90.

CAP LV.

(Assented to 28th October-, 1890.)

BARBADOS.

An Act to autlHrise the Vestry of the pwrish
of 8t, Lif-cy in this Idand to raise a loan
for the pti/rpose of repairing the Curate* s
house of St. Clement^s Chapel in the
said parish.

WHEREAS tlie Vestry of the pnnsh
of St. Lucy in this Island liave by
their petition to the Legislatnt-e of this
Island, prayed that they may bo authorised
to raise a loan of four hundred and fifty
pounds for the purpose of repairing the
Curate's house of St. Clement's Chajjel in
the said parish ; And Whereas it is deemed
expedient to grant the prayer of the said
petition; Be it therefore enacted by the
Governor, Council, aud Assembly of this
Island, and by the authority of tlie siime hs
follows : —

1. This Act may be cited for all purposes short title,
as " The St. Lucy's parish (Barbados) Loan

Act, 1890."

2. It shall be lawful for the Vestry of the emp^wSed^to^b^"?^
said parish of St. Lucy and they are hereby ^-ow on the secttrity
authorised from time to time as they may of the rates a sum
require the same, to borrow from any pei*son not exceeding jB^SO
or persons, body or bodies politic or eorpo- J^^* I'epairing the
ra^, willingtolend th^mthe same, a sum or st^^J^^en^^cVp^
sums of money not exceeding four hundred el.

and fifty pounds, to be applied by them in

repairing the Curate's house of St. Clem-

ent's Chapel in the said parish, and the sum

or sums so borrowed with intei*est thereon Position to be

at a rate not exceeding six pounds per ^^^^ ^y ^^^^ lo»n-

centum per annum shall be the first charge

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342

LAWS OF BARBADOS

on the rates of the said parish until paid.
Bates to be laid 3. For the purpose of repaying any sum
for repayment of or sums which may be borrowed as afore-
^^*°* said (not exceeding together the sum of

four hundred and fifty pounds) the said
Vestry are hereby authorised and required
to lay a late in the said parish in the year
one thousand eight hundred and ninety one,
and each of the five then next following
years, suflScient to pay an equal one sixth
part of the sum or sums which may be
ix)rrowed with the interest annually becom-
ing dne in those years, on the principal sum
and the unpaid balances thereof ; and such
rates are to be laid in the usual manner and
are to be subject to confirmation or amend-
ment in the usual manner.

Certificate of 4 When any sum or sums shall be bor-

rX^rtTel^ ^^^^^ ^« aforesaid, the Chairman, Church-

^grf warden, and Senior member of the said

Vestry in Vestry assembled, shall give to

the persons bodies politic or corporate from

whom any sum or sums may be borrowed -

certificates showing the amount borrowed,

and the names of the persons with their

proper additions, bodies politic or corporate

■from whom borrowed with the rate of

interest thereon, and appointing the times

, and the place of payment of principal and

re^ZeTof loan, interest ; which times aiid plaee of payment

are to be as follows, namely ; at the li'aro-

chial Treasurer's Office in the said parish

in the month of October in the six several

years in which the rates to pay the said

^ . loan and the interest thereon are to be laid

certifi^t^s""*''*'' ^ aforesaid. Such Certificates shall not

altogether exceed nine and shall l)e number

ed and dated, and no certificate shall be

issued for less than the sura of fifty pounds

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343

SESSION OF 1889'-90.

The Certificates shall be made iu the words Form of certifi-
er to the effect in schedule A to this Act. cates.

5. An entry or memorial of every such Memorial of each
Certificate containing the number and date certificate to be
thereof and the names of the persons (^ ith kept by the Paro-
their proper additions) bodies politic or chial Treasurer,
corporate to whom the same shall have
been made, and of the sums borrowed
together with the rate of interest to bo paid
thereon and the month in each year and the
years in which the sums mentioned iu the
several certificates are appointed to he paid,
shall within fourteen days after the date
thereof be entered in a book to be kept for
that purpose by the Parochial Treasurer of
the said parish, which book may bt* piTused
at all convenient hours of the day hy any
persons interested in any certificate, upon
payment of a fee of six pence to the Paro-
chial Treasurer. All persons bodies f>olitic Ti-atxafor of cer-
or corporate to whom any such epjtificates tificates.
shall have been issued as aforesaid, or who
shall have become entitled to the money due
thereon, may from time to time transfer
their respective rights and interests therein
to any other persons bodies politic or corpo-
rate. Any transfer thereof may be in liie Form of transfer,
words or to the effect in schedule B to
this Act, and must be attested by two wit-
nesses. Every such transfer shall be pro- Transfer to be
duced to the Parochial Treasurer of the not^d by Parochial
said parish, who shall cause an entry or l'^*^^'^^^''-
memorial to be made thereof in the same
manner as of the original certificates for
which entry or memorial the Parochial
Treasurer shall be paid such sum as the
Vestry shall appoint, not exceeding two
shillings and six pence. After such entry Effect of tmnsfer*
made, every transfer shall respectively entitle

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344
LAWS OF BABBAJ>08

sueh assignee or his executors administra-
tors or assigns to the full benefit of the cer-
tificate and payment thereof, and it shall not
be in the power of any persons, bodies politic
or corporate who shall have made such
transfer, to make void, release or discharge,
the transfer or any sum of money thereon
due or owing thereon or thereby secured, or
any part thereof .

6. No transfer of any certificate issued
Transfer not valid under the authority of this Act shall be of

until noted. any force or validity so far as regards the

payment of interest or for any other purpose
until the same shall have been duly noted in
the book to be kept for that purpose by the
Parochial Treasurer.

7. On the day or respective days ap-
pointed in the said certificates for the pay-
ment of the interest, on the principal moneys
named therein, the Vestry shall on demand,
pay through the Parochial Treasurer of the
said parish at his office to the holders of
the respective certificates such interest
money and on the day or respective days
appointed in the said certificates for the
payment of the principal moneys named
therein the said Vestry shall also on demand
pay through the Parochial Treasurer at his
office to the holders of the respective cei-
tificates the several amounts of principal
money named therein respectively, together
with all interest due or payable thereon up
to the day on which the principal money
shall have been respectively made payable.

8. From and after the day appointed in
each certificate for the payment of the
principal money named therein, all interest
shall cease and determine in respect of the

Payment of inter-
est and al3r> of prin-
cipal.

Interest on certi-
ficate when to cease.

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345
SESSION OF 1889' 90.

principal money named in sach certificate
and that notwithstanding that payment of
the principal money named in such certifi-
Ctite shall not have been made or demanded.

9, Whenever any interest money shall be
paid to any holder of a certificate on the
principal money named in such certificate, a
receipt for such interest money shall be
endorsed on such certificate and signed by
the person or persons receiving such interest
money, and a duplicate receipt for the
interest shall at the same time be given by
the same person or persons to the Paro-
chial Treasaer to be filed by him in his
ofl&ce, and every certificate shall together
with the transfers thereof (if any) at the
time of the payment of the principal money
named in such certificate together with
all interest thereon as aforesaid, be deliv-
ered up to the Vestry and shall forth-
with be by them cancelled or destroyed ;
provided that if any certificates or trans-
fers shall have been destroyed lost or
mislaid, the Vestry shall still pay the
sums named in the certificates to the per-
sons, bodies politic or corporate, whom they
may consider entitled to the same upon
being satisfied at the cost of such persons,

' bodies politic or corporate that such certifi-
cates have been destroyed or cannot be
found, and upon receiving such sufficient
guarantees of indemnity as they may think
fit to require or may by their Counsel in
the law be advised to require.

10. The said Vestry are hereby author-
ised and required to lay a rate at the same
time thxt the an null rates are laid in the
said p-irish for th3 purpose of meeting the
CD3t of preparing and pissiig this Act, and

Receipt for inter-
est to be endorsed
on certificate and
when principal paid
certificate to be can-
celled.

Proviso-

Costs of and ex-
penses under A.ct,
how met.

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346

LAWS OF BAEBADOS

for defraying all expenses incurred by them
from time to time in carrying out tne pro-
visions of this Act.
Majority of Ves- H. All acts matters and things authorised
f^ th^* *u** ^8^^^ ^^ necessary to be done or executed by the
Act. ^ P^^^®^ said Vestry under this Act may b-^ done and
executed by the majority of the members of
the said Vestry in meeting assembled.

SCHEDULE A

Ce&tificaie Numbbb.

*' The Si. Lucy's Parish (Barbados) Loan
Act, 1890/*

Form of certifi- ^^ ^he Chairman, Churchwarden and
^* ®* Senior^ Member of the Vestry of the parish

of St. Lucy in the said Island in Vestry
Assembled do with the authority of the said ;:
Vestry hereby certify, that the said Vestry
have under the provisions of the said Act
borrowed from of the parish

of in the said Island

the sum of pounds which; sum

has been paid to the said Vestry and such
sum is to be repaid at the Parochial TreaiS-
urer's Of&ce in the said parish of St. Lucy
in the month: of October 189 and is
meanwhile to carry interest at the rate of
per centum per annum and, such in-
terest is to be paid in the month of October
in every year at the Parochial Treasurer's
Office aforesaid.

Given under our hands this day

of 189

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SESSION OF 1889^-90.

SCHEDULE B

"The St Lucy's Parish (Barbados) Loan
Act, 1890.
I of Form of transfer.

<3o hereby transfer a certifiea4ie dated the
day of 189 made by

the Vestry of the parish of St. Luey in the
said Island under the provisions oi the
said Act for securing the sum of
poifnds and interest thereon and the money
thereby secured and all my right estate
and interest in and to the same to

of executors

administrators and assigns for value receiv-
ed.

Dated this day of

189 .

Witnesses :

CAP, LVI.

(Assented to 28th October, 1890.)
BAEBADOS.

An Act to amerid

1887:*

The Rum Duty Act,

BE it enacted by the Governor, Council
and Assembly of this Island and by
the authority of the same, as follows :

1. This Act may be cited as ** The Rum
Duty Act, 1887, Amendment Act, 1890,'* and
shall be read with " The Rum Duty Act.
1887," (hereinafter referred to as •* the prin-
cipal Act,") as one Act.

2. Section forty of the principal Act is _

hereby repealed and the following substitu- fringing ''section 39
ted therefor. In the event of any breach of of the principal Ae^

Short title.

Penalty for in-

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348

LAVIS OF BARBADOS

the provisions of section thirty nine of the
principal Act, both the person \>j whose per-
mission or authority such rum was sold, de-
livered, or removed as well as the person to
whom such rum was sold and delivered
shall respectively be liable to a penalty not
exceeding fifty pounds, and such rum may
be seized and sold for the benefit of the
Inspector may de- general revenue. Provided however that if
liver up rum seized the Inspector shall be satisfied that any
and refrain from rum seized under a permit which had ceased
legal proceedings. ^ y^ ^^^ 3^^^^ subsisting had become liable
to seizure either through an accident or
from any unavoidable circamstance, and
that no fraud was intended, he shall return
such rum to the owner or purchaser thereof
and not institute any legal proceedings in
Person conveymg ^^^^"^^^ thereto. Provided also that any
rum under an ex- person conveying rum under a permit which

Sired permit may during the conveying thereof had ceased to
eposit it at police be valid and subsisting may take such rum
station. ^ ^r^^ leave it at the nearest police station ;

or guard house until the time of the permit !

shall be extended bv the Colonial Treasurer, \

the Inspector of Inland Eevenue Officers, or !

by any Inland Eevenue Officer, and such rum j

shall not be liable to seizure either while \

being conveyed to such station or guard- J

house or while it is there, and the officer in J

charge of such station or guard-house shall
be liable for the safe custody and care of
such rum while there.
Bepeal and penal- 3. Section forty five of the principal Act
ty for breach of sec- is hereby repealed and the following substi-
tion 44 of the prin- tuted therefor. Every person who fails to
cipa ct. comply with the requirements of section

forty four of the principal Act shall be lia-
ble to a penalty not exceeding fifty pounds
and in addition to such penalty the rum so

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349

SESSION OF 1889*90.

being conveyed or removed may be seized
and sold for the benefit of the general reve-
nue.

4. In section forty six of the principal Act Amendment of
in line seven substitute the words " not ex- section 46 of said
ceeding " for the word " of.'*

Act.

CAP LV.

(Assented to 28th October, 1890.

BARBADOS.

An Act to incorporate into one Act certain
pensions grcmted by resolution of the Leg-
islature during the Session of 1889-90.

WHEREAS it is deemed expedient to
incorporate into one Act certain pen-
sions granted by resolution of the Legis-
lature during the present Session ; Be it
therefore enacted by the Governor, Council
and Assembly of this Island, and by the
authority of the same, as follows ;

1. From and after the passing of this Act Grant of the sev-
the Treasurer of the Island shall, and he is eral pensions spec-
hereby authorised to pay annually, in equal ^^*^ ^^ ^^ Sche-
monthly payments from the public treasury persons fehere^
on the warrant of the Govemor-in-Execu- mentioned for their
tive Committee to the several persons men- respective lives,
tioned in column one of the schedule to this

Act annexed, during the term of their re-
spective natural lives, the sums mentioned
and set out in column three of the said
schedule against the respective names of
those persons.

2. The Colonial Treasurer is hereby in- j^ , ., . . ,
demnified for any payments made by him ColonS^^Treasurer.
in respect of any of the said pensions since

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I^WS OF BAKBABOS.

the twentieth day of February one thousand
eight hundred and ninety.

3. Immediately on the passing of this
' Effect of i^tfolu- Act the several resolutions of the Legisla-
• tions to cfease. ture granting the said pensions Shall becotne

' inoperative and (iease to have effect.

SCHEDULE.

Oohimn one.

Column two.

Column three.

Mra. E. C. King...

Late Teacher Re-
treat Infant

^ S. D

School ;

10 0 0

Benn Shepherd...

Late Schoolmast-

er Beulah...

10 0 0

Benjamin Elam...

Late Messenger
Custom's Depart-

ment

10 0 0

James S. WftlkOi*

Late Foreman

J^e Brigade

22 10 0

Short title.

CAP. LVIII.

(Aeeented to 2%ih October, 18W,)
BAEBADOS.

An Act to amend ** The Sale of Food amd
Drugs Act, 1889:'

BE it enacted by the Grovemor, Council
and Assembly of this Island, and by
the authority of the same, as follows ;

1. This Act may be cited as ** The Sale of
Food and Drugs Act, 1889, Amendment
Act, 1890," and shall be read 'with "^The

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351

SE^ION OF 1889-?9(>.

Sale of Food and Drugs Act, 1889," (hiere-
inafter referred to as the " principal Act,'')
"Bs one Act.

2. Any parochial medical officer, sanitary Officers herein
inspector, or inspector of weights and mea- mentioned may ob-

sures, or any inspector of a market, or any **?fj * i.?*°^?^® ^!
i./v»* jji 1 '<» imiK at tne place *^f

pohce officer may procure at the place of delivery to submit
delivery any sample of any milk in course to analyst,
of delivery to the purchaser or consigjiee in
pursuance of any contract for the sale to
such purchaser or consignee of such milk
and such officer, inspector, or police officer
if he suspect the same to have been sold
contrary to any of the provisions of the
principal Act, shall submit the same to be
analysed, and the same shall be analysed,
and proceedings shall be taken, and penal-
ties on conviction be enforced in like man-
ner in aE respects as if such officer, inspect-
or, or police officer had purchased the same
from the seller or consignor under section
sixteen of the principal Act.

3. The seller or consignor or any person penalty for refusal
or persons entrusted by him- for the time to give milk for
being with the charge of such milk, if he analysis

shall refuse to allow such officer, inspector,
or police officer to take the quantity which
such officer, inspector, or police office t- shall
require for the purpose of analysis, shall be
liable to a penalty not exceeding ten pounds.

4. Any officer authorized to ta^e samples samples of but
under the principal Act may, without going ter &c., may be
through the form of purchase provided by taken without going
that Act, but otherwise acting in all res- through the form
pects in accordance with the provisions of ^^ p^rchaw.

the said Act as to dealing with samples,
take for the purposes of analysis, samples of
any butter, or substances purporting to be

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352

LAWS OF BARBADOS.

butter, which are eroosed for sale, and are
not marked * Margarine/ ^Oleomargarine' or
*Butterine,' as provided by the principal
Act ; and any such substance not being so
marked shall be presumed to be exposed for
sale as butter.

CAP LIX.

{Assented to' 28th October 1890,)
BARBADOS.
An Act to consolidate the Acts relating to

the BefomuUory and Industrial School,

^E it enacted by the Governor, Council,
► and Assembly of this Island, and by
(he authority of the same as follows : —

Preliminary,

Short title ^' '^^^ '^''* ^^^ ^ ^^^^^ ^ " ^^^ Refor-

matory and Industrial School's Act, 1890."

Meaning of terips ^' ^^ ^^^^ -^^^ unless the context other-
used, wise requires —

the term "school shall mean the refor-
matory and industrial school established
under the provisions of this Act ;

the term "magistrate" shall mean poUce
magistrate having jurisdiction in the place
where the matter requiring the cognizance
of a magistrate arises ;

and the term "Executive Committee"
shall mean the persons for the time being
constituting the Executive Committee under
the provisions of ** The Executive Commit-
tee Act, 1881."

The school and its officers.

3. The plantation called " Dodds" sit-

*'Dodd8" vested in uale in the parish of Saint Philip to-

Executivo Commit- g^^l^^r with all buildings now standing or

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353

SESSION OF 1889'90.

being erected thereon, and all the appurte-
nances thereof are hereby vested in the
Executive Conuaittee.

4 The school established by the Execu- School to be kept
tive Committee oil the said plantation for up by the Executive
the instruction and training, and for the Committee,
employment in agrieul; ural work of such
boys as are hereinafter in this Act specified
shall be kept up by the Executive Commit-
tee.

5. It shall be lawful for the Gk)vernor-in' Governor-in-Exe-
Executive Committee by proclamation, to cutive Committee
authorise and cause any land or building '^^J by proclama-
they may think fit, to be used as a reforma- ^^^^ of a^^^'^'w or
tory and industrial school, and any land or builcUng°as a*^for-
building so authorised to be so used shall be matory and indus-
subject to the provisions of this Act, and trial school.

the provisions ot this Act shall take effect
in all respects as if such land or building
were included in the term "school," defined
in section two of this A<tt.

6. The Executive Committee shall erect on Committeti to erect
the said plantation all such buildings as are suitable buildings,
required for any school thereon for the pur-
poses mentioned in the last preceding section

of this Act.

7. The Executive Committee shall, when Committee to make
and so often as is necessary, make all such alterations and re-
alterations or repairs as may be requisite in P*^^®*

all buildings erected on the said plantation.

8. The Executive Committee shall pro- To provide f ami-
vide for the school all such furniture as is ture and implements

... J V n 1 -J n i_ «xc., for agricultural

requisite, and shall also provide all such -^ort

implements, utensils and things as are re-
quired for the agricultural work in which
the bovs sent to the school are employed ;
provided always that nothing in this or the end^^'morr th^n""'
preceding section contained shall be held to ^200 in*a\ea^un-
empower the Executive Committee to expend i^s n authorised.

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354

LAWS OF BARBADOS.

any sum or sums d money for the purposes
mentioned in those sections exceeding two
hundred pounds in any one year unless
airthorised by special rote on the Eistimates
^^nT'' ^ *^**" ^- "^^^ Governor shall, when and so
point OflioerB. ^^^^ ^^ -^ ^^^^^gary, appoint the sereral

officers next hereinafter mentioned at the
several annual salaries hereinafter specified,
(that is to say :)
Salaries. ^ Superintendent, at an annual

salary of cfi^O

a Chief Officer and Steward, at

an annual salary of dglOO

a Chaplain at an annual ^aryof J^ 30
a Schoolmaster, at an annual

sakryof £ 75

a Medical Officer, at an annual

salaryof £ 50

a Mati-on, at an annual salary of ^ 50
and such other officers as the Governor may
Proviso, salaries from time to time appoint ; provided always
not to exceed £m> ^jj^^. ^ j^^ g^,^ ^^ y^ expended imder this
*^®**^* section in any one year shall not exceed

Offices to be held eight hundred pounds ; and the several offi-
durinj? pleasure. cers when appointed shall all h<M tbtor
offices during the Qt)vernor*8 pleasure,
feialariespaidfrmn 10. The several s»iaries specified in the
public treawiry. last preceding section of this Act shall be
paid out of the public treasury on the wu*-
rant of the Govemor-in-BxecutiTe Com-
mittee by equal monthly instalments.
Superintendent H- The superintendent of the school

subject to approval shall, subject to the approval of the Execu-
to employ watch- tive Committee, employ such watchmen as
ironL*** ^^^^^ **'" ^^ necessary, and also such persons as may
from time to time be required to perform
any agricultural work on the said plantation
which the boys of the school are unable to
perform.

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865
SBSSIO>r OF 1889^90.

12. The snperintendent of the school Superintendent to
shall, subject to the approval of the Execu- ^^t^^^in^ ^^ges.
tive Committee, determine the rate of wages

to be paid io the servants and persons em-
ployed in accordance with the last preceding
section of this Act.

13. The Inspector of Prisons shall Le Inspector of Pria.
the official visitor of the school and shall ^'^^ ^'^^'^^ ^^'''*^''-
visit at least, once in every three months.

14. Every officer of the school who is officer oonveyin><
in charge of any boy sent to the school un any boy has power
der this Act for the piir|>08e of conveying *«., of a constable,
him to or from the school or of bringing him

back to the school in case of his escape or
r^usal to return, shall for such purpose and
while engaged in such duty, have all such
powers, authorities, protection and privileges,
for the purpose of the execution of his
duty as aa officer of the scliool as any duly
appointed constable has by common law.
Act of the Island, or custom, within the par-
ish for which he i^ appointed.

Rules mid Regulations.

16. The Goveraor-in-Executive Commit- ipitt^el^^Vke rul^s
tee shall, when and so often as is necessary,
make rules and regulations for all or any
of the following pui*pose8, (that is to say) ;

(1) for determining the duties to be Purposes for which

performed by the several officers "^* ®*
mentioned in section nine of this
Act and by the Inspector of Prisons
as official visitor of the school :

(2) for the proper classification of the

inmates of the school :

(3) for the training, education, and

moral and religious insta-HjCtion, for
the employment in agricultural

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356 •

LAWS OF BARBADOS

work and for the apprenticeship of
the l>oy8 sent to the school ; and
(4) for maintaining proi>er discipline
in and for the proper conduct and
management of the school. •
A sygtein of liiarka 16. The Governor-in-Execntive Commit-
a-Ad of rewards to ^^ ^^^^y make rules and regulations for the
establishment of the mark system at the
Reformatory and Industrial School, and for
rewarding by means of good conduct badges,
prizes and small money payments, those
boys who earn the requisite number of
marks, and for punishing by means of with-
drawal of privileges or by requiring the
J pei-formance of additional work, those boys

who through misconduct obtained bad
marks.
Govei-nor in Com- 17, Xho Governor- iti-Executive Oommit-

Ster^mlea'*^''' '''* ^^^ ^^3^ ^^^" ^"^ ""'' ^^^^" ^^ ^^ necessary

revoke or alter any rules or regulations

made under the two last preceding sections ol

this Act.

Rules' published ig. All rules and regulations and revo-

in Official Gazette ^.g^^j^j^g ^^^^^^1 alterations of rules or regula-

and to become law. . , i ^i ^1 i . j-

tions made under the three las: preceding

sections of this Act shall be three times
published in the Official Gazette, and when
so published shall become law and be bind
ing on all persons affected thereby.

Clasfies of hoys to he sent to the school.

Court or Magis- 19 Whenever any boy, who, in the judg-

trate may sentence ment of the court or magistrate before whom

boy under 16 t(> be he is charged, is under the age of sixteen

sent to the School, y^^^,^^ jg convicted on indictment or in a

summary manntjr of an offence punishable

with penal servitude or imprisonment, in

lieu of or in addition to any other punish-

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357

SESSION OF 1889.'90.

ment to which he may be subject, the court
or magistrate may sentence him to be sent
to the school and there detained for a period
of not less than two years and not more
than five years having regard to his age at
the date of his conviction ; provided always Proviso,
that a boy under the age of ten years shall
not be so dii'ected to be sent to the school,
(under the provisions of this section,) unless
he has been previously charged with some
crime or offence punishable with penal ser-
vitude or imprisonment, or is sentenced by
the Chief Justice.

20. Any person may bring before a mag- Boy under 16 com-
istrate any boy, apparently under the age of ing within descrip-
sixteen years that comes within any of the J*^°^ named may be
foUowing descriptions, namely; Srate *

that is found begging or receiving alms, Descriptions,
(whether actually or under the pretext of
selling or ofibring for sale anything,) or being
in any street or public place for the purpose
of so begging or receiving alms ;

that is found wandering and not having
any home or settled place of abode or proper
guardianship or visible means of subsistence ;

that is found destitute, either being an
orphan or having a surviving parent who is
undergoing penal servitude or imprisonment;

that frequents the company of known
thieves ;

that is lodging, living or residing with
common prostitutes, or in a house resided in
or frequented by prostitutes for the purpose
of prostitution ;

that frequents the company of common
prostitutes ;

And the magistrate before whom a boy is ^ • t^ *^
brought as coming within one of those des- after ^nquhy ^er
criptions if satisfied on enquiry of that fact boy to the school.

Digitized by VjOOQIC

358

LAWS OF BARBADOS

and that it is expedient to deal with him
under this Act may order him to be sent to
the schooi ; provided that if for the first
offence the parent or guardian of such child
shall appear before the said magistrate and
claim the child, such child shall be delivered
up to such parent or guardian on such parent
or guardian undertaking in writing to be
responsible for the good behaviour of such
child for the i>eriod of twelve months from
the day of the date thereof.
d^r'STa^^s: 21 Where ahoy apparently uader the
trate may order boy '^^^ ^' sixteen y«ars is charged before a
tD be sent to the magistrate with an offence punishable by
School. imprisonment or a less punishment and the

boy ought in the opinion of the magistrate,
(regard being had to his age and to the cir-
cumstances of the case), to be dealt with
under this Act, the magistrate may order
him to be sent to the school
on reprl^ent^ti^n of 22. \Vhere the guardians of the poor of
guardians of i)oor any parish represent to a magistrate that any
ordf^r any boy to be boy apparently under the age of sixteen yeara
Bent to the School, maintained in the almshouse of the pan&h is
refractory, or is the child of parents either
of whom has been convicted of a crime or
offence punishable with penal servitude, or
imprisonment, and that it is desirable that he
be sent to the school, the magistrate may, if
satisfied that it is expedient to deal wiUi the
boy under this Act, order him to be sent to
the school.
Boy under 12 23. Where any boy under the age of
:rry LrJtet twelve years is convicted before a police mag-
ced to be privately istrate of an offence punishable upon sum-
whipped, mary conviction, the police magistrate before

whom such person is convicted may, if he
thinks fit, instead of sentencing such boy to
apy other punishment, sentence him to be,

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i5d

.SESSION OF 1889^90.

as soon as practicable, privately whipped
with not more than eighteen strokes of a
tamarind or other similar rod by a meiaber
of the police force, in the presence, if he
desires to be present, of the parent or guar-
dian of the boy.

24. Every police magistrate who under Ma^strate may
the last preceding section of this Act sen- in addition to whip-
tences a boy to be whipped, shall have and pi^g order boy to
may exercise the same power to order him to ^, ^^^ ^ *^®
be sent to the school, as he would have had
and might have exercised, if he, instead of
sentencing such boy to be whipped, had
sentenced him to be imprisoned.

25.. Every order of a police nia-istiate .^^^^. ^ ^ ^^
under section twenty three of this Act shall nnmbfr of stpokea.3
specify the number of strokes to be inflicted.

26. Nothing in section twenty three of this

Act contained shall render punishable for Sectioa 23 net to
an offence, any boy who is not in the opin- W^^, ^ot^?^!
ion of the police magistrate before whom he ity to commit crime,
is charged, above the age of seven years
and of suflficient ca]:)acity to commit ciinio.

Removal to the school of boys to he there
detained.

27. The keeper or other person in charge ^^^

of any prison having in his custody any boy aer'^LcUon 17 to'be
sentenced under section nineteen of this Act delivered with war-
to be sent to the school, shall at the appoint- rant to Superin-
ed time deliver such boy into the custody of tendent or person in
the superintendent or other person in charge ^'l^^-'^e c^ school,
of the school together with the warrant or
other document in pursuance of which such
boy was imprisoned and is sent to the school.

28. Any order of a magistrate, under this Order of Magis-
Act sending a boy to the school shall be in trates speetfyaig
writing signed by the magistrate and shall P*^<>d of d^n;tion
specify the time for which the boy is to be ^^^^|^ "^"^^ «*^
detained in the school, being such time as to

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360

LAWS OF BARBADOS.

the magistrate seems proper for the teach-
ng and training of the boy,but not in any case
extending be3a)nd the time when the boy
will attain the age of sixteen years.
Order to be f«r- 29. Every such order as mentioned in the
warded to Super- j^g^ preceding section of this Act shall when
intendent with boy. ^^^^^ ^^ forwarded to the superintendent or
other person in charge of the school together
with the boy to whom such order relates.
Governor in Com- 30. The Governor-in-Executive Commit-
mittee to make ar- ^^^ g^^^n ^^.^^^^ ^-^^^^^ to time make su:di ar-
rangements for pro- , , J.
visions of sections fangemonth' us may be- necessary for carry-

27 and 29. ing out the provisions of sections twenty

seven and twenty nine of this Act.
Possession of war- 31. The possession of any such warrant,
rants or order, un- or order as is mentioned in sections twenty
der sections 27 and ^^^^^ ^^^ twenty eight of this Act shall be

28 somcient f or con- ^ • j. 4.1 -r^ i> xi ±
veyingtoanddeten- ^ sufficient authority for the conveyance to
tion in School. ^^^ detention in the schoM, of the boy to

whom such warrant or order relates.
License to live out of school and appren-
ticeship.

Superintendent 32. The superintendent of the school may

with approval of at any time after the expiration of eighteen
Governor in Com- mouths of the period of detention allotted to
mittee to license boy ^ y .^^^ ^-^^^^ ^,^^, approval of the Gover-
to live with trust- • t? x- /^i -^^i u t j

worthy person. nor-m-Executive Committee by license under

his hand permit such boy to live with any
trust woi-thy and respectable person, named
in the license, who is willing to receive and
take charge of hiin ; and may in such license
with such approval as aforesaid, insert a^y
such conditions as he thinks fit as to the
employment of the boy to whom such license

Y*(*ln t.f*^

license not to be 33 'j^ ^j^^^g^ panted under the preced-
lor more than 3 . i.- i? .i • a x i n ^ i - £

months but may be ^S section of this Act shall not be m force
renewed. more than three months, but may at any

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361

SESSION OF 1889.'90.

time before the expiration of such three
months be renewed, (with the approval of
the Governor- in Executive Committee,) for
a further period not exceeding three months,
to commence from the expiration of the pre-
vious period of three months and so from time
to time until the period cf detention of the
boy to whom such license relates has expired.

34. Any license granted or renewed under Superintendent
section thirty two or thirty three of this Act with approval of
may with the approval of the Governor-in Governor in Corn-
Executive Committee, be revoked by tlie j?^'^^/^ /^^^ "^^^^^^
superintendent of the school by writing

under his hand at any time before the
expiration of the period for which the same
would otherwise remain in force and there-
upon the boy to whom the license related
may be required by the superintendent by
writing under his hand to return to the
school.

35. The time during which a boy is ^^^^ ofUcense
, . /. J.1- 1- 1 • £ counted as part of

absent from the school in pursuance of a detention at the

license granted or renewed under section School.

thirty two or thirty three of this Act, shall,

(except where such license has been forfeited

by his misconduct), be deemed to be part

of the time of his detention in the school

and at the expiration of the time fixed by

his license or renewed license he shall be

taken back to the school.

36. Any boy escaping from the person Penalty on es-
with whom he is placed in pursuance of sec- caping from person
tion thirty two or refusing to return to the .^'^.f^^f^^ g^^
school at the expiration of the time fixed turn to School at
by his license or renewed license, or when expiration of license
required to do so on the revocation of his '"^^
license, shall be liable to the same penalty

as if he had escaped from the school itself.

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362

LAWS 01? BARBADOS.

Power of super. 37. The superintendent of the school
'^^^^G^verno?^ ^^*^^ ^^^ approval of the Govemor-in^Execu-
fn'lcommitfcee^ap- <^ive Committee may at any time after a boy
prentice boy. has been placed out on license as afore>

said, if he conducts himself well during his
absence from the school, bind him. with his
own consent apprentice to any trade, calling,
or service, notwithstanding that his period
of detention has not expired, and every
such binding shall be valid and effectual to
Apprenticeshipout aU mtents. .,,,/,, , , ,

of the Colony of Re- 38. The superintendent of the school, at
formatory and In- any time after the expiration of eighteen
dustrial school boys months of the period of detention allotted to
a boy may with the approval of the Gover-
nor-in-Executive Committee and with the
consent of tbe said boy and with or without
the consent of his parent by indenture under
hand and seal bind the said boy to perform
such work, labour, or service for such per-
son in such British colony or possession on
such terms and subject to such conditions as
are respectively named and specified in the
said indenture, for any period not exceeding
three years determinable as hereinafter in
this Act mentioned.
Provisions which 39. Every indenture entered into under
every indenture ^^his Act shall after approval of its terms by
shall contain. ^j^^ Govemor-in-Executive Committee be

executed by the superintendent of the Re-
formatory, by the boy to whom it relates,
and by the person such boy agrees to serve ;
and shall contain provisions to the following
effect, namely ;

(1) a provision binding the boy to do and
render the work, labour and services
of the nature and extent therein des-
cribed.

(2) a provision binding his employer to

Digitized by VjOOQIC

363

SESSION OF 1889'90.

pay him the rate of remuneration or
wages therein specified, and also to
supply him free of charge, with food,
lodging and clothing, and with medical
aid and medicine whenever necessary.

(3) an agreement that (so far as the ob-
ject can be effected by agreement be-
tween the parties) the indenture shall
be enforceable and proceedings may be
taken iu respect of any breach thereof
in the magisterial or Petty Debt
Courts of the district of the colony to
which the boy is going ; provided al-
ways that the court to which any com-
plaint is made by either party to such
indenture may in lieu of enforcing the
the same terminate the contract on
such terms as it thinks best.

(4) a provision binding the employer to
furnish the superintendent of the
Reformatory with any information
as to the condition of the boy which
may be asked for by the said super-
intendent in person or by letter and to
permit the superintendent or any
person authorised in writing by him
to visit the boy at any time during
the day on giving the employer twen-
ty four hours previous notice of the
intended visit.

(6) a statement of the duration of the
contract.

40. The time during which a boy is ab- Period passed un-
sent from the school under an indenture der indenture deem-
made under this Act, shall, (except whpre ed part of term of
such indenture has been terminated owing <l^tention at s hool-
to his misconduct) be deemed to be part of
the time of his detention in the school, and
0.1 the expiration of the lime for which such

Digitized by VjOOQIC

364

LAWS OF BARBADOS

indenture is made Le shall if his term of de-
tention has not expired be taken back to the
school; provided that no boy shall be de-
tained beyond the age of twenty one years.
Punishment of 41. If any boy indentured under section
b-jys under inden- thirty eight of this Act is found in Barba-
ture found in Bar- ^qs without lawful excuse before the expira-
^^atkn of t^eir ^^^^ ^^ ^^^ ^^^^ ^^ ^^^ indenture he shall be
term of indenture, deemed to have escaped from the school and
be liable to the same penalty as if he had so
escaped.
Expenses of out- 42. All sums needed for the outfit of any
fit under this Act. boys emigrating under this Act shall be fur-
nished out of the sums voted on the annual
estimates for the upkeep of the Reforma
tory.

Offences in relation to the school.
Nej^leeting or re- 43. If any boy detained in the school wil-
uaiuK to conform f^{iiy neglects or wilfuHv refuses to conform
•chod ^^ *^^ ^^^®^ thereof he may for every such

offence be ordered by the superintendent to
be whipped with a birch or tamarind rod or
suitable cane, the punishment not to exceed
eighteen stripes, or to be kept in solitary
confinement for such period not exceeding
five days as the Govemor-in-Executive Com-
mittee may by any regulation determine ;
such i^eriod of confinement shall not be
computed as part of the boy's time of deten-
tion. But no such order shall be carried
out unless approved of by the Governor
who shall have power to alter, vary or
annul the superintendent's order ; provided
always that for maintaining discipline during
school hours the schoolmaster may with the
approval of the superintendent inflict not
more than six stripes with a cane or slender
rod, and provided also that any boy ordered

Digitized by VjOOQIC

365

SESSION OF 1889*90.

by the superintendent to be punished may
be kept separate from the other boys until
the Governor's will in the matter is commu-
nicated to the superintendent.

44. If any boy sentenced or ordered to be PoWv?r t^ appr«.
detained in the school escapes therefrom, he hend boy escaping
may at any time before the expiration of ^^^^ School.

his period of detention be apprehended with-
out warrant, and if the superintendent of the
school think fit, but not otherwise, may,
(any other Act to the contrary notwithstand-
ing), be then brought before the magistrate
of the parish in which he is found or of the
parish m which the school is situate ; and ^g^^^^jf^"'^''^ ^''''
he shall thereupoa be liable on summary ®^^*P^^^-
conviction to be whipped not exceeding
twenty four stripes with a rod, an^ he shall
be brought back to the school there to be
detained during a period equal to so much
of his period of detention as remained un-
expired at the time of his escaping.

45. Any person who commits a i y of the ^« . .
ji n . "^ £. /xu X • X \ Offences aiajftinst
following offences, (that is to say) ; ^^^ ^^^

(1.) knowingly assists, directly or indi-
rectly, a boy detained in the school to es-
cape therefrom ;

(2.) directly or indirectly induces
such boy to escape from the school ;

(3.) knowingly harbours, conceals or
prevenis from returning to the school or
assists in harbouring, concealing or prevent-
ing from returning to the school any boy
who lias escaped therefrom ; shall, on sum-
mary conviction before a magistrate, be
liable to a penalty not exceeding five pounds,
or at the discretion of the magistrate, be im-
prisoned with or without hard labour for
any term not exceeding two months,

Digitized by VjOOQIC

366
LAWS OF BARBADOS

Di$eh4Mr§€ of boy» from the school.

After 16 bov not '^' ^ ^^ ^^^ ^® ^^^^'^ ®®^*' ^ *^^

to be detained with- »^hool under sections twenty one or twent-

out his consent in two of this Act, shall not after he has at

writing. tained the age of sixteen jears be detained

in the school except with his own eoni^nt

in writing.

Governor may or- ^^ The Governor may at any time o«3er
der jdischarges un- any boy to be discharged from the school
conditionally or on either unconditionally or on terms to be
terms. stated in the order for his discharge.

Expenses and earnings of the school.

Payment to be 48. The guardians of the poor of any par-
made und^r sec. 20 ish from which a child is sent to the Refor-
fixS^at one'ihnitn ^ matory and Industrial School under section
per week"^ ^ * *°^ twenty one erf this act shall pay to the su-
perintendent of the Reformatory on the
first day of each month a sum equal to the
rate of one shilling per week for the main-
tenance of such child at the school during
the preceding month.
Parent or step- 49. The parent or step-parent or other
parent liable for person legally liable to maintain any boy
maintenance. detained in the school shall, if of sufficient

ability, contribute to his support and main-
tenance therein a sum not exceeding two
shillings per week, and in determining the
legal liability of any such parent or step
parent or other person under this section,
ccMnmon reputation as to the relationship
existing between such persons and the boj
shall be sui&cient.

50. On the complaint of the superinten-

MSst^?^ tore, dent Of the school or of any police officer

quire into ability to ^-t any time during the continuance of any

maintain. boy in the school the magistrate having

jurisdiction at the place where the parent,

stepparent or other person liable to n^ip-

Digitized by VjOOQIC

36?

SESSION OF 1889'.90.

tain such boy resides, may on summons to
the parent or step-parent or other person
liable as aforesaid examine into his or her
ability and may if he think fit make au
order on him or her for the payment to the
superintendent of the school or to any agent Order to maintain
appointed by him in writing of such weekly ^^^^^^^®^^ 2/- per
sum» not exceeding two shillings per week ^
as to him seems reasonable during the whole
or any part of the period for which the boy
is liable to be detained in the school, and in
default of payment the same shall b« re-
covered by the superintendent as in the case
of servsttits' wages. The expression snp*^ riu-
tendent, or superintendent of the school in
this section and in section fifty two shall
be deemed to mean and include any agent
authorised tjj him in writing.

51. Every such order as is mentioned in

the last preceding section of this A^.'t may tiSTaymenf ^
specify the time during which the payment ^ ^

is to be made or may be until further order.

52. Any magistrate having jurisdiction Magistrate may
to make such order as is mentioned in sec- vary order.

tions fifty and fifty one of this Act
may from timo to time vary the same as
circumstances require on the application
either of the person on whom the order is
made or of the superintendent of the school
on fourteen days notice of such application
being first given to the superintendent of the
school or to such person as the case may be.

53. The Grovemor may in his discretion Governor may re-
remit aU or any part of any payment order- mit payment orpart
ed to be made under section fifty dt

this Act.

54. All sums of money received by the Monies under or-
superintendent of the school under orders ders &c.. paid into
made in accordance with seetioin fifty Treasury.

Digitized by VjOOQIC

368

LAWS OF BARBADOS.

of this Act, and all sums of money realized
hy the sale of the produce of the lands of
the said plantation, shall be paid at the end
of each month into the public treasury to
the credit of the general revenue.
Accounts to be 55. The accounts of the school shall at all
audited. times be open to the inspection of the Audit

tor General, who is hereby required to audit
the same annually.

Conditional pardons.

Governor may ^^' ^^^^^ h^^iovQ or after the passing of
commute any sec- *'^^® ^^^ ^ ^^7 ^^^ he^^n or is sentenced to
tence by ordering transportation, penal servitude or imprison-
boy to be sent to ment, and such boy is pardoned by the Gov-
the school. emor on condition of his going to the

school, the Governor may direct him if
under the age of sixteen years, to be sent
to the school and thereupon such boy shall
be deemed to be subject to all the provisions
of this Act as if he had been orginally sen-
tenced to detention in the school.

Exemption from attending school.

-^ . 57. After any boy has passed an exam-

in?^n%x^nK'««««'iof <»»* *o»''»i ^^'^^^rA prescribed
of standard 4 need by the Rules and Regulations for public
not attend school. Elementary Schools such boy may be em-
ployed at work during school hours in lieu
of attending school.

Legal proceedings and evidence,
58. "The Justices of the Peace Procedure

pJlcV'&durf* ^*^*' 18«<^'" ^l'*" •'PPly *« "^ offences, pay-
Act 1860" applica- nients and orders in respect of which juris-
ble to this Act. diction is given to a magistrate by this Act
or which are directed to be prosecuted en-
forced or made in a summary manner, or
upon summary conviction.

Digitized by VjOOQIC

369
SESSION OF 1889'-90.

59. The production of the order, warrant Production of or-
or other document hy or in pursuance of ^^f «^c» *|^ ^^^ s*^^-
which a boy is directed to be sent to the J.'^^^.^^/bo^s^en't
school with a statement endorsed thereon, to the schooV
or annexed thereto, purporting to be signed
by the superintendent or other person in
charge of the school to the effect that the
offender therein named was duly received
i nto and is at the date of the signing thereof
detained in the school, or has been otherwise
dealt with according to law, shall in all pro-
ceedings relating to such boy be evidence
of the identity of, and of the due making of
the order for the detention of and of the
subsequent detention of the boy named
in the order, warrant or other document, so
produced.

60 In all proceedings taken before a pr^eeodings un-
police magistrate under this Acf, such pro- der Act to be in
ceedings and evidence shall be taken in writing? and deposi-
writing and the depositions of the witnesses tio^s signed,
shall be read over to and signed by them.

61. A copy of the rules and regulations ,. - ,

„ , i^'i ^- A ^. ^ ' Copy of rules

of the school purporting to be made m signed by Clerk of
Executive Committee and to be signed by Committee to be
the Clerk of the Executive Committee, shall evidence in all lesjal
be evidence of such rules and regulations in pi'oceedings.
all legal proceedings whatever.

Repeal,

62. The several Acts mentioned in the . Repea.1 and Sav-
schedule to this Act are hereby repealed ; *^^^'

provided always that such repeal shall not
affect

1. The past operation of the enactments

hereby repealed, nor anything done or

sufl'ered under the enactments hereby

repealed ; nor

Digitized by VjOOQIC

370
LAWS OF BARBADOS

any right, privilege, obligation, or lia-
bility acquired, accrued, or incurred
nuder the enactments hereby repeal-
ed ; nor

any penalty, forfeiture, or punishment
incurred in respect of any offence
committed against the enactments
hereby repealed ; nor

any investigation, legal proceeding oi*
remedy in respect of any such right,
privilege, obligation, liability, pen-
alty, forfeiture, or punishment as
aforesaid, and any such investigation,
legal proceeding or remedy may be
carried on as if this Act had not
passed.

Digitized by VjOOQIC

rJ2

SESSION OP 1889-'90

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125

Digitized by VjOOQIC

372
LAWS OF BARBADOS

CAP. LX.

{Assented to L^Sth October, 1890,)

BARBADOS.

An Act to amend the Barbados Railway
Company Act.

WHEREAS the Barbados Railway
Company have by their humble pe-
tition to the Legislature of this Island
prayed that an Act may be passed to ex-
empt the said Company from payment of all
duties and imposts on materials imported
for the renewals of its permanent way and
rollint? stock, and for the efficient mainte-
nance of the same, and have in their said
petition set forth grounds in support of
such prayer ; And Whereas it is deemed
expedient to grant such prayer to the extent
hereinafter specified ; Be it therefore enacted
by the Governor, Council and Assembly of
this Island, and by the authority of the
same, as follows;

Exemption from ^' ^^^ and after the passing of this Act
duty of machinery all machinery, locomotives, carriages,
Ac, imported for trucks, iron or steel rails, or manufactured
the use of the Bar- iiou work imported for the use of the
bados Railway Com- Barbados Railway Company are hereby
^ ^* exempted from the payment of all duties

and imposts.

f rtfi t f h ^^' ^P^^ *^^ production of a certificate
give^n to'^the Comp''- signed by the Manager of the said Company,
troller of Customs and countersigned by the Secretary setting
by the Manager of forth that the articles so intended to be
the Company. passed are for the use of the Barbados

Railway Company, the Comptroller of Cus-
toms shall pass the same through the Cus-
toms free of all duties and imposts.

Digitized by VjOOQIC

37S

SESSION OF 1889-'90.

CAP. LXI

{Assented to 28th October 1890.)

BAEBADOS.

An Act to prevent the takiriy capture or des-
truction of fish in or within the jurisdic-
tion of this Island hy the use of dynamite
or other explosive.

WHEREAS it is deemed advisable to
prevent the taking, capture or des-
truction of fish in or within the jurisdiction
of this Island by the use of dynamite or
other explosive ; Be it therefore enacted bv
the Governor, Council and Assembly of
this Island and by the authority of the
same, as follows ;

1. No person shall in or within the juiis- . ^ ^^ ^^^ ^ ^®
diction of this Island use dynamite or other ^^The'^Lfotetl
explosive for the taking, capture or des- mite or any other
truction of fish, and any person who shall explosive.

be convicted by any police magistrate of
having committed any offence under this
Act shall be liable to a penalty not exceed- Penalty,
ing five pounds, exclusive of costs, or in de-
fault of payment thereof within such time
as the magistrate shall specify, be committed
to prison with or without hard labour for
any period not exceeding one month.

2. Any person found committing any Offender may be
off'ence punishable under this Act may be ^^rr^t ^^^^''''^
taken into custody without a warrant, by

any police officer or other constable. t>

3. Any complaint for an ofience commit- offend '^
ted against the provisions of this Act mav

be laid before any police magistrate by any
police officer or constable or by any other
person.

Digitized by VjOOQIC

374

LAWS OF BARBADOS

Jurisdiction of 4. For the purposes of this Act the jurisdic-

Police Magistrates tion of the several Police Magistrates of the

Island shall extend seaward to a distance of

three miles from the coast of the Island.

ApDropriation of ^' ^^^^V P^J^^^lty imposed and recovered

peni^ties. under this Act shall be paid one half to the

prosecutor and the other half into the

public treasury for the use of the Island.

OAP. XLII

(Assented to 28th Octoher, 1890.)

BARBADOS.

An Act to provide pensions for Public Offi-
cers,

BE it enact^^d by the Governor, Council
and Assembly of this Island, and by
the authority of the same as follows :

Preliminary.

Short title 1- This Act may be cited as "The Pension

Act 1890.

2. The term " public officer " shall mean
and include.
Meaning of term. (1) every person however appointed who
" Public Officer." receives the salary or allowance attach-

ed to his office from the public treasury.

(2) The Actuary and clerks of the Sav-
ings Bank, and

(3) every person appointed by fche G-ov-
ernor to an office paid by fees, or whose
appointment to such office is subject to the
Governor's approval, and whose office is not
of a parochial nature.

PubUc Officers to ^- (1) This Act shall notapply toany public
whom the Act does officer the annual salary and emoluments of
not apply. whose office is less than fifty pounds or, sub

ject and without prejudice to section four here-

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376

SESSION OF 1889-^90.

of, to any public officer to whom any pension,
allowance, or gratuity can be or has been
under any existing law granted by the Gov-
ernment on his retirement : but a pension
may be granted hereunder to any public
officer who may within twelve months
immediately prior to the passing hereof have
retired from the service of the crown in this
Island and not be entitled under any per-
manent law to a pension.

(2.) — Every rector, vicar and curate of the Rectors &c., to
Anglican Church in this Island shall come come under it. *
under the operation of this Act, and
** The Incumbent's Resignation Act, 1889,"
80 far as the same is inconsistent with this
Act is hereby repealed.

4. Any officer whose salary is now liable oflBcera under The
to deductions under " The Superannuation Superannuation Act
Act 1870," shall have the option of coming 1870 to have the
under Part I or II of this Act, but must ex- option of coming

, ,. 'xi-' • j.\. rx under this Act.

ercise such option within six months after

the passing hereof. If any su( h ofiicer shall
declare his desire to come under this Act
the sum contributed by him to the Super-
annuation Fund shall be returned to him.

PART I.

Officers now serving in this Island.

5. Subject to the provisions hereinafter Public Officers
in this Act contained, public officers now now serving in the
serving in this Colony shall on retiiing from Colony entitled to a
the service of the Crown receive an annual "^^^l^"^ """^ ''®**'^''"
pension payable out of the public treasury

on the warrant of the Governor-in-Executive
Committee by equal monthly instalments.

6. The amount of the pension receivable Mode in which
by any public officer shall be for every year apount of such pen-
of service in this Island, one fiftieth of the "^J^/^^^^^ ^''°'-

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LAWS OF BARBADOS

average annual amount received bj the re-
tiring officer from any office or offices held
bj him for the five years immediately pre
ceding his ceasing to serve in this Island, or
(in case) of any officer Avho has not sen-ed in
this Island for five years) of the average
annual amount received by such officer from
any office or offices held by him for his yeRYu
of service in this Island; provided always
that in the ciise of any office wholly or in
j)art paid by fees, the average annual amount
received by the holder thereof for the afore-
said period shall, for the purposes of this
section, be the amount obtained by taking
the average annual net profits of the office
for the twenty years preceding the year m
which the officer retires ; and provided also
that in calculating the amount of any pen-
sion not more than twenty five years of
service shall in any case be taken into con-
sideration, and the term of sei vice reckoned
must in all cases have been continuous, except
in any case where the Oovernor-in- Executive
Committee shall be satisfied that the health
of any public officer had been broken down
in the exercise of h's employment in the
public service, and had left the same, but
afterwards re-entered it, in which case the
former period of time he was in such service
sball be counted in computing any pension
to be given him.
Condition to be 7, ;n'o public officer shall on retirement
fulfilled before a receive a pension under the preceding see-
pension be given. ^. i.ii- * x i ^

tions of this Act unless.

(1) He has been in the service of the
Crown for a period of not less than ten
years and

(2) a. he has attained the age of sixty
at the time of his retirement, or

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377

SESSION OF 1889-'90.

h, proves to the satisfaction of the Q-ov-
ernor-in-Execntive Committee that be is
permanently incapacitated either in
mind or body or b«>th, for discharging
his offioial duties, and that such inca-
pacity is not due to his own misconduct.

8. No public officer who is dismissed from No pension claim-
the Service shall be entitled to a pension ^-^^^ .^y.^'i. ^^^^^^
under the precedinp: sections of this Act. ^^^ '^ dismissed.

9. Anv public officer now serving m this Option of com-
Island shall have the option of comirg under '"1^^^^"^^^ existini
Part I or under Part II of this Act, but such officers. ^ ^^^^ ^"^
option must be declared within six months

after the passing of this Act.

PART II.

Officers first i^erving hereafter in this Island.

10. Every public officer hereafter obtaining ^^.^^ serving in the
an office in this Island, shall be required to Island required to
effect a policy of Assurance on his life on assure their lives,
the Endowment Systcin, and to keep on foot

and (if need be) incri^ase the same in accor-
dance with the provisions hereinafter in this

Act contained. ^ « , . .

n mi- J v 1 T Sum for wbich

11. The sum assured by such pohcy assurance is to be
shall be equal to thre3 times the amount effected.

of the annual psby and emoluments of the
office or offices held by such officer, and on
each occasion of such officer's being promoted
to an office or offices of higher value, the
sum assured shall l)e inci-eased so as to bear
the same ratio to the annual value of such
new appointment as the sum originally
assured bore to the annual value of the office
or offices first held, unless such officer is
unable on such promotion ^o pass the merl-
cal examination required before the amount
assured can be increased.

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LAWS OF BARBAl^OS

Term for which 12, Every such policy shall be effected for
policy is to run. ^ ^^Ym not less than that which must inter-
vene between the date of effecting the policy
and the daie when the person assured will
attain sixty years, provided be so long lives
the amomit assured bfting payable on^the
expiration of that period or on the death of
the person assured whichever event first
happens.
Payment of pre- 13. One half of the annual premium pay
miums thereon. ^^^^ ^j^ respect of every such policy shall be
paid out of the public treasury so long as the
oflicer thereby assured bolds any office in .
this Island.

poufy fs to' be t'Lk'en^ ^^- "^^^ Governor-iu-Executive Committee
* shall in every case detormine the Life Assur-
ance Office in which tbe policy is to be taken,
ed fn tL GoveTnor 1^' ^\^^y Pol^^.^ *>f assurance effected
for the time being, under this Act shall be vested in the Gover-
nv>r for the time being, and shall so long as
the Government retains any interest therein,
remain so vested and on any change of Gov-
ernors, no assignment shall be necessary to
transfer the sa!ne to and vest it in the Gov-
ernor taking office.
Rights of such ig. jf any public officer so assured con-

ment^'riWhfleTn *i^"^^ ^^ service in this Island until he re-
thi8 Island and after ^^^^'^ ^''^^ ^^^^ service of the Crown and re-
tbe end of the en- tires from such service after the tennination
dowment period. of the endowment period, tbe amount assur-
ed by hia policy and ail accumulations thereon
by way of bonus or otherwise, shall be paid
.to him .

T (^\^^^l^ ^^ J^'^l !''• I^ ^^V P"^^^^' ^ffi^^'r so assured con-

the end of the en' *?^^^^ ^" ^^^^^^^^^ ^'' ^^^« ^^^^^ ''^^^ ^^ ^^'

dowment period ^^^^^ ir<^''» ^^i^ service of the Crown, bul

from incapacity. owing to permanent incapacity of mind or

body or^ both for discharging his official

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SESSION OF 1889'.90.

duties, retires from such service before the
termination of the endowment period, he
shall have the option of receiving the full
surrender value of the pohcj effected by
him, or of having the policy assigned
to him by the Governor for the time
being, and in the event of such assign-
ment being made, no part of the pre-
mium payable thereafter on such poHcy
shall be payable out of the public treasury ;
or he may elect to take a pension under Part
I of this Act, provided he complies with
section seven hereof, and if he receives a pen-
sion thereunder he shall cease to have any
claim on the policy effected by him, and on
the moneys secured thereby and to be under
any liability in respect of the premium
payable thereon, but such option must be
declared within six months after he is so
incapacitated and retire from his office.

18. If any public officer so assured con- .
tinues on service in this Island uhtil he re- ij^^^^ ^het^ll
tires from the service of the Crown and re- ^jj^ q^^^ ^f ^y^^ ^^^
tires from such service before the tennina- dowmftnt period
tion of the endowment period for any other owing to any ciuse
reason than that mentioned in the last pre- ?^^®^ ^^^^ incapac-
ceding section of this Act, one half of the * ^*

surrender value of the policy effected by
him shall be paid to him on his retirement,

19. If any public officer so assured leaves i^i^hts of snch
this Island to go elsewhere in the service officer on leaving?
of the Crown, he shall have the option of this Island without
taking the full surrender value of the pol- retiring.

icy effected by him or of having the policy
assigned to him by the Governor for the
time being, and in the event of such assign-
ment being made, no part of the premium
payable thereafter on such policy shall bo
payable out of the pablic treasury^

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LAWS OF BARBADOS

FJigbfcs of 8uc\y 20. If any public officer so assured is,
Officer on dismissal, while iu the Island, dismissed from the ser-
vice of the Crownjie shall be paid one halt
of the surrender value at the date of his
dismissal of the policy effected by him, and
shall cease to have any further claim on
such policy.
Provieion for fu- . '^^' ^^ ^".V public officer hereafter obtain-
tare Officers who ^^n ^^ office in this Island is unable to effect
are unable to pass an assurance on his life owing to being un-
the medical exam- able to pass the necessary medical examina-
ination required for ^ion, an amount equal to' that of the annual
insurance. . i • v ^ i j r i ri

premium which wi>uld have been payable on

any assurance effected by him under this
Act, shall be annually deposited in the Sav-
ings Bank in the names of the Governor
and Colonial Treasurer, and the amount of
such annual deposits with the accumulations
thereon at compound interest shall in all
respects be treated and dealt with under
the foregoing provisions of this Act, as if
the same were the sum assured or the sur-
render value of a policy as the case may be,
mentioned in those sections, and the amount
annually so deposited in the Savings Bank
shall be contributed in equal proportions
by such public officer and the public trea-
sury, and one twelfth of the proportion to
be contributed by such public officer shall
be deducted monthly by the Colonial Trea-
surer from the salary payable to such pub
lie officer.

Powei for C 1 - ^^* ^^ ^^^^ ^c lawful for the Colonial
nial Treasurer to Treasurer if on any occasion the part of the
deduct the part of annual premium payable by any public offi-
the premiums pay cer is not paid by him, to pay thes^me and
able by any Officer to deduct the amount so paid f i*om the next
from his salary. payment or payments in respect of salary to
be made to such officer.

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SESSION OF 1889.'90.

23. For the purposes of sections eleven Mode of calcula-
and twenty one of this Act, the annual value *!?« annual value
of an office wholly or in part paid by fres, f^^^'' "^^^^ ^^ ^^
shall be the average annual net profits there-
of for the twenty years immediately prece-
ding the year in which its value is required

to be ascertained.

24. This Act shall not come into opera- Suspend -n^ sec
tion unless and until the officer administer- ^i^'o-

ing the Government notifies by proclama-
tion that it is Her Majesty's pleasure not to
disallow the same, and thereafter it shall
come into operation upon such dav as the
officer administering the Government shall
notify by the same or any othor i)rooiauia-
tion.

CAP. LXIII.

(A88e7ited to 28th Octohet 1890.)

BAEBADOS.

An Act to exempt all machinery, and appar-
atus respectively imported by The Green-
land Industries Company ^ Limited and
any other Company or person ^ for the
purpose of maiiufacturing bricks, tiles,
cement, pipes, and other articles of the
like nature, from the paymeni of all
duties and imposts of every hind.

WHEREAS The Greenland Industries
Company, Limited, have presented
their humble .petition to the Legislature
praying, for the reasons set forth in the
said petition, that all machinery, materials
and apparatus from time to time imported
by the said Company for the purpose of
manufacturing bricks, tiles, cement, pipes

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LAWS OF BAKBA1X)S

and other articles of the like nature, and for
renewing the same as it shall from time to
time become worn and useless, shall be
exempted from the payment of all duties
and imposts of every kind ; And Wher^s
it is deemed expedient to grant the prayer
of the said petition to the extent herein-
after specitied and to extend the like advan-
tage to all other Companies and persons who
may import the like machinery and ap-
paratus ; Be it therefore enacted by the
Q-overnor Council and Assembly of this Is-
land and by the authority of the same, as
follows ;
Exemption from 1- ^^^ machinery, and apparatus from
duty of machinery time to time imported into this Island by
Ac. imported for the 8aid Company, or by any other Com.-
the manufacture of pany or person for the puqx>ses aforesaid,
bricks Ac., gi^^jj 1^, exempted from the payment of all

duties and imposts ol* every kind.

CAP. LXiY.
(Assented to 28th October y 1690.)
BAEBADOS.

An Act to consolidate the Acts relating to
the recovery o/ small debts.
^E it enacted by the Governor, Coimci^
and Assembly of this Island, and by
the authority of the same as follows ;

Short title.

Short title 1- This Act may I e cited as ** The Petty

Debt Act, 1890.'

Part I.

Courts, Judges, and Officers.

Bural Police Mag- 2. The several Police Magistrates presid-
istratea and Judge ing in the rural Petty Debt Courts of this

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SESSION OF 1889-'90.

Island shall be termed the Judges thereof ; of Petty Debt Court
and they and the Julge of the Petty Debt ^^^^l^^l^here
Court for the City of Bridgetown shall have inSterVro^ided^"^^'
jurisdiction as is hereinafter provided.

3. The Grovernor shall from time to time Governor tor rap-
appoint some fit and proper person to be Poi»t Judge of Pet-
th«;j Judge of the Petty Debt Court of ^^^/^^^^^^^^^^^^ ^^
Bridgetown and such Judge shall hold a *^ ^ ^^^'
Court daily from the hour of ten of the sitting of Court
clock in the forenoon to the hour of four to be daily.

of the clock in the afternoon, or on such

days and during such hours as the Governor-

in-E?:ecutive Committee may frcm time to

time appoint. Provided always that it Proviso.

shall not be obligatory on the said Judge

to hold a Court on Good Friday, Christmas,

Day, Sundays, or any day a|>j)ointcd by

proclamation for a public fast, hunii;iation,

or thanksgiving, or at any time when thcie

shall not be any business before his Court.

4. The Judge of the Petty Debt Court Salary,
of Bridgetown shall be paid the sum of

four hundred pounds yearly.

5. The Petty Debt jurisdiction of the Petty Debt Court
parish of Saint Michael shall be vested in 2f 5"^-^^?.^'^^^ ^®
the Judge of the Petty Debt Court of the J^;% Michael
City of Bridgetown.

6. Carlisle Bay shall form pint of the Carlisle Bay de-
district within and throughout which the dared to be within
Judge of the Petty Debt Oourt oi the City t^e Bridgetown Pet-
of Bridgetown has the jurisdiction of a ^^.^^^^* ^^^^^J^'^^-
Petty Debt Court Judge, and it shall be

lawful to execute in the said Bay all writs
of the said Court.

7. Any Judge of a Petty Debt Court How Actions to
proposing to sue any person dwelling or be brought where
carrying on business in any district of which Judge is , himself
he is the Judge, may bring his action in the concerned.

Petty Debt Court of any adjoining district .

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His salary
•securities.

384

LAWS OF BARBADOS.

and any person proposing to sue a Judge
may bring his action in the Petty Debt
Court of any adjoining district.

^8, The Governor shall appoint some fit and
poinrCMef Clerk*of P^'^P^^ P^^^on to be the Chief Clerk to the
the Petty Debt Petty Debt Court of Bridgetown, at a salary
Court of Bridgetown of two hundred pounds per annum, to be
paid from the public treasury', on the war-
and Y2int of the Governor-in-Exe( utive Commit-
tee ; and the Clerk so appointed shall enter
into bond to Her Majesty, her heirs and
successors, himself in the sum of one
thousand pounds and two sureties in the
sum of five hundred pounds each, for the
faithful discharge of the duties of his oflice
and for the due accounting and payment
of all moneys received by him as such
Chief Clerk.

rk to bf ^' Tlie Chief Clerk shall in addition to
his other duties as Clerk be the Treasurer of
the said Court, and he shall receive all mon-
eys payable into the Bridgetown Petty Debt
Court, account for pay and apply the same
in accordance with the law.

10. The Governor shall appoint some fit

Governor to ap- ^nd proper person to be the Assistant Clerk

S. ^la^'Ld f the Petty Debt Court, at a salary of une

securitios. hundred pounds per annum, to be paid from

the public treasury on the warrant of the

Governor-in-Executive Committee, and the

said Assistant Clerk shall enter into bond

to Her Majesty, her heirs, and successors,

himself in the sum of two hundred pounds

and two sureties in the sum of one hun-

di'ed pounds each, for the faithful discharge

of the duties of his office and for the

due accounting and payment of all monies

received by him.

Chief Ch
Treasurer.

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885
SESSION OP 1889'-90.

11. The Governor shall appoint some fit

and proper person to be the second Assistant Governor to ap-
Clerk of the Petty Debt Court of Bridge- point second assist-
town at a salary of fifty pounds per annum, *^ ^lerk.
to be paid from the public treasury on the
warrant of the Governor in-Executive-Com-
mittee, and the said Assistant Clerk shall Salary and securi-
enter into bond to Her Majesty her heirs ties,
and successors, himsalf in the sum of one
himdred pounds, and two sureties in the
sura of fifty pounds each, for the faithful
discharge of the duties of his office and for
the due accounting and payment of all
moneys received by him,

12. The clerks to the Police Magistrates

presiding in the rural Petty Debt Courts, ,,<^l?rks to Police
shall be the clerks of such rural Petty Debt ^eX irrural P^^^
Courts, and shall severally enter into bond Debt Courts and to
to Her Majesty, her heirs, and successors, give security,
themselves in the sum of fifty pounds each,
and two sureties in the sum of twenty five
pounds each, for the faithful discharge of the
duties of their offices, and for the due
accoimting and payment of all moneys
received by them under this Act.

13. The clerk of every Court holden un-
der this Act shall make a note of all plaints

and summonses, and all orders, and of all Record book to be
judgments and executions, and returns kept of all business
thereto, and of all fines, and of all other ^ ^ ^^ -
proceedings of the Court, and fairly enter
the same from time to time in a book, be-
longing to the Court, which shall be kept
at the office of the Court ; and such entries
in the said book, or a copy thereof signed ^^^ ^^^^.^^^
and certified as a true copy by the clerk of of entry in said book
the Court, shall at all times be admitted in to be received in
all Courts and places whatsoever as evidence evidence,
of such entries, and of the proceedings refer-

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386

LAWS OF BARBADOS

red to by such entry or entries, and of the

regularity]^of Jsuch proceedings without any

further proof.

How action to be 14. If an action be brought by an officer

brought where offi- of a Petty Debt Court in the Court of which

co'^era^^'''''^*'*^^®^®*" officer, the Judge shall, at there-
concern . quest of the defendant, order that the venue
be changed ; and that the cause be sent for
hearing to the Court of some convenient
district,''of which he is^not the Judge ; and
the clerk of the first mentioned Court shall
forthwith transmit by post to the clerk of
such last-mentioned Court a certified copy
of the plaint, as entered in the plaint-book,
the duplicate copy of ^the summons and par-
ticulars served on the defendant, and a cer-
tified copy of the order for changing the
venue, as entered in the minute book ; and
the Judge of such last mentioned Court shall
appoint a day for hearing ; notice whereof
shall be sent by post or otherwise by the
clerk of such last mentioned Court to both
parties.

15. If an action be brought against an

m J i^sue ^^"^"^"^^ officer of a Petty Debt Court, the summons

may issue in the district of which he is an

officer, or in any adjoining district, the

Judge of which is not the Judge of the

Court of which the defendant is an officer.

Penalty for as- 16. If any officer or writ officer of any

saulting a ^t offi- (1^^.^ g^all be assaulted while in the exe-

hU dSty!"" "" ^^t^on of his duty, or if any rescue shaU be

made or attempted to be made of any goods

levied under process of the Court, the person

so offending shall be liable to a fine not

exceeding five pounds to be recovered, as in-

the case of servants' wages, and paid into

the public [^ treasury for the uses of the

IsU nd,

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S87
SESSION OP 1889*00.

17. In case any writ officer of any Coutfc judge may order
who shall be employed to levy any execution oflScer to pay dam-
against goods and chattels shall, by neglect ^ges sustained by
or connivance, or omission, lose the oppor- negligence &c.,
tunity of levying any such execution, then

upon complaint of the party aggrieved by
reason of such neglect, connivance or omis-
sion (and the fact alleged being proved to
the satisfaction of the Court on the oath of
any credible witness) the Judge shall order
such writ officer to pay such damages as it
shall appear that the plaintiff has sustained
thereby, not exceeding in any case the sum
of money for which the said execution Amount of such
issued, and the wiit officer shall be liable damages,
thereto, and upon demand made thereof,
and on his refusal so to pay and satisfy the
same, payment thereof shall be enforced by Mode of enforcing
such ways and means as are herein provided payment thereof,
for enforcing a judgment recovered in the
Court.

18. If any clerk, writ officer, or other judge may order
officer of any Court, acting under colour or officer guilty of ex-
pretence of the process of the said Court, tortion &c., to pay
shall be charged with extortion or miscon- ^*m*g^s.

duct, or with not duly paying or accounting
for any money levied b}'^ him under the
authority of. this Act, it shall be lawful for
the Judge to inquire into such matter in a
summary way, and for that purpose to sum-
mon and enforce the attendance of all
necessary parties in like manner as
the attendance of witnesses in any case may
be enforced, and to make such order there-
upon for the repayment of any money extor-
ted or for the due payment of any money so
levied as aforesaid ; and for the payment of
such damages and costs as he shall think
just, and also, if he shall think fit, to impose

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368

LAWS OF BAEBADOS.

such fine upon the clerk, writ officer, or
other officer, not exceeding ten pounds for
each offence, as he shall deem adequate;
and in default of payment of anv money so
Mode of enforcing ordered to be paid, payment of the same
payment thereof, jj^y \^ enforced by such ways and means
as are herein provided for enforcing a
judgment recovered in the said Court.
Officer guilty of 19. Every clerk, writ officer, or other offi-
exaction Ac, shaU cer employed in putting this Act or any of
be incapable of the powers thereof in execution who shall
rbW r^el ^«"»y "^"d corruptly exact, take or accept
any fee or reward whatsoever, other than
aud except such fees as are or shall be
appointed, and allowed respectively for or
on account of anything done or to be done
by virtue of this Act, or on any account
wh itsoever relative to putting this Act into
execution shall, upon proof thereof before
the Judge of the Court, and on allowance
of the finding of the Judge by the G^overnor
be forever incapable of serving or being em-
ployed under this Act in any office of profit
or emolument, and shall also be liable for
damages as in this Act before provided.

No action for tres- 20. No officer of a Petty Debt Court, in
pass to be against executing any warrant of such Court, and
officer executing no person at whose instance any such war-

Tedal* ases"^^^^ ^^ ^^^^ ®^*^^ ^® ^^ executed, shall be deemed a
specia cases. trespasser by reason of any irregularity or

informality in any proceedings on the valid-
ity of which such warrant depends, or in the
foim of such warrant, or in the mode of ex-
ecuting it, but the party aggrieved may
bring an action for any special dsunage
which he may have sustained by reason of
such irregularity or informality against the
party guilty thereof, and in such action he

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SESSION OF 1889-^90.

shall recover no costs unless the damages
awarded shall exceed forty shillings.

21. The Judge of every Petty Debt Court Adjudicated cases
shall, at the close of each day's proceedings ^^ each'^<^ "^s ""iro!
in the Court, deliver to the clerk, to be fil^ ceedinga. ^ ^ '^'
in his office, the adjudicated cases, with award

and costs distinctly stated in each, and it shall
be the duty of such clerks to file the same.

22. All actions and prosecutions to be ^^^T^ ?^" ^^^'®
commenced against any person for anything ® ^^® *

done in pursuance of this Act, shall, unless

otherwise provided, be laid and tried in the

district where the fact was committed, and

shall be commenced within three months

after the fact committed, and not afterwards -^^f^i^Q i^ writinff

or otherwise ; and notice in writing of such to be given to d^

action or prosecution, and of the cause fendant.

thereof, shall be given to the defendant one

month at least before the commencement

thereof ; and no plaintiff shall recover in any Plaintiff not to

such action if tender of sufficient amends 'fo^®' a^j^«rt«P<ler

shaU have been made before action brought, ^tio^br^M

or if after action brought a sufficient sum of

money shall have been paid into Court,

with costs, by or on behalf of the defendant.

23. In any action commenced against any Production of war-
person for anything done in pursuance of ^^^^ suflScient proof
this Act, the production of the warrant^? authority pre-
under the seal of the Court shall be deemed ^ai^ant '^'""^
sufficient proof of the authority of the Court

previous to the issuing of such warrant, and
in case the plaintiff shall have a verdict or
judgment pass against him be nonsuit, or
discontinue, the defendant stall in any
such case be allowed his costs. Costs.

FAETH.

Jurisdiction cmd law.

24. The several Petty Debt Courts of ^""^^^^ ^^ ^^^^

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890

LAWS OP BARBADOS

Debt Courts to have this Island shall have jurisdiction in all
jurisdiction in ac- actions of debt not exceeding twenty pounds
tions of aoDt not 1.1. t_ i j. ° . Vif

exceeding MO and whether on baJance of account or otherwise
in personal actions and in all pleas of personal actions, where
not exceeding jeiO. the damage claimed is not more than t«n
pounds and all such actions shall be tried in
a summary way under this Act, and under
the orders rules and regulations made under
Proviso. the authority of this Act ; Provided always

that the said Court shall not have cogni-
zance of any action of ejectment or in which
the title to any corporeal or incorporeal
hereditaments, or to any franchise shall be
in question, or in which the validity of any
devise bequest or limitation under any will
or settlement may be disputed, or for any
malicious prosecution, or for any libel, or
slander, or for criminal conversation, or for
seduction or breach of promise of marriage.
Court may try 25. When the debt or demand claimed
^^^A^4. ^^I balance consists of a balance not exceeding twenty
i Je20. ^"^ pounds, after an admitted set off of any
debt or demand claimed or recoverable by
the defendant from the plaintiff, the Court
shall have jurisdiction to try such action.

PART III.

Procedure and trial.

Complaimt to be 26. On the application of any person de-
entered by Clerk of . X V • ^^ 'J. J i.1.- A i. i-U

Court. sirous to bring a suit under this Act, the

clerk of the Court shall enter into a book, to
be kept for this purpose in his oiffice, a plaint
in writing, stating the names and the last
known places of abode of the parties, and
the substance of the action intended to be-
br ought, every one of which plaints shall be
numbered in every year, according to the
order in which it shall be entered ; and
Swramons issued, thereupon a summons, stating the substance

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391

SESSION OF 1889-'90.

of the action and bearing the number of the
plaint in the margin thereof, shall be issued
according to such form, and be served on
the defendant so many days before the day
on which the Court shall be holden at which
the cause is to be tried, as shall be directed
by the rules made for regulating the practice
of the Court as hereinafter provided ; and
delivery of such summons to the defendant,
or in such other manner as shall be specified
in the rules of practice, shall be deemed good
service ; and no misnomer or inaccurate des-
cription of any person or place in any such
plaint or summons shall vitiate the same, so
that the person or place be therein des-
cribed so as to^be commonly known.

27. Such summons may Mdthout leave of Where summons
the Court being first obtained issue in any may imne.
district in which the defendant, or one of th«

defendants shall dwell or carry on his busi-
ness at the time of the action brought ; or
in case of debts in the district in which the
cause of action arose ; or such summons
niay, by leave of the Court for the district,
in any case, issue in the Court for the dis-
trict in which the defendant or one of the
defendants shall have dwelt or carried on his
business, at some time within six calendar
months next before the time of the action
brought, or in which the cause of action
arose.

28. On the day named in that behalf in summary proceed-
any summons under this Act, the plaintiff lags upon appear-
shall appear either in person or by agent ance of plaintiff and
and thereupon the defendant shall be re- defendant,
quired to appear either in person or by his

agent to answer such plaint ; and an answer
being made in Court, the Judge shall pro-

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892

LAWS OP BAEBADOS

ceed in a summary way to try the case^ and

give judgment, without further pleading

or formal joinder (A issue.

Evidence stated 29. Subject to the power of amendment

in summons Ac, conferred by this Act no evidence of any |

only t^be ^ven by demand or claim shaU be Cfiven by the plain-

plamtifl on hearing. ^.^ ^^ ^^^ ^^^ ^^ h&inng except such as

shall be stated in the summons or other
proceeding under this Act directed to be
issued or taken.
Plaintiff may not 30. It shall not be lawful for any plaintiff
divide his cause in to divide any cause of action for the pur-
which to bring two pose of bringing two or more suits in any
suits butmay aban- ^j ^^^ ^^^ ^^^^^ ^^^ plaintiff having

don any excess in r j.* r j.-i: j. ± j

order to bring his cause of action for more than twenty pounds
action under this in debt or more than ten pounds in other
Act. cause of action, for which a plaint might

bo entered under this Act, may abandon the
excess, and thereupon the plaintiff shall, on
proving his case recover to an amount not
exceeding twenty pounds in debt, and ten
pounds in other causes of action ; and the
judgment of the Court upon such plaint
shall be in full discharge of all demands in
such cause of action and entry of the judg-
ment shall be made accordingly.
Defendant not to ^l* Subject to the power of amendment
be allowed to set off conferred by this Act, no defendant shall be
any debt &c., with- allowed to set off any debt or demand claim-
out consent. ^^ ^j recoverable by him from the plaintiff,
or to set up by way of defence and to claim
and have the benefit of infancy, coverture or
any statute of limitations, or of his dis-
charge under any statute relating to insol-
vent debtors or traders without the consent
of the plaintiff unless the prescribed notice
thereof shall have been given to the clerk
of the Court ; and in every ciise in which
the practice of the Court shall require such

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393

SESSION OF l88»^-90.

notice to be given, the Clerk of the Court
shall as soon as conveuiently may be after
receiving snch notice, communicate the same
to the plaintiff by the post, or by causing
the same to be delivered at his usual place
of abode or business j but it shall not be
necessary for the defendant to prove on the
trial that such notice was communicated to
the plaintiff by the clerk.

32. An affidavit to be used in a Couit Affidavits may be
may be sworn before any Judge without the sworn before any
payment of any fee or before any Justice of ^fb^U'^/^t!::
the Peace of this Island. of ^;^q Peace.

33. In anv action brought in any Pettv . ^^ respect of cer-
Debt Court for a debt or liquidated money ft^dantT^gte nt
demand, the plaintiff may at his option tice of intention to
cause to be issued a summons in the ordin- defend on pain of
ary form or a default summons in the form judgment by de-
or to the effect given in the schedule to this ^**'^^*^*

Act and if such last meutioned summons be
issued it shall be personally served on the
defendant, and if the defendant shall not
within six days after service of the summons,
inclusive of the day of service, give notice in
writing, signed by himself or his Solicitor,
to the Clerk of the Court from which the
summons issued, of his intention to defend,
the Judge, shalj at the expiration of such
six days upon an affidavit being filed in the
office of the Clerk sworn to before a Justice
of the Peace, of the due service of such
summons enter up judgment against the
defendant for the amount claimed and costs.

34. Where personal serv^ice cannot be Proceedings where
effected, and the Court is satisfied by affida- P^^^^^?l ^?!^^^^ ^^
vit sworn to before a Justice of the Peace, ^^^^ ^^^^^ ^"^f^
that reasonable efforts have been made to fected.

effect such service, and either that the sum-

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894

LAWS OF BAEBADOS

mons has come to the knowledge of the de-
fendant, or that he wilfiQly evades service of
same it shall be lawful for the Court to order
that a copy of such summons shall be left at
the last known place of abode of the defen-
dant, and at the expiration of six days after
such summons shall have been so left inclu-
sive of the day of leaving the same, should the
defendant not have given notice of his
intention to defend, as hereinbefore men-
tioned, the Court upon proof by affidavit
sworn before a Justice of the Peace of
the summons having being left at the defen-
dant's last known place of abode, shall enter
judgment for the amount claimed and costs.
Orders on jxidg- 35. The order upon the judgment to be
ment by default. entered up under the last two preceding sec-
tions shall be for payment forthwith, or at
such time or times, and by such instalments
if any, as the plaintiff or his attorney
shall in writing have consented to take at
the time of the entry of the plaint or of the
judgment, and execution shall issue upon

• ?^''«fo'''' such judgment in the same manner as exe-

iuagments. j.* • • • -i . j •

^ ® cutions issuing upon judgments recovered in

open Court.

Proceedings where 36. VVhere the defendant shall have given

notice of defence is ^^^^^ ^f defence, the Clerk shall immediate-

^^^^* ly upon the receipt of such notice, send a

letter to the plaintiff by post stating therein

that the defendant has given notice of his

intention to defend, and shall send by post

to both plaintiff and defendant, notice of tho

day upon which he shall have fixed that the

trial shall take place, at least six clear days

before the dav so fixed.

Power of Judge to 37, The Judge of a Petty Debt Court may

amend proceedings. ^^ ^11 times amend all defects and errors in

any proceeding in such Court, whether

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355

SESSION OF 188f»'-90.

there is anything in writing to amend by oi*
not, and whether the defect or error be
of the party applying to amend or not ; and
all such amendments may be made with or With or without
without costs, and upon such terms as to the ®^^^'
Judge may seem fit ; and all such amend-
ments as may be necessary for the purpose
of determining in the existing suit the real
question in controversy between the parties
shall be so made, if duly applied for. „ ,.

38. If on the day of the return of any piS^^^'^aTs ' tt
summons, or at any contmuation or ad- appear,
joui'nment of the said Court, or of the cause
for which the said summons shall have been
issued, the plaintiff or his agent shall not
appear, the cause shall be struck out ; and
if he or his agent shall appear, but shall not
make proof of the demand to the satisfac-
tion of the Court, it shall be lawful for the
Judge to non-suit the plaintiff, or to give
judgment for the defendant ; and in either
case, where the defendant shall appear and
shall not admit the demand, to award to the
defendant, in addition to costs, such further
sum, not exceeding ten shillings, by way of
satisfaction for his trouble and attendance,
as the Judge in his* discretion shall think
ht ; and such sum shall be recoverable from
the plaintiff, by such ways and means as any
debt or damage ordered to be paid by the
same Court can be recovered, and from any
such award for costs and satisfaction to a
defendant as aforesaid an appeal shall lie
as in the case of any other judgment of the
Court. Provided always, that if the plain- Proviso,
tiff or his agent shall not appear when call-
ed upon, and the defendant or some one
duly authorised on his behalf shall appear
and admit the cause of action to the full

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396

LAWS OF BARBADOS.

amount claimed, and pay the fees payable
in the first instance by the plaintiff, the
Court, if it shall think fit, may proceed to
i?ive judgment as if the plaintiff or his agent
had appeared.

Proceedings when 39. If on the day so named in the sum-
defendant does not mons, or at any continuation or adjoum-
appear. ment of the Court, or cause in which the

summons was issued, the defendant shall
not appear, or sufiiciently excuse his absence,
or shall neglect to answer when called in
Court, the Judge upon due proof of service
of the summons, may proceed to the hear-
ing or trial of the cause on the part of the
plaintiff only, and the judgment thereupon
shall be as valid as if both parties had at-
Proviso. tended : Provided always, that it shall be

lawful for the defendant, if he shall think
proper, to api>eal as is hereinafter provided
from such judgment, to the Assistant Court
of Appeal, and such Court shall be and is
hereby authorised on sufficient cause shown
to direct a new trial, on such terms as to
payment of costs, or giving security for the
payment thereof, and of the debt, as it may
think fit.

Bankruptcy &c., 40. The bankruptcy or insolvency of the
of plaintiff not to plaintiff in any action in any Petty Debt
ab^ *^*^'^" ^ Court which the Official Assignee might
maintain for the benefit of the creditors
shall not cause the action to abate, but the
same may be continued by the Official
Assignee.

« . 41. It shall be lawful for any executor or

Executor can sue n » » . . , jr*^j»

and be sued. admmistrator to sue and be sued m any

Court holden under this Act, in like manner

as if be were a party in his own right, and

judgment and execution shall be such as in

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397

SESSION OF 1889-'90.

the like case would be given or issued in
any superior Court.

42. It shall be lawful for any person under Minor capable of
the age of twenty one years to prosecute •^°?»

any suit in any Court holden under this Act
for any sum of money not greater than
twenty pounds, which may be due to him
for wages or piece-work, or for work as a ser-
vant in the same manner as if he were of
full age.

43. Where any plaintiff shall have any process where
demand recoverable under this Act against persons jointly an-
two or more persons jointly answerable swerable.

it shall be sufficient if any of such persons
be served with process ; ajid judgment may
be obtained and execution issued against the
person or persons so served notwith-
standing that others jointly liable may not
have been served or sued, or may not be
within the jurisdiction of the Court ; and
every such person against whom judgment
shall have been obtained under this Act,
and who shall have satisfied such judgment
shall be entitled to demand and recover in
the Court contribution from any other per-
son jointly liable with him.

44. Any person against whom a plaint Defendant may
shall be entered in any Petty Debt Court, confess the debt

may if he think fit, whether ho be summon- 1?;^ t.7^/ T^-^a"^
J -^ 1 1 • i J. • J.1- thereof and ludg-

ed upon such plaint or not, in the presence ment shall be en-
of the clerk or assistant clerk of the Court tered fcr the sum
in which such plaint shall have been entered confessed without
or in the presence of a Solicitor, sign a farther proof,
statement confessing and admitting the
amount of the debt or demand, or part
of the amount of the debt or demand,
for which such plaint shall have been enter-
ed, and such clerk or assistant clerk
shall, as soon as conveniently may be after

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398

LAWS OF BABBADOS

receiving such statement, send notice thereof
to the plaintfff, by the post or by causing
the same to be delivered at his usual place
of abode or business, and thereupon it shall
not be necessary for the said plaintiff to
prove the debt or demand so confessed and
admitted as aforesaid, but the Judge of such
Court at the next sitting of such Court
whether the parties or either of them attend
such Court or not, shall upon proof by affi-
davit of the signature of the party, if such
statement were not made in the presence
of the clerk or assistant clerk, such affidavit
being sworn to before a Justice of the Peace,
proceed to give judgment for the debt or
demand so confessed and admitted, in the
same manner and subject to the same condi-
tions as if he had tried the cause, and given
judgment thereupon, under the provisions of
this Act.
Plaintiff and de- ^^' ^^ ^^^ person against whom an plaint
fendant may agree shall be entered in any Petty Debt Court
as to amount of can agree with the person on whose behalf
debt Ac. and con- guch plaint shall have been entered upon
anHud^LentTh^ ^^^ amount of the debt or demand in respect
be entered up ac- ^^ which such plaint shall have been enter-
cordingly without ed and upon the terms and conditions
further proof. upon which the same shall be paid or satis-

fied, it shall be lawful for such persons
respectively in the presence of the clerk or
assistant clerk of the Court in which such
plaint shall have been entered, or in the
presence of a Solicitor, to sign a statement
of the amount of the debt or demand so
agreed upon between such persons respec-
tively, and of the terms and conditions upon
which the same shall be paid or satisfied, and
such clerk or assistant clerk shall receive
such statement and shall thereupon, upon

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399

SESSION OF 1889-^90.

proof by affidavit of the signature of the
party, if such statement were not made in
the presence of the clerk or assistant clerk,
such affidavit being sworn to before a Justice
of the Peace, enter up judgment for the plain-
tiff for the amount of the debt or demand so
agreed on, and upon the terms and conditions
mentioned in such statement, and such
judgment shall to all intents and purposes
be the same, and have the same eifect, and
shall be enforced and enforceable in the
same manner, as if it had been a judgment
of the said Court.

43. The Judge may in any case, witli the Arbitration
consent of both parties to the suit, order certain cases,
the same, with or without other matters
within the jurisdiction of the Court, in dis-
pute between such parties to be referred to
arbitration, to such person or persons, and
in such manner, and on such terms as he
shall think reasonable and just ; and such
reference shall not be revocable by either
party, except by consent, of the Judge ; and
the award of the arbitrator or arbitrators
or umpire shall be entered as the judgment
in the cause, and shall be as binding and
effectual to all intents as if given by the
Judge ; provided that the Judge may, if he
think fit, on application to him at the first
Court held after the expiration of one week
after the entry of such award, set aside any
such award so given as aforesaid, or may
with the consent of both parties aforesaid,
revoke the reference, or order another ref-
erence to be made in the manner aforesaid :
Provided that it shall be competent for
either party to appeal to the Assistant
Court of Appeal from any such award, en-
tered as the judgment of the Court, just as

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400

LAWS OF BARBADOS

ia the case of the judgment of any magis-
trate.
Judge may {^rant ^7- Where 9* judgment ha9 been obtained
time. ill a Petty Debt Court the Judge may ordei*

the amount of such judgment and the coats
to be paid at such time or times, and by
such instalments, if any, as he shall think
fit, provided the whole time allowed shall not
exceed six months.
Defendant may 48. It shall be lawful for the defendant
pay money into ^ ^^^ brought under this Act, with-

Court m satisfaction . v.. i_ ii i. j- ^ j i. xt. i

of demand. ^^ ^^^^ ^^^^ ^ ^"^^ "^ directed by the rules

made for regulating the practice of the
Court, to pay into Court such sum of money
as he shall think a full satisfaction for the
demand of the plaintiff, together with the
costs incurred by the plaintff up to the time
of such payment : and notice of such pay-
ment shall be communicated by the clerk of
the Court to the plaintiff by post or by caus-
ing the same to be delivered at his place of
abode or business, and the said sum of money
shall be paid to the pLaintifi ; but if he
shall elect to proceed, and the plaintiff shall
recover no further sum in the action than
shall have been so paid into Court, the
plaintiff shall pay to the defendant the costs
incurred by him in the said action after such
payment ; and such costs shall be settled by
the Court, and an order shall thereupon be
made by the Court for the payment of such
co?Jts by the plaintiff.
Summons how 49. Either of the parties to the suit or
obfcaitied for wit* any other proceeding under this Act, may ob
ueasea. writings &c. ^j^ ^^ ^^^ ^^^^ ^^ ^^^ ^j^^j^^f ^^^ Coui^t,SUm '

mouses to witnesses to be served by one of
the writ officers of the Courtwith or without
a clause requiring the production of books,
deeds, papers and writings in their posses-

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401

SESSION OF 188S^»90.

sion or control, and in any such summons
any number of names may be inserted.

'60. Every person on whom any such sum- Penalty on wit-
mons shall have been served either person- jj^^^^^p'^pj.^^j*^
ally or in such other manner as shall be di- books after sum-
recJted by the general rules or practice of mons and after ten-
the Courts, and to whom at the same time der of payment ct
payment or a tender of payment of his ex- ®^^^*^'
penses, shall have been made on such scale
of allowance as shall for the time being be
in force under this Act and who shall refuse
or neglect, without sufficient cause, to appear
or to produce any books, papers, or writings
required by such summons to be^ produced,
and also every person present in Court who
shall be required to give evidence, and who
shall refuse to be sworn and give evidence,
shall forfeit and pay such fine not exceeding
fifty shillings, as the Judge shall set on him ;
and the whole or any part of such fine, in the
discretion of the Judge, after deducting the
costs, shall be applicable toward indemnify-
ing the party injured by such refusal or neg-
lect, and the remainder thereof shall be paid
into the treasury for the uses of the public.

51. Any judge of a Petty Debt Court may ^^f«« -^^^^^e
upon application on affidavit by either party j^g ^p g^ priaone^ to
such affidavit being sworn to before a Jus- give evidence,
tice of the Peace issue an order signed by
him and under the seal of the said Court
for bringing up before such Court any pri-
soner or person confined in any gaol, prison
or place under any sentence or under com-
mitment for trial or otherwise to be exam-
ined as a witness in any cause or matter
depending, or to be inquired of or deter-
mined in or before such Court, and the per-
son required by any such warrant or order
to be brought before such court, ghall be so

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402

LAWS OF BARBADOS

brought under the same care and custody
and be dealt with in like manner in all re-
pects as a prisoner required by any writ of
habeas corpus awarded by any of Her
Majesty's Supreme Courts of law to be
brought before such Court to be examiued
as a witness in any cause or matter de-
pending before such court is now by law
required to be dealt with ; provided always
that the person having the custody of such
prisoner or person shall not be bound to
obey such order unless a tender be made to
him of a reasonable sum for the conveyance
of a proper officer or officers and of the pri-
soner or person in going to and returning
from such Court.
Costs of action 62. All the fees and costs of any action
not otherwise pro- q^ proceeding in the Court, not herein

^rtfon^byJ«<4e>t^«™i«!. ^"i"^^'^ for sbaU be paid by
*^ "^ ^^ or apportioned between the parties in such

manner as the Judge shall think fit; and
in default of any special direction shall
abide the event of the action, and execution
may issue for the recovery of any such fees
and costs in like manner as for any debt
adjudged in the said Court.
Court mav award ^^' Whenever an action or suit is brought
costs where cause is ^ ^^7 Petty Debt Court which the Court
struck out for want has no jurisdiction to try, the Court shall
of jurisdiction. order the cause to be struck out, and shall
have power to award costs in the same
manner, to the same extent, and recovera-
ble in the same manner as if the Court had
jurisdiction in the matter of such plaint
and the plaintiff had not appeared, or had
appeared and failed to prove his demand.
Party sueing in 54. K any party shall sue another in any
one Court after ob- Petty Debt* Court for any debt or other
taming judgment ^ause of action for which he hath ahreadv

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403
SESSION OF 1889-'90.

sued him and obtained judgment in any ^^ t^s «»»« «"»»*-

other Court the proof of such former suit *«' '^oJ^^l^*' In^
, ., vT.xj'T J. X.J. • iiot recover and

having been brought and judgment obtain- gj^n p^y defend-
ed maj be given and the party so sueing ants costs.
shall not be entitled to recover in such
second suit and shall be adjudged to pay
the costs of such second suit to the opposite
party.

PAET IV.

Execution,

55. Whenever the Judge shall have made Order recoverable
an order for the payment of money, the forthwith in default
amount shall be recoverable in case of de- ^^ pavment by ex-
fault or failure of payment thereof forth- ®^^ ^^^*

with or at the time or times, and in the

manner thereby directed by execution under

the hand and seal of the Judge against the

goods and chattels, lands and hereditaments

of the party against whom such order shall rjy^^^ ^f applicfl,-

be made. The precise time when any appli- tion for warrant to

cation shall b^ made to the clerk of the regulate the order

Court to issue a warrant against a party of the execution of

shall be entered by him in the execution ^'^^ process.

book, and on the warrant ; and when more

than one warrant shall be delivered to the

Provost Marshal, or any writ ofBlcer to be

executed he shall execute them in the

order of the times so entered.

56. In default of payment by the defend- Execution to is-
ant of any sum of money awarded against sue in default of
him by a Judge, either as debt or damages, P^y^®^*«

or of any instalment thereof, it shall be law-
ful for such Judge to issue a writ of execu-
tion against such defendant, which execu-
tion shall be in the form in the schedule
annexed to this Act, and every oflBcer execu- t ^ _ ^ ^ - j
ting such writ may .by virtue thereof seize on p^sDnal propt
and take the moneys, bank notes, bills of erty.

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40i

LAWS OF BABBADOa

excbange, promissory^ notes, specialties*
goods, chattels and effects of the partj
afi^ainst whom such execution shall issue
(except the wearing apparel and bedding of
such person, or of his family, and the tools
and implements of his trade to the value of
five pounds, which shall be to that extent
protected from seizure). And if no moneys.
Where no person- bank notes, bills of exchange, promissory
^property, on real notes, specialties, goods, chattels and effects,
(if anyj ^^^ y^ found sufficient to satisfy such execu-

tion, but it shall appear that the debtor has
lands and houses, the writ officer shall
endorse thereon a description of the lands
bouses or other real estate, and return the
writ into the Court,
Writ officers to ^'^' The wnt officer aforesaid shall
hand over certain deliver over to the clerks of the Courts any
securities to Clerk cheques, bills of exchange, promissory notes,
of Court. bonds, specialties, or other securities for

money, which shall have been so seized or tak-
en as aforesaid, who shall hold the same as a
security or securities for the amoimt direct-
ed to be levied by such execution, or so
much thereof as shall not have been other-
wise levied or raised for the benefit of the
plaintiff ; and the plaintiff may sue in the
name of the defendant, or in the name of i

any person in whose name the defendant k

might have sued for the recovery of the
sum or sums secured or made payable there-
by, when the time of payment thereof shall
have arrived.
Execution not to 58. If the Judge shall have made any
issue upon order of order for payment of any sum of money by
payment by instal- instalments, execution upon such order j

ment until default. ^^^^ ^^^ ^^^^^ against the party until after J

default in payment of some instalment ac- 1

cording to such order, and execution or sue- '

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405
SESSION OP 18S9'.90.

ces^ive executions may th^n issue for the
whole of the said sum of money and costs
then remaining unpaid, or for such portion
thereof as the Judge shall order, either at
the time of malting the orginal order, or at
any subsequent time.

59. If there shall be eross judgments be^
tween the parties, execution shall be taken
out by that party only who shall have ob-
tained judgment for tlie larger sum^ and
for so much only as shall remain after de-
ducting the smaller sum, and satisfaction
for the remainder shall be entered, as well
as satisfaction on the judgment for the
smaller sum, and if both sums shall be equal,
satisfaction shall be entered upon both judg-
ments.

60. In all cases in which judgment shall
be given in any Petty Debt Court for a sum
not exceeding ten pounds, the writ of exe-
cution to be issued thereon shall be direct-
ed, in such manner as is provided hj the
rules in force for the time being relatmg to
writ officers. And all writs of execution for
a greater amount than ten pounds shall be
directed to the Provost Marshal, and shall
be executed by him in Uke manner as simi-
lar writs issuing out of the Court of Com-
mon Pleas.

61. Any writ officer entrusted with any
execution shall in all things conform with the
provisions ol the law for the execution of
such writs by him and of the rules relating
to writ officers.

62 When it shall happen that in conse-
quence of any execution officer endorsing on
the writ of execution, that he cannot find
any personal estate or effects of the debtor,
but that he has land, and such execution

Cross judgments.

Manner of direc-
tion of execution
issued for ifilO and
under.

And for more than

Proceedings of
writ officer entrust-
ed with execution.

Proceedings of
Provost Marshal
upon officers return
or writ.

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406

LAWS OF BARBADOS

shall subsequently be delivered to the Pro-
vost Marshal to be levied, and ho shall dis-
cover that the debtor is possessed of any
personal property authorized to be taken by
this Act, he shall attach the same and dis-
pose of it in due course of law ; and should
the net proceeds be insufficient to satisfy
such execution and the costs thereon, he
shall then proceed to deal with any real
estate, which may be the property of the
debtor, in satisfaction of what may remain
due and owing on the execution.

What shaU appear ,. ^^: ^ ^^^ ^F^ ^^^^ warrant of execu-
on face of execution *i^^ issued against any person whomsoever,
warrant. the clerk of the Court shall cause to be

inserted or endorsed the sum of money and
costs adjudged, with the sums allowed by
this Act, as increased costs for the execution
of such warrant ; and if the party against
whom such execution shall be issued shall,
before an actual sale of the goods and chat-
tels, pay or cause to be paid or tendered
unto the clerk of the Court out of which
such warrant of execution has issued, or to
the officer holding the warrant of execution,
such sum of money and costs as afore-
said, or such part thereof as the person
entitled thereto shall agree to accept in
full of his debt or damage and costs,
together with the fees herein directed to
be paid, the execution shall be superseded,
and the goods and chattels of the said
party, shall be discharged and set at liberty

PART V.

BnleSy Fees, Fines, Unclaimed money in
Court

Chief Judge to ^^^ The Chief Judge of the Island may
appoint 8 to 5 Pet* from time to time and as occasion shall

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407

SESSION OF 1889^90.

require, appoint from among the several ty Debt Court

Petty Debt Court Judges any number J«jlg«| to ^rame

thereof, not less than three nor more than "^*^ *^*

five, to frame rules and order? for regulating

the practice of the said Courts and also

forms ot proceedings therein and a scale of

fees to be taken on all proceedings in the

said courts in addition to or in substitution

for any existing rules, orders, forms and

scale of fees and to amend any such existing

rulps, orders, forms and scale of fees or to

effect either of the aforesaid purposes,

and the Chief Judge may, if he shall think

fit, fill up any vacancies in the number of

Judges at any time so appointed which may

after their appointment occur.

65. All rules, orders and forms and scale

of fees framed or amended by the Petty ^^^t!. ^'w^
rvvj./-«_xTj 'j-ji. •! loasMQ to be suDmit-

Debt Court Judcres appointed as herembe- ^^ ^ Chief Judge.

fore provided, shall, after they have been
certified under the hands of such Judges
or of any three or more of them, be sub-
mitted to the Chief Judge who may allow
or disallow or alter the same, and the rules,
orders and forms and scale of fees or amend-
ed rules, orders and forms and scale of fees
when so allowed or altered shall, from a day
to be named by the Chief Judge, be in force
in every Petty Debt Court.

66. All rules, orders and forms and scale And to be laid
of fees framed or amended under the pro- before the Legisla-
visions of the two last preceding sections of *^''®'

this Act shall be laid before the Legislative
Council and the House of Assembly within
forty days after the making thereof, if the
Legislature is then sitting, or if not, within
forty days after the commencement of the
then next ensuing session, and if an address
is presented to the Governor by either

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40S

LAWS OP BARBADOS

Hons* of Legislature within the next subse-
quent forty days on which the said House
shall have sat praying that any such rule,
order or form or scale of fees or special fee
may be annulled, the Governor may there-
upon by order in Council annul the same,
and the rule, order or form or scale of fees
or special fee so annulled shall thenceforth
become void and of no effect, but without
prejudice to the validity of any proceedings
which may in the meantime have been taken
under or in accordance with the same.
67. Until a scale of fees shall be framed

scb^rb^r^^ ^ ^^^^^ *^® preceding sections of this Act the

eretQ. ^^^^ ^ ^^ taken' on proceedings in the said

Courts shall be according to the scale of fees

contained in the scheduk appended to this

Act.

How penalty to be ^^' Payment of any fine imposed by any

enforced. Court under the authority cf this Act, may

be enforced upon the order of the Judge in
like manner as payment of any debt adjudg-
ed in the said Court, and shaU be accounted
for as herein provided.
Cle k to te U ^^' ^ moneys coming to the hands of

moneys in MsLsli*^® ^^^^^^^ ^^ ^® ^^^^J ^®^* Courts in

book. the course of the business of the Court,

shall be entered in a book to be kept
for the purpose, distinct from the plaint
book, to be called the c&sh book, and ruled
to show the number of the plaint on which
each several sum is paid, with the folio of
such plaint in the plaint book-^the entry
showing whether the payment is made by
plaintitl' or defendantj and whether for fees
on process into Court, award, or costs, as
the ease may be.
Officers to pay '^^- ^^^ moneys coming to the hajids of any

proceeds of execu- writ officer of the Petty Bebt Courts

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409

SBSSIOilSr OF 1«89^*90.

beiiffi tkft pr<»eeds <d executions, shaU- be H^"^***i®^f^*^"^»
^j^, r • X j.i_ L'^ 1 i_ 11 of Court after re-

paid by hnn to the chief clerk, or clerk,-^^ ^ip|. ^f g^^h mon-

the case may be — o£ the Petty Debt Court eys.

f r(Mn wMch such executicHi issued, at the

next sitting of the Court after the reeeipt

of such money, under a penalty not exceed- Penalty,

ing twenty pounds on each execution, to be

recovered as in the case of servant's wages. _ .

71. Besides the general account of money Suitors' money,
received in the course of business by the

several clerks of the rural Courts and the
chief clerk of the Petty Debt Court of
Bridgetown a distinct account shall be kept
by such clerks of suitors' money in a sepa-
rate book in which accounts shall be entered
of all moneys coming to their hanos belonging
to- ^itors, and all moneys paid out by t£em
to the parties respectively entitled thereto.

72. The clerks of the several rural Courts, clerks to account
and the chief clerk of the Bridgetown Petty td Judge once a
Debt Court shall account once a month, or month.

oftener if required, with the Judge, for all
moneys which have been received by them
under this Act, and the Judge is empowered
to call for and examine the plaint book, and
all other books and papers in any way re-
lating to the business of the Court and
whicnjie shall consider necessary to the elu-
cidation of such accoimts, and the proper
checking tbei;eof,

73* All the suitors' money in the hands of Suitors' money
the severxil- clerks of the rural Courts and ^o^ called for to be
the chie£ clerk of the Bridgetown Petty P*^^ over quarterly
Debt Court not dmwn within three months ^^^^^urer.
shall then be paid over by them and him to
the Colonial Treasurer, to an account to
be styled *Tetty Debt Courts Money Ac-
count," and such monevs shall then
be only payable by order ot the Judge; and

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410

LAWS OP BAEBADOS

all moneys remaining unclaimed after six
years sliall be transferred by the Treasurer
to the account of the general revenue.
Suit! in form* 74 It shall be lawful for the Governor,

pftuperia. on the representation of the Judge of any

Petty Debt Court, to admit a plaintiff to
sue in forma pauperis.

Be«i<lenoe of Judge. 75. The Judge of the Petty Debt Court
of Bridgetown shall not be required to re-
side within the limits of Bridgetown.

PAET YI.

Miscellaneous provisions.
Judge may grant 76. The Judge may in any case make or-
Um^ lor conduct of ^^^^ ^^^ granting time to the plaintiff or def en-
dant to proceed in the prosecution or defence
of the suit, and also may from time to time
adjourn any Court, or the hearing or further
hearing of any cause, in such manner as to
the Judge may seem fit.

Elocutions to 77. All writs of execution issuing from

bear ill t treat except the Petty Debt Courts of this Island shall,
where otherwise or- except where otherwise ordered, bear in-
dex ed md in res. terest f rom the date of judgment, and shall
Erin'^fo/ce Tojelra. ^ ^^^pect of real estate continue in force
for twenty years from such date, or from the
date of the last payment made on account
thereof, or from the date of any written
acknowledgment made in respect thereof,
as the case may be, and such execution shall
as against purchasers for valuable consider-
ation, mortgagees or creditors bind real
estate only from the date the same shall
have been lodged in the Provost Marshal's
office of the said Island,
Sabject as herein '^^- JJ^^^ject and without prejudice to the
mentioned fees to powers conferred by sections sixty four,
be according to sixty five and sixty six of this Act, and to
sL-hedult> hereto. any scale of fees claimed thereunder in all

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411

SESSION OF 1889'.90.

suits for the recovery of petty debts,
cases, and for actions for damages, the scale
of fees to be taken in all cases where
the sum claimed shall not be beyond ten
pounds, shall be the fees specified in the
schedule hereunto annexed, and in all cases
where the debt shall be in excess of ten
pounds, the fees to be taken shall be twice
the amount that is chargeable where the
debt does not exceed ten pounds. The
Provost Marshal shall be entitled to charge Expenses of Pro-
on executions issued from the Petty Debt deducted'^froL^^w
Courts, and to demand and receive in ad- cee^^of provertj^'
vance, where it shall be necessary to pro- attached,
ceed to the appraisement of real estate, the
expenses to be incurred for cab-hire and
advertising, and also a fee of ten shillings,
which latter fee shall be in full of appraise-
ments, sale, and all other matters in con-
nection therewith, and shall be deducted
by him from the proceeds of any property
or effects attached under any execution, and
such fee shall be payable whether he shall
attach real property or personal estates.
Only the actual expenses incurred shall be
charged for keeping possession of goods
for sale, removal, or storage, and in cases
of dispute the amount shall be fixed by ap-
praisement.

Supplementary.

79. In construing thi^s Act or any future construction an4
Act relatmg to the Petty Debt Courts un- interpretation.
less there is anything in the subject or con-
text repugnant thereto, the several words
hereafter mentioned shall have or include
the meaning following ;

" Person" shall include a body corporate
or politic

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412
LAWS OF BAEBADOS

" Judge" shall mean the judge of a Petty
Debt Court.

** Prescribed*' shall mean prescribed by
the Petty Debt rules for the time being.

"Court" shall mean a Petty Debt Court
held under this Act.

'* Return day" ahall mean the day ap-
pointed in any summons or proceeding for
the appearance of the defendant or aaay
other day fixed for the trial or hearing of
any plaint.

Eepeal.

Hi^peal and SaT- 80. The several Acts mentioned in sche-
ige dule D to this Act are hereby repealed; pro-

vided that

1. Any rule or order now in force whe-
ther made under any enactment hereby re-
pealed or n ot shall continue in force until
otherwise proyided ; and

2. Any Judge or oflBicer appointed under
any enactment hereby repealed shall con-
tinue and be deemed to have been duly
appointed under this Act ; and •

3. Any enactment or document referring
to any Act or enactment hereby repealed
shall be construed to refer to this Act or to
the corresponding enactment in this Act.

4. This repeal shall not affect

(a) The past operation of any enactment
hereby repealed nor any thing duly
done or suffered under any enact-
ment hereby repealed ; or

(6) any right, privilege, obligation or
liability acquired, accrued or incurred
under any enactment hereby re-
pealed ; or

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41^

SESSION OF 1^-dO.

committed against any e&actoents
hereby repeakd ; or
(d) any investigation, legal proceeding or
remedy in respect of any nnth. rigkt,
privil^e, obligation, liability, penal-
ty, forfeiture or punishment as afore-
said; and any sucb. ihyestigation,
l^al proeeedijQLg and x^medy may be
carried on as if this Act bad not
passed.

5. This repeal shall not revive any enact-
ment, right, office, privilege, matter or
thing not in force or existing at the passing
of tms Act.

SCHEDULE A.

gKULE OP FEES EOS PETTY DE3TS.

On all Claims not exceedis^g JIO .

8. d.

For every snrnmans 1 0

For hearing 1 0

For execution 2 0

For executing a summons within the

jurisdiction 1 0

For execatmg a summons out of the ju.

risdiction 2 0

For sunrmonuig each witness^ if , in the

jurisdiction 1 0

If put of the jurisdiction «. 2 0

On ain claims over jBlO the above scale of fees
shaU be double.

No fee to be paid on application for a new
trial.

An addiiional hearing fee i^all be taken
on every new trial.

/Phe hearing fee on interpleader shaU not
be prepaid, biit shall be estimated on the
imonht of ttie money or the val^e ci Ifee

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414

LAWS OF BAEBADOS

goods claimed, which shall in case of dis-
pute be assessed by the Court, who, at the
hearing, shall direct by whom, and when,
and how such fee shall be paid.

Payment to Witnesses,

Gentlemen, merchants, bankers, and profess-
ional men 5s. to lOe.

Tradesmen, accountants, clerks, and

Yeomen 2s 6 to 5s

Artisans and journeymen, Is to 2s. 6d.

Labourers, is.

Travelling expenses, a reasonable sum, but
not more than 6cl. per mile one way.

__c^

SCHEDULE B.

(FORM OF EXECUTION.)

Babbados.

Victoria by the Grace of God, Queen of the
United Kingdom of Great Britain and
Ireland, Defender of the Faith, <fec.
To Greeting

We command you to attach any of the
moneys, bank notes, bills of exchange, prom-
issory notes, bonds, specialties, or securities
for money, goods, chattels, and effects, of
what nature and kind soever (except the
wearing apparel and bedding of the debtor
or of his family ; and the tools and imple-
ments of his trade, if any, to the value of
five pounds), wheresoever any such pro-
perty may be found belonging to

of the parish of
and Island abovesaid, and deal with the
same according to the two several Acts
of this Island, entitled, *'The District
Auctioneer's Act, 1890," and " The Petty
Debt Act, 1890," for and towards pay-

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415

SESSION OF 1889.'90.

ment of the sum of pounds shil-

lings and pence, current money of our
said Island, due to of the

according to a judgment
obtained against the said before

Esquire, Judge of the Petty
Debt Court, for the being for

and the further sum of

pounds shillings and pence, for

costs and charges, as endorsed on the back
hereof ; but if you cannot find any moneys,
&c., and shall find any lands, houses, or
other real estate belonging to the said

you shall return this writ
into the Petty Debt Court for the
(first endorsing thereon a depcriptiou of
the lands, houses, or other real estate), for
the guidance and information of the Prov-
ost Marshal of this Island : And we do
hereby command such Provost Marshal to
attach and dispose of the same, or of any
other personal or real estate of the said
which he may levy on under any of the pro-
visions of "The Petty Debt Act 1890," ac-
cording to law, for and towards payment of
the sum pounds shillings

and pence.

Hereof fail not.

Dated this

and in the

reign.

year

Teste

of our

Judge.

Digitized by VjOOQIC

416
LAWS C^ BASBAIK3S

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SESSION OF 1889^90.

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LAWS OF BARBADOS

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SESSION OF 1889-'90.

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Digitized by VjOOQIC

42a

LAWS OF BARBADOS

Bhof^ titl^.

Diviaion of Act

Composition of
Education Board.

CAP. LXV.

(Assmtedto 23th October 1890.)

BARBADOS.

An Act to consolidate the
education.

Acts reletting to

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows ;

1. This Act may be cited as " The Edu-
cation Act, 1890."

2. This Act is divided into six parts
as follows : —

Part 1 — The Board and its Ofl&cers.
Part 2 — Elementary Schools.
Part 3 — Second Grade Schools.
Part 4— First Grade Schools.
Part 5 — University Scholarships.
Part 6 — Codrington College.

PART L

THE BOARD AND ITS OFFICERS.

The Board,

3. (1 ) For the purposes of this Act a Board
to be called the Edu(;ation Board, shall be
and the same is hereby established, and the
said Eoard shall be composed of a President
and eight other persons to be nominated
from time to time by the Governor, of
whom three at least shall be members of
the Legislative Council, and four at least
members of the General Assembly ; provided
always that the members so appointed from
the General Assembly shall continue to be
members of the Board in each subsequent
Session, if returned to serve therein, and
shall also continue to act as Members of the

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421
SESSION OF 188i>'90.

Appointment and
salaries of Officers.

Board after the expiration or dissolution,
and during the prorogation of the General
Assembly, without its becoming necessary to
make new appointments for the time being.
(2.) Should any member of the Board
decline to act, or unless absent on leave
from the Colony, absent himself without
sufficient excuse from three successive meet-
ings of the Board, the President of the
Board shall notify the same to the Governor
who shall thereupon appoint some fit person
to fill the vacancy thereby created.

Quorum,
L Any four members of the Education Quorum.
Board shall be sufficient to form a Board.

The Officers.

5. (1) The Education Board are hereby
authorised and empawered from time to time
as may be necessary, to appoint the follow-
ing officers who shall be paid the salaries
hereinafter specified monthly on the warrant
of the Governor-in-Executive Commifctee,
namely ;

Anlnspector £400 ^ annum

An Assistant Inspector d8300 „ „

An Inspectors' Assistant .£100 ,, ,,

A Secretary ^200 ,, „

An Assistant Secretary... <£ 75 „ ,,

(2.) The Assistant Secretary, and Inspec-
tor's Assistant are and shall be appointed on
such conditions as to tenure of office as the
Board may determine.

6. The Education Board may from time

to time as to them shall seem proper deter-

mine the duties to be performed by the In- Education Board
spector, Assistant Inspector, Inspectors' As-

Duties of Officers
to be determined by

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422

LAWS OF BARBADOS

sistant, Secretary, and Assistant Secretary.

Inspector and Ae- 7. The Inspector of Schools and Assistant

aintant Inspector to Inspector of Schools shall hold an examina-

hoU tiumisl exami- tion of all the elementary schools under

^'*^*^" their supervision at least once in every year

and report in writing on such schools to the

Education Board not later than the first

day of March in each year, to be by the

Education Board laid before the Governor

for the information of the Legislature.

Annual Estimates,

FtmcHons of Board. S- It shall be the duty of the Education
Board to gradually carry into effect, as
nearly as may conveniently be done, the
recommendations contained in the Report
To carry into ef- ^^ the Education Commission of 1874-5, so
feet tlie r*^tommen- far as the same are embodied in this Act,
datioua of the Com- first giving then* care to the amendment and
""^^^*^"* extension of the system of elementary edu-

cation ; and in order that this may be done
more effectually, and that the objects of this
Act may in all respects bo fully carried out,
they are hereby authorised and required to
forward to the G-overnor-in-Executive Com-
mittee for insei-tion in the General Colonial
To a iibtu it annual estimates an estimate in detail of all sums
yBtiraatc^g. which will be required for educational pur-

poses and for the working of this Act during
the then current or ensuing year — as the
case may be — and there shall also be for-
warded to the Govemor-iu Executive Com-
And Btatement of niittee to be laid before the Legislature a
exjpondituio. statement in detail, showing the expenditure

of the sums voted during the jireceding year.

^ J , , 9. In framing their annual estimates for

BoftTd not to siig- ^, r° • i. i.1. 1 _,

ffeat i\ 1/! tnt^r in- the purposes of carrying out the above-men-
crta?je than JBI^OOO tioned improvements and for the general

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423

SESSION OF 1889-'90.

educational service of the Colony, the Educa- on preceding years
tion board shall not in any one year suggest estimates,
any greater increase on the preceding year's
estimates than one thousand pounds but sub-
ject to this limitation, they are hereby autho-
rised to increase the estimates in each year
by such an amount as they shall deem proper
for educational purposes : Provided always proviso in case of
that in case of delay in voting the annual neglect or delay in
estimates for the purposes of this Act, from voting supplies or
whatever cause or in whatever manner otherwise,
arising, the Educational Establishment as
provided for by the then last voted estimates
shall in the meantime continue to be main-
tained from and by the public treasury, but
under no circumstances shall it be so main-
tained for any longer period than twelve
months ; and provided also that the annual
expenditure under this Act shall in no event
in any year exceed fifteen thousand pounds.

Supplementary Estimates.

10. In case any urgent necessity shall arise Supplementary Es-
for so doing, the Education Board shall timates.

have power in any year to frame and submit
supplementary estimates to the Executive
Committee to be by them submitted to the
Legislature for the piu*pose and in the man-
ner hereinbefore mentioned, subject to the
proviso as to yearly increase of the estimates
contained in the previous section.

Payments,

11. The Governor-in-Executive Committee Payments to be
is hereby authorised and requested to issue by warrant of the
warrants to the Treasurer of the Island for C^ovemor-in-Execu-
payment of such sums of money as may from ^^® Committee,
time to time be required by the Education

Board for the purposes of this Act, not ex-

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424

LAWS OF BARBADOS.

ceeding in any year the sum voted for the
same, or in case of delay in voting the an-
nual estimates, the sum last voted for the
same.

Rules and Regulations.

Board may make 12. The Education Board are hereby au-
niles and regula- thorised and empowered to make rules and
**^^®' regulations for all matters and things connect-

ed with the educational seivice of the Colo-
ny, or relevant to all and every the purposes
of this Act ; and further they shall have
power from time to time to alter, amend,
add to, or annul all such rules and regula-
tions and all such rules and regulations
when so made, altered, amended or added
To be approved by ^ shall be submitted to the Govemor-
QoTemor-in-Execu- in-Executive Committee for his approval,
tive Committee. and when approved shall be published six
times in the Official Gazette of this Island,
and shall thereafter have the force and ef-
fect of law in as ample a manner to all in-
tents and purposes as if they had been in-
serted in this Act.

Qenerol duties of the Board.

General duties of 13. It shall be the general duty of the
Board. Education Board to carry out the provisions

of this Act and to secure in all respects and
by all means its efficient working: they
»hall receive applications for aid from public
elementary schools and when they think fit
award the grants thereon ; they shall take
special care that all sums whatever granted
and paid under all or any of the provisions of
this Act shallbe properly and usefully applied
and expended ; they shall receive and consi-
der the Inspector's and Assistant Inspector's
reports ; and, whenever they may deem it
expedient they shall visit and examine any,

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425

SESSION OP 1889.'90.

school or schools receiving Legislative aid,
and draw up reports in reference thereto
and lay the same before the Governor for
the information of the Legislature.

Plans of BuildingB,

14. Whenever any new buildings shall be Plans of new build-
erected or any substantial alterations of 1^8^ to be approv^
existing buildings shall be made, underany by Education Board,
of the powers and provisions of this Act,

the plans for such new buildings or such
alterations shall in all cases be submitted
to the approval of the Education Board,
who shall have power to amend and vary
the same ; and for these and all other like
piu'poses of this Act, they shall be author-
ised to call on the Superintendent of Public
Works for his advice and assistance.
Annual Beport.

15. Once in every year the Education Board to present
Board shaU present to the Governor for **^^^*A Reports,
the information of the Legislature, a re-
port showing the general working during the

past year of the education system in opera-
tion under this Act.

PART n.

ELEMENTARY SCHOOLS.

School Buildings.

16. The burden of the education of the Burden of the
poorer classes shall be borne by the general Eiucation of the
revenue of the Colony, and not by the par^ P^' Gene^^Rev^
ochial rates of the several parishes, and shall ^^^^^ enera

be defrayed by the Education Board out
of the sums annually to be voted for the p .
purposes of this Act; provided however that . ■ "^^^ L^m55"^*
the vestries of the several parishes shall be ^Heep thert
and are hereby required to provide by repair.

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LAWS OF BAEBADOS

building or otherwise, and keep in good
repair all such school buildings, including
teachers' houses, as the Education Board
shall from time to time by requisition in
writing call upon them to provide or put
To comply with in good repair in their several parishes, and

i^niBitions of the the said vestries shall in all respects comply
^ with requisitions of the Education Board in

respect of the construction or repairs of such
school buildings and for the purposes of this
section the said vestries are hereby author-
Authorised to lay ised and required to lay rates in their respec-

ratei for the pnr- tive parishes at every annual laying of rates;

P^® provided however that in the case of Saint

MichaeFs parish, no such requisition shall be
for a greater amount than two hundred
pounds in any one year ; in the cases of the
parishes of Saint Philip, Christ Church, and
Saint George* for a greater amount than
one hundred pounds in any one year ; and
in the cases of the other parishes respec-
tively for a greater amount than seventy
five pounds in any one year; and provided
also that the vestry of any parish may
Appeal to Gov- appeal within fourteen days after such

emor-in-Ezecutlve requisition shall have been made to them,

Committee. to the Governor-in*Executive Committee

in respect of the subject matter thereof,
and the Govemor-in-Executive Committee
after inquiry into the matter shall have
power either to confirm, modify, or disallow
any such requisition.

Kvlea for Elementary Schools.

Board to make 17, The Education Board shall make rules

rules and regula- and regulations for the good government of

m^t orpirf^^rT" *^^ P"*^^'^ elementary schools; for the sub-

Schools J®^^^ ^^ ^ taught, and the course and order

of study in such schools ; for the appropri-

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427

SESSION OF 1^9-^90.

ation of tbe sums granted in aid thereof ;
for settling and enforcing the payment of
the fees to be paid therein ; and for the
remuneration of the masters, mistresses, and
pupil teachers thereof

Conditioni of Aid,
18. (1) No primary school shall be en- j^o primary school
titled to be placed on the list of the Educa- to receive legisla*.
tion Board to receive Legislative aid unless tlve aid unless a
the number of children in actual average certain average at-
attendance at such school during the three tendance is attained,
previous months be not less than fifty
excejjt as respects the parish of Saint An-
drew, in which parish the required average
attendance, as aforesaid, shall be thirty-
five ;

(2) After any such school shall have
been placed on the list of the Education
Board and shall have received Legislative
aid, it shall be lawful for the Education
Board to continue to make grants to such
school, although the average attendance
as aforesaid of children may have fallen
below fifty in the other parishes or below
tJiirty-five in the case of Saint Andrew, if
and so long as circumstances shall appear
to them to justify it ; provided always that
in no case shall Legislative aid be granted
to any such school when its average atten-
dance as aforesaid shall have fallen below
thirty in the other parishes, or below
twenty in Saint Andrew.

(3) Notwithstanding the preceding pro-
visions of this section the Education Board
may^in any case,^if exceptional circumstan-
ces 80 demand, exact a lower average attend-
ance in the case of any school than that
hereinbefore mentioned.

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LAWS OF BARBADOS

No aid to Coinplexional SchooU,

^hooU for the 19. No public money parochial or other-
EdiLca^on of chil- ^jg^^ ^^^^n ^^^ crraiited under any circum-
^Mp:2..Ci:S«^ncee ox- in ai,y form in aid of the funds
to leceive Legisla- of any school maintained for the education
tive aid. of children of any particular complexion.

Boles.

'■ Dolea" probib- 20. No person connected with any public
it€d. elementary school shall give or distribute

to any child attending any such school,
any dole or portion of food or clothing
or any money, for the purpose of inducing
such child to attend school.

School Committees.

Bcho'A Commit- 21. Every public elementary school shall
teet. be under the immediate superintendence

of a Committee composed of the Minister
of the district, or of the congregation with
which such school is connected, and two
laymen to be appointed annually by the
Education Board, and in each case the
said Minister shall be the Chairman of
such Committee, and the Committee shall
exercise all the rights of patronage in such
school, including the appointment and dis-
missal of the master or mistress or pupil
teachers of such school, subject however
to approval by and a right of appeal to
the Education Board.

Factory Acts,

Education Board 22. The Education Board shall have
may
eration

pie * ^^^ ^ ^^ ^^ «^ „

^^ ' * Acts, that is by providing that it shall

not be lawful for any j^erson to employ
any child under the age of twelve years,

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42^
SESSION OF 1889'-90.

to work for any pecuniary wage or any re-
ward whatsoever, tmless previous to sucli
employment such child shall have passed a
minimum standard of educational qualifi-
cation to be fixed by the Education Board,
before the Inspector of schools or the As-
sisant Inspector, or, in the case of other
than public elementary schools, before such
person as the Education Board shall ap-
prove. Provided that to acquire the educa-
tional qualification herein referred to, no
child stall be required to pass an examina-
tion in any religious doctrine or instruction,
except with the knowlesre and concur-
rence of the parent or other lawful guar-
dian for the time being of such child.

Hcdf thne system,

23. Either as an alternative to the proce-
dure indicated in the last foregoing section
or concurrently therewith, as they shall
think fit, the Education Board shall have
power to make rules and regulations for
bringing into operation the half-time system
that is, for compelling the attendance of
children under the age of twelve years at
some recognized school, public or otherwise,
during a certain number of days or a certain
number of hours in each week, as they shall
think fit, the usual periods of school holidays
being excepted. Provided that no such
rule or regulation shall in any way interfere
with the religious belief to which any child
so compelled to attend school may belong, and
provided that any rule or regulation made un-
der this section requiring a child to attend
school shall provide for the total or partial
exemption of such child from attending
school, if the Inspector or Assistant Inspect-

Conscience clause.

Half time system.

Coa8cience clause.

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LAWS OF BARBADOS

or of schools certifies that such child has
reached such a standard of education as
would in the opinion of such Inspector or
Assistant Inspector be sufficient to exempt
the attendance at school of such child, and
the Inspector or Assistant Inspector is here-
by required to examine any child for the
above piurpose when instructed so to do by
the Education Board.

Bides and Regulations.

Board may make 24. The Education Board are hereby au-
provisions for carry- thorised and required to appoint such officers
1^ out sections 22 ^^^ ^^ ^^^ke all such rules and regula^iions
as may in their judgment be necessary for
carrying out, in the most effectual and at
the same time the most simple and least
harrassing manner, the intention of the two
last preceeding sections or either of them
and such rules and regulations, besides being
approved and published as is hereinbefore
provided, shall be laid on the table of both
Houses of the Legislature, and if within
twenty-one days thereof, either House shall
present an address to the Grovemor against
any of the said rides and regulations, then
such rule or rules and regulation or regula-
tions shall ipso facto stand annulled ; and
Penalty for viola- ^^^ person violating any rule or regulation
tion of rules. passed under this Act, except any rule or

regulation which may have become annulled
in the manner specified by this section, shall
be liable for every such offence to a penalty
not exceeding ten shillings, to be recovered
as in the case of servants' wages before a
Police Magistrate, on the complaint of any
person, and to be paid into the public trea-

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431
SESSION OF 1889^90.

Exhibitions,

25. la order to facilitate tbe bringing of Six Exhibitions of
very promising boys in humble eircumstan- ^f^ ewih fcobeheld
ces within tbe reacb of the advantages of *^,^^^f ^y'loj^n
bigh education, six exhibitions, not exceed- humble means,
ing twenty five pounds per annum eacb in

value, may be awarded, one in eacb year, by

the Education Board, to boys of sufficient

merit, educated in the primary schools of this

Island, to be held at any first grade school;

and the candidates for such exhibitions shall Board to settle

be admitted to complete under such condi- conditions of com-

tions as to age, and shall be examined in the petition.

manner and in the subjects and under the

conditions, which shall be prescribed in any -

rules made by tbe Education B'Jard for that

purpose, and the exhibitions shall be tenable

for not more than six years each, on such

terms ^nd conditions as the Board sball in

like manner appoint.

Examination of Teachers.

26. An annual examination of such teach- Teachers exami-
ers as shall ofEer themselves for that puq^ose ^^-^i^^"-

sball be beld by such persops as the Educa-
tion Board shall appoint, and a list of all
who pass shall be published, and those who
pass with credit shall be ranked in two
honour-classes, and annual premiums shall
be awarded b}'^ the Education Board to
teacbers holding certificates granted by the
Board according to a scale to be fixed by
the said Board.

Pupil Teachers.

27. The master or mistress of every Ele- Pupil Teachers,
mentary School which the Inspector of

Schools or the Assistant Inspector shall
certify, subject to the rules of the Education
Board, to be in a fit state for employing and

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LAWS OF BAKBADOS

Bxamination of
Pupil Teachers.

Training 'school
for Masters.

training pupil teachers, shall be allowecU
subject to the rules aforesaid to receive, as
such pupil-teachers, young persons who shall
be at least fourteen years of age, have a
good character from their Minister or some
other respectable person, and pass a satisfac-
tory examination ; and for every such pupil-
teacher so received the said master or
mistress of such school shall receive such
payment as the Education Board shall think
fit.

Examination of FupU Teachers.

28. Every such pupil-teacher who shall
have been admitted into any school as afore-
said, and who shall produce a certificate of
good conduct for the preceding twelve
months froih his Minister or some other
person approved of by the Education Board,
shall be examined annually by such persons
as shall be appointed for that purpose from
time to time by the Education Board, and
shall, if he pass, be entitled to receive a
certificate, and be classified according to his
proficiency, and shall receive such allowance
as the Education Board shall think it proper
to make.

Training of teachers.

29. The Education Board shall in each
and every year select by competition from
among the pupil-teachers a certain number
of candidates to be specified by the Board for
masterships in primary schools, to be paid a
sum not exceeding twenty poimds each per
annum and to be trained in some Institu-
tion to be approved of by the Board for
two years each, if they shall conduct them-
selves properly during that period, and to

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433
SESSION OF 1889'.90.

Training of mis.

be subject in all things to the control and
superyision of the Education Board ; provid-
ed the expenditure for such purposes shall
not exceed two hundred pounds in any
one year And the Education Board shall,
make such arrangeroents, together with
such rules and regulations for the instruc-
tion and discipline of such students as they
shall deem meet; provided always, that
the lights of conscience of each and all of
such students in respect of their religious
beliefs shall be duly and fully protected in
all such arrangements, rules and regula-
tion e, if any, as may be made.

30. The Education Board shall have power
to make arrangements for the training of a
certain number of female teachers for Ele-
mentary schools under like conditions to those
contained in the last preceding section, pro-
vided that the expenditure for such pur-
poses shall not exceed one hundred pounds
m any one year.

Industrial and Bagged Schools.

31. The Education Board shall have Board magrfcame
power, and they are hereby required, to scbemes for esfaiib-
irame schemes for the establishment of an iisbment of Indus-
industrial school in or near Bridgetown, and *'*^'*^ Schools,
also, if they shall think it advisable, oJF one

or more Industrial Schools in such localities
in the country districts as they shall judge
best suited to the purpose, and also, if they
shall think fit, for the establishment of Rag- k a-d a

ged Schools in Town or elsewhere; and the gchook * ^ ^ ^
Board shall submit such schemes to the Leg- ™ h > fn th
islature along with the estimate of the cost LegisiJJtrari.
of the establishment of such school or schools
to be by them approved, amended, or disallow-
ed as the case may be, and the Board are.

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SESSION OF 1889-'90.

Bnleeand regula- hereby authorised to make rules and regula-
^^^^' tions for the maintenance, good government,

and working of such school or schools when
so established, and to appoint such ojfficers
from time to cime as they shall judge to be
necessary, and at such salaries as they
shall think fit.

PAET III.

SECOND GRADE SCHOOLS.

Schemes for Establishment.
Board m^y frame 32. The Education Board shaU have pow-
UshTent of J^ond' «^' ^^ *W are hereby required to frame
grade schools. schemes for the establishment, either con-

currently or from time to time, of second
grade schools in such localities as may be
deemed by them expedient.

Schemes how framed^ and dealt ivith.

Descripticn of 83. Whenever, and at such times as they
Bchemesto be ^awn g]jali think proper, the Education Board shall
^nt of ^second " f^^°^^ schemes as aforesaid for the establish-
^rade schools. ment of such second grade schools as they

shall deem expedient ; and in such schemes
they shall set forth the proposed name and
the actual locality of such school, the compo-
sition, functions and powers of the GToveming
Body thereof, the course of study to b^
pursued therein, the public grants or allow-
ances to be made towards the establishment
or maintenance thereof, the application, if
any, in aid thereof of any parochial endow-
ments as hereinafter provided, and all such
other matters and things as the Board shall
think it right to set forth ; and such schemes
Schemes to be laid ^^^^ ^^ framed as aforesaid shall be present-
before the Legisla- ®^ ^7 ^^® Board to the Legislative Council
ture. and the House of Assembly, and shall lie on

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435

LAWS OF BARBADOS

the table of the two Houses for a period of
two months, and immediately after they
shall have been so presented as aforesaid,
the Education Board shall also cause such
schemes to be published three times in
the Official Gazette ; and if within the
period aforesaid no petition shall be
presented to the two Houses of the Legis-
lature against the provisions of the said
schemes, or any or either of them, then im-
mediately on the expiration of the said two
months from the date of their said presenta-
tion, the said schemes shall have the force of yaii(iofi t
law and be as valid to all intents and pur- gchemes.
poses as if they had been inserted in this
Act ; but if any petition shall within the
time limited as aforesaid be presented to the
two Houses against the provisions of the said
schemes, or any or either of them, the peti-
tioners shall be heard by a joint Committee
of both Houses, to be composed of three
members of the Legislative Council and four
members of the G-eneral Assembly, and if
the schemes shall be allowed by the said
joint Committee, they shall have the force of
law as aforesaid from the date of such allow-
ance, but if the joint Committee shall think
fit, they mav refer such schemes back to the
Education Board for amendment, and the ge^mes ""^"^
schemes when so amended shall be again
presented to the two Houses, and shall be
dealt with in all respects and shall be sub-
ject to the like provisions, as regards the
right to present petitious, and the mode of
finally becoming law, as are h(ereinbef<.>re
enacted in respect of the original schemes, t^- n
Provided that it shall be lawful for the two gchomes *^''''
Houses of the Legislature within the said
period of two months, by Resolution or

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436

LAWS OF BAEBADOS

otlierwise, to amend or disallow in any re-
spect any saeh scheme, original or otherwise.
Alt e rat i o n of Any scheme may after it has become law
schemes. under the aforesaid provisions be ref ramed

altered or amended by the Education Board
provided that any such reframed scheme
alteration or amendments therein shall be
submitted to both branches of the Legisla-
ture and be dealt with in all respects under
this section as if it had been an original
scheme.

Ooveming Bodies.

€K>v«niiDg Bodies 34. When and so soon as such schemes for
^. '^^^^^ Rrade the establishment of second grade schools
bcSS^cX)^^"'^ shall have acquired the force of law in the
^^ manner hereinbefore mentioned, the several

Ooverning Bodies as therein constituted
shall be and become bodies corporate to all
intents and purposes, and shall have a per-
petual succession and a common seal, and
shall sue and be sued by the name assigned
to them severally in the said schemes and
all lands, buildings, property, and effects
whatsoever belonging to or thereafter to be
acquired by the said schools, shall be vested
in the respective Governing Bodies thereof.
Chants in aid,

araote to second 35. The Education Board shall have power
grade Schools. and they are hereby required to propose, in

the annual estimates hereinbefore provided
for, such grants as they shall think proper
in aid of the second grade schools alreadv
established or to be established as aforesaid.

Bules for government,

-, , . , 86. In consideration of the said grants to

grfdrlchool. tl^« ««<^o«<i g^^« «<^^^^1«' ^^^ Education

Board shall have power to «all on the Gover-

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437

SESSION OF 1889.'90.

ning Bodies of such schools to frame statutes
and rules for the good government and
regulation of such schools, and the said
Governing Bodies shall from time to time
alter, add to, or rescind the same, and such
original, added, or altered statutes and rules
shall in all cases be subject to the approval
of the Education Board.

Exhihitioiis.

37. For the purpose of encouraging the Sixty exbibitions
studies of deserving boys at the second grade ^' ^^ ®^^ P®' -
schools, the Education Board shall hnve'^^^^^^^l^^^'^''^
power to place on the annual estimates here-
inbefore provided for, a sum not exceeding
three hundred poimds in each year, to be
expended in sixty exhibitions at five
pounds each per annum, and these exhi-
bitions shall from time to time be awarded
after due advertisement, according to the
results of an open competitive examination,
and shall be tenable at any of the said se-
cond grade schools, at the option of each
exhibitioner's parent or guardian ; and the
Education Board are hereby authorised and
required to make rules and regulations for
settling the age and qualifications of candi-
dates, and the character of the examinations
to be held for such exhibitions, and also for
determining the conditions on which such
exhibitions shall continue to be held, by
those to whom they may be awarded and
for prescribing all other matters and things
in relation to the said exhibitions ; and they
shall also have power to make provision for
the remuneration of the persons to be ap-
pointed by them to examine candidates for
such exhibitions.

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LAWS OF BARBADOS.

Parochial Exhibitions,

tr^^^«- «•««..-, 38. The vestries of the several parishes
eved to lay rates for snail have power and they are hereby au-
parochial Exhibi- thorised if they shall think fit, to lay a rate on
ti<mB. the rate-pavers of their respective parishes,

along with the general annual rates, for the
puipose of raising a reasonable and proper
sum for the maintenance of parochial ex-
hibitions, at the second grade schools con-
nected with their respective parishes, for
the children of parishioners in straitened
circumstances ; and such parochial exhibi-
tions shall be awarded and held subject to
such provisions and to such rules and regu-
lations in respect of candidature, examina-
tion, and all other matters relatingj thereto,
as may be made by the Education Board.

Anriual Examinations.

Annual examina- 39. In order to maintain a high standard

tion ^kc, of second of efficiency in the second grade schools, the

gradu schools. Education Board are hereby authorised to

make such arrangements as they shall think

proper for the annual examination, and, if

practicable the inspection of the said schools.

PART lY.

FIRST GRADE SCHOOLS.

Mowrd to determine First Grade Schools.

Board to deter- ^ ^^\ ^^ ^^^^ ¥, ^^^ ^^^3^ ?^ *^^ Education

mine what schools Board to provide as occasion may demand,

aj-<3 tn be first grade that First Grade Education be brought with-

achook. in the reach and means of such inhabitants

of this island as desire it for their sons ;

and the said Board shall determine what

schools shall be schools of the First Grade

and shall define the functions and powers Joi

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439

SESSION OP 1889'^.

the Governing Bodies of all such schools,
and also of the Head Masters thereof, and
shall frame schemes for the management of
such schools, and shall have power to call
upon the said GToverning Bodies by requisi-
tion in wr icing from time to time to frame
Statutes, Orders, and Rules for the discipline, Rules Ac., for flrat
government, and course of instruction of grade schools,
such schools, as far as may be in conformity
with the report and recommendations of
the Education Commission aforesaid ; and
the said Statutes, Orders, and Rules, when so
framed shall be approved, amended, or re-
ferred back by the Education Board, and
when finally settled shall be published for
general information in the Official Gazette.
Provision for Instruction.

41. In framing such scheme as aforesaid Cvirriculum,
the Education Board shall make due provision

that instruction be given not only in the
English and Classical Languages and Litera-
ture and in Mathematics but also in the
French Language and in the elements of
one or more of the Natural Sciences, and,
when practicable, in the G-erman Language.
They shall also provide that in one First
Grade School at least, arrangements be
made so as to secure a thorough and solid
education for such boys as may require a
modem in lieu of a classical education.

Annual Examination and Insjpection.

42. In order to secure a high standard of
Education in the First Grade Schools, the in^wion*
Education Board are hereby authorised and
required to make provision, as they may
deem best after consultation with the Gov-
erning Bodies and Head MastexB of the
said schools, for the thorough annual ex-

Examiviation and

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LAWS OF BAEBADOS

amiDation and, if practicable, the periodical
inspection of such schools, whether by
qualified residents in this or neighbouring
Colonies, or by invoking the assistance of
examining Bodies in England, or by secur-
ing the periodical visits of a travelling In-
spector from England; and the said Board
are hereby empowered, if they shall sec fit, to
enter, through His Excellency the Governor,
into negotiations with the Governments of
neighbouring Colonies in order to secure the
services of such travelling Inspector, con-
jointly with them, and the Board shall
also have power to carry into effect any
agreement that may be arrived at after such
negotiations.

Publication of Reports.

Publication of 43. As soon as possible after the conclu-
rc*|wrtB of Exami- sion of each such examination or inspection,
n^isatid Inspectors, the Education Board shall pubHsh in the
Official Gazette so much as they shall think
fit of the Reports of such Examiners or
Inspectors, as the case may be ; and they
shall also at the close of each year, or as
soon thereafter as possible, publish in like
manner a Eeport of each First Grade School
which shall be furnished by the Governing
Body of each such school, setting forth the
actual state of the school as to numbers,
attendance, discipline, subjects of instruction,
and general condition, together with a
statement of income and expenditure for the
year then expired.

Exhibitions,

Exhibiticna at 44. Yot the purpose of encouraging the

fir.t grade schools. ^^^^^^-^^^ ^^ deserving boys at the Fu-st

Grade Schools, the Education Board shall

have power to place on the annual estimates

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441

SESSION OF 1S89'.90.

hereinbefore provided for, a sum not exceed-
ing three hundred and fifty pounds to be
expended in exhibitions for the benefit of
bojs who are natives of Barbados, or the
sons of a native, and whose parents are not
in well-to-do circumstances; and the said
Board are hereby authorised and required
to settle and to publish in the Official Gazette
the numbers and value of the several
exhibitions to be thus created, having due
regard to the recommendations of the said
Education Commission in that behalf;
the age and qualifications of the candidates
for the same; the nature and periods of
the examinations to be held for awarding
the same ; and the conditions and duration
of tenure ; provided always, that the said
exhibitions shall be awarded according to
the results of a competitive examination,
to be conducted under the direction of
the said Board, to boys only who show
real merit, and shall be tenable at any First
Grade School at the option of the successful
candidate's parent or guardian.

Habbison College.

Ooverning Body

45. The President of the Council for Constitution of
the time being, the Speaker of the House Governing Body of
of Assembly for the time being, the Attorney Harrison College.
General for the time being, the Eector of
the Parish of Saint Michael for the time
being, the Churchwarden of the Parish of
Saint Michael for the time being, and two
members of the Vestry to be chosen annually,
shall, together and in conjunction with the
Education Board, be the Trustees and Direc-
tors of •* Harrison College forall intents and
purposes: provided however that theEJduca-

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442

LAWS OF BARBADOS

tioiL Boftrd, as suob shall still exercise its dis-
tinct functions in respect of the said School
as otherwise provided for.
GoTeming Body 46. The said School shall be a School of
to be a body corpo. the First Gmde, and shall be styled and
^^' called **Harrisdn College'^ and the said

Trustees and Directors thereof shall be styled
and called ** The Governing Body of Harri-
son College,'* and they shall be and are
hereby conirtituted a body coi-porate, aixd
shall have u perpetual succession and a
common seal, and shall sue and be sued
under the style and title aforesaid ; and in
the said Governing Body of Harrison
College shall vest without any conveyance
all the estate, property, and effects, of what
nature and kind soever, and also all the
rights and liabilities, which severally were
formerly of the Trustees and Directors of
the said School; and any five members of
the said G-oveming Body shall be sufficient
Qnomm. to form a quorum for the transaction of

the business of the said School.

Anjiual grant in Aid

Annual grant of ^7. For the purpose of supporting Harri-
jgl.uOO. ^^^ College and assistmg the Governmg

Body thereof in making good any guaranteed
salaries of masters of the said College, an
annual sum not exceeding one thousand
pounds is hereby granted from the public
treasury to the Governing Bodf, to be paid
to them or their order from time to time,
on the warrant of the Govemor-in-Executive
Committee on their certifying to the
Governor-in-Executive Committee that the
same is required, and the Governing Body
shall apply such moneys when received to
and for the purposes aforesaid ; provided

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SESSION OF 1889'.90.

always that the full course of instruction
defined in section forty one of this Act,
shall be strictly carrid out ; and provided
also that whenever the pupils in the said
, College shall be below the number of one
hundred, the grant hereby made shall be
reduced to the sum of eight hundred pounds,
for the period the number of pupils shall
continue below one hundred ; and provided
also that whenever the number of pupils in
the said College shall fall below sixty, the
said grant shall be further reduced to the
sum of four hundred pounds for the period
the number of pupils shall continue bslow
sixty.

Vestry Exhibitioiia.

48. For the purpose of assisting at the Vestry Exhibi-
said College in the education of ten boys tions at Harrison
whose parents, being parishioners of Saint ^o^l^g^-
Michael, are in straitened circumstances,

to the extent of ten pounds each per annum,
the Vestry of the parish of Saint Michael
are hereby authorised to apply a sum not
exceeding the sum of one hundred pounds
of the monies raised at the laying of their
rates in each and every year, which said
sums so raised as aforesaid shall yearly be
paid over by the vestiy to the Governing
Body of tlie said College, to be applied by
them for the purposes aforesaid.

By whom nominations exercised,

Examination of

49. The nomination of the ten bojs for Exhibition«r8.
whose education part provision is made in ^

the last preceding section shall be exercised
by the vestry of Saint Michael and the
boys nominated, shall be examined as the
Education Board shall think fit and
shall make provision, and the said Board

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shall thereafter elect accordiDg to the results
of such examiDation ; provided that no boy
Limit of age. shall be eligible for an exhibition who is
leBs than seven jears of age or more than
fifteen ; and provided also that the exhibi-
tioners so elected shall hold their exhibitions
subject to such rules and regulations as to
conditions and period of tenure as the Educa-
tion Board shall from time to time establish.

The Lodge School.

Lodge School vest- , ^?- ^h^ ^^™f.^ contract with the Society
ed m Governing lo^ the Propagation of the Gospel m foreign
Body of same ac- parts for the trausfer by the said Society to
cording to the con- the said Board of the Lodge School in the
*™^** parish of Saint John with its site, buildings*

playgrounds, and all appurtenances, is here-
by confirmed, and the site, buildings, and all
appurtenances of the said Lodge School
shall be vested for all intents and purposes
whatsoever in the Governing Body herein-
after established for the same, to hold the
same according to the terms and conditions
of the said contract.

Governing Body.

OovemiDg Body 51- The following persons shall constitute
the Governing Body of the Lodge School ;
viz., the Lord Bishop of Barbados, the
President of the Legislative Council, the
Speaker of the House of Assembly, the
two representatives in the General Assem-
bly for the parish of Saint John, the Prin-
cipal of Codrington College, the Rector of
Saint John, and two other persons to be
nominated by the Governor. Three shall
form a quorum.

To be a corporate ^2. The above mentioned officers and per-
body. sons shall be styled the ** Governing Body

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SESSION OF 1889-*90.

of the Lodge School," and shall be a corpo-
rate body, and shall have a perpetual suc-
cession and a common seal, and by that
name shall sue and be sued, and in them
shall be vested the site, buildings, and all
appurtenances of the said Lodge School, on
the terms, and subject to the conditions, on
which the same have been banded over
by the said Society to the Education Board.

Annual Chant in Aid.
63. For the purpose of assisting in the ^^„^ ^^ ^
maintenance and support of the said school, jesoo.
a sum of five hundred pounds per an-
num shall be and is hereby granted from
the public treasury, to be paid to the Gov-
erning Body of the said school on the wai'-
rant of the Govemor-in-Executive Commit-
ee ; provided always that if at the expira-
tion of two years from the establishment of
such school, the number of boys therein
shall be below thirty, the grant shall not be
payable, and the payment thereof shall be
suspended during such time as the said
number of boys shall remain below thirty.

Parochial Exhibition.

54. The vestries of the parish^ of Saint Vestries of St.
Philip, Saint John and Saint Joseph, shall Philip St. John and
be and thev are hereby authorised to make ^.'''^q'^f ®P}^ autho-
and lay rates at the general laying of rates fifijxhibi^onT^S
m each year, for the purpose of raising the the Lodge School,
sums of sixty pounds, sixty po'inds and for-
ty pounds, respectively, to assist in the edu-
cation at the said school of the sons of per-
sons in straitened circumstances ; and the
exhibitions thus provided for shall be of
such value as the Education Board shall
appoint, and the said vestries shall respect-
V i ^ nominate candidates for. vacancies as

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LAWS OF BARBADOS

the case shall be, and thereafter the like
proceedings shall be had, and the like rules
Conditions of "^^^ conditions observed, as are hei^inbefore
Exhibitions. set forth in the forty ninth section in regard

to the exhibitions provided at Harrison Col-
lege by the Vestiy of Saint Michael.

Queen's College.
School for Girle.

« Queens" College 55. The school for girls called "The
to be a first girade Queen's College," shall rank as a first grade
9ob0^» kow con- school, and shall be conducted on the lines
daciea. ^£ ^^^ prospectus set out in the schedule B

to this Act annexed ; and a sum not exceed-
ing four hundred pounds may be placed on
the annual educational estimates for the
support thereof, until such school shall
have become self-supporting.
Oaverning Body,

Governing Body. 56. The members of the Education Board
shall constitute and be the Go^'erning Body
of the Queen's College, and shall have pow-
er from time to time to alter and amend the
original scheme for the establishment and
maintenance of the Queen's College or any
amended scheme made in accordance with
the provisions of this section, but such
amended sch^ne shall be subject to the pro-
visions of the last preceding section of this
Act.

Lands and Buildings,

Lands &c., vested 57. All lands and buildings now forming
in Governing Body, the site and buildings of Queen's College
and all lands adjoining the Queen's College
formerly occupied by the Training School
or by the Clerical Library, are hereby
vested in the Governing Body of the Queen's
College.

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SESSION OF 188^.*90.

Examination,

58. In order to test and mamtain the Examination &c.,
efficiency of the above-mentioned school for of Queen's College,
girls, the Education Board shall make rules

and regulations for the holding of such ei-
amipations or inspections in connection with
the said School, as they shall think most
suitable, and they shall make provision in
their i annual estimates for the cost of the
same.

Loan to Queen* s College,

59. A loan of four hundred pounds is j^^^^ ^^ Otieen-i
hereby granted from the public treasury to College.

the Governing Body of Queen's College for
the purpose of assisting such G-oveming
Body to pay a loan of five hundred pounds,
raised under the provisions of " The Queen's
College Loan Act, 1885,'* and the Act of
the eighth day of February, one thousand
eight hundred and eighty seven, entitled,
Ai Act to amend ** The Queen's College
Loan Act, 1885,'' and the G-overnor-in-Sk-
ecutive Committee is hereby authorised and
required to issue a warrant to the treasurer
of the Island requiring him to pay as a
loan the said sum of four hundred pounds
to the order of the said Governing Body of
Queen's College, and the lands and build-
ings of whicii the said Governing Body may
be possessed for the purposes of the said
School shall be charged with, and subject
and liable to the payment of the said loan
of four hundred pounds hereby granted,
until the same shall be repaid.

60. The said loan shall be repaid on or
before the thirty first day of December one
thousand nine hundred and two.

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LAWS OP BARBADOS

Qilchrist Scholar.
■Up.

^5 per vmum.

How payable.

Pembroke
Mrthip.

Schol

PART V.

UNIVERSrrY SCHOLARSHIPS.

Oilchrist Scholarship.

61. Whenever auy native or the son of
a native of Barbados, who shall have receiv-
ed his education in this Colony for at least
three years immediately preceding the ex-
amination, shall successfully compete in this
Island for a Gilchrist Scholarship, he shall
be entitled to receive and shall receive for
the said term of three years from the pub-
lic treasury, the sum of seventy five pouuds
per annum, the said sum shall be paid to him
quarterly to his order out of the treasury on
the warrant of the Govemor-in-Executive
Committee on the certificate of the Regis-
trar, or the head of a College or of some
other proper authority of any British Uni-
versity at which he may be pursuing his
studies that he had duriug such quarter
satisfactorily pursued his studies at such
University or had been prevented by serious
illness from so doing.

Pembroke or other similar Scholarships.

62. Whenever a native or the son of any
native of Barbados, who shall have received
his education in this Colony for at least
three years immediately preceding the exam-
ination shall be elected to any exhibition
tenable at any College of one of the English
Universities, on conditions aj^proved of by
the Board, such exhibition being crea-
ted by a gift to the Education Board of a
sum of four hundred pounds in four annual
instalments, and to be competed for by the
youths of this Island as an exhibition ; he
shall, at the discretion of the Board be en-

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SESSION OP 1889-'90.

titled to receive for the said term of four
years from the public treasury the sum of
seventy five pounds per annum, and the ^1^ V^^ annum
said sum shall be paid to him in all respects ^^^ payable,
in the like manner, and upon the like con-
ditions, to those set forth in the last pre-
ceding section of this Act. Provided always
that if any holder of any such exhibition
shall at any time forfeit the same imder any
of the conditions imposed by the donor,
then and in every such case the grant made
by this section to such person committing
such forfeiture shall immediately cease and
determme.

Barhadoa Scholarships.

63. In order to further develope the high- Barbados Schol-
er educational interests of this Island and to arship.
encourage youths who may show promise in
the prosecution of their studies, by enabling
them to complete their education at an En-
glish University, four scolarships, to be
called the ** Barbados Scholarships," each
of the annual value of one hundred and
seventy five pounds, and tenable during ^176 per annum
residence as a member of the University for
a period not exceeding four years, either at
Oxford or Cambridge, shall be established
by the Education Board — one to be com-
peted for annually — and the said Board
shall have power and they are hereby
required to make rules and regulations for
the admission of candidates, for the chamc-
ter and conduct of the examination for the
terms and conditions on which the said
Scholarships shall continue to be held, and
for all other matters and things whatsoever
relating to the competion for the said
scholarships, and. to the tenure thereof.

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LAWS OF BARBADOS

Examinatian.

Examiiuttion for 64. The examination for the said " Barba-
BarbadoB Scholar- dos Scholarships'* shall be conducted under
*^^P- the direction of the Education Board by

papers sent from England, and returned
thereto, and the Schohu^hips shall onlj be
awarded by the said Board to youths, who
are either natives or the sons of a native or
of persons domiciled in this Island, and
who have been for the three years imme-
diately preceding, receiving their education
in this Colony, and who shall on the exam-
ination for the said Scholarship attain such
a standard of proficiency, as prevails gene-
rally at the Colleges of Oxford and Cam-
bridge, in respect of examinations for open
Mcholarships and exhibitions.

GrmUfrom treasury.

Grant towards ^5- Every person elected to one of the
BarbadoB Scholar- said Scholarships shall be entitled to receive
8liip. and shall receive for the said term of four

years from the public treasury the sum of
one hundred and seventy five pounds per
annum and the said sum shall be paid to
him in all respects in the like manner and
upon the like conditions to those set forth
in section sixty one of this Act ; provided
always that the said scholarships shall be
held subject to any rules which may be
mode by the Education Board in that behalf.

Payment by Crown AgewU,

^ Payment through 66. The Oovernor-in-Executive Commit-
the Crown Ageots. tee may direct any sum granted under the
provisions of the five sections next preced-
ing, to be paid to the parties entitled to
receive the same, or their order, by the
Crown Agents for the Colc^ies, upon their^
receiving in each case the certificate herein-

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SESSION OF 1889' 90.

before specified, and any necessary expenses
incurred in making such payments skall be
defeay«d out of the Public Treasury by
warrant of the €k>Ternor*in-Executive Com-
mittee.

PAET VI.

CODEINGTON COLLEGE.

67, The Education Board shall be and Duties and
they are hereby charged with the duty of PP^ers of Educa-
submitting as soon as may conveniently be ^^^^^^^^^^^

done, detailed plans to the Society for the ^^ College.
Propagation of the Gospel in Foreign Parts,
for worMng Codrington College into the
Educational System of the Island, and of
carrying on negotiations with the said So-
ciety with the abovesaid object in view ; and
they shall suggest to the said Society the
expediency of adopting such recommenda-
tions as to the general administration and
Professorial Staff of the establishment, as
are contained in the Report of the IJduca-
tion Commission or otherwise as they shall
think fit ; and iu particular it shall be the
duty of the Education Board to impress on
the said Society the great importance of
appointing at once a College Council or
Governing Body with definite but large
lowers assigned to it, subject only to such
decks and general control as the said So-
ciety shall deem expedient ; and the Board
shall from time to time as they shall think
fit, report their proceeding under this sec-
tion, jmd the results thereof to the Gover-
nor, for the information of the Legislature.

Island Scholarship.

68. An annual sum of one hundred and island Scholar-
sixty pounds shall be and the same is here- ship.

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LAWS OP BARBADOS

by granted to the Education Board, to be
paid to thetn from time to time, on their
reguisition by the warrant of the Governor
in-Executive Committee and to be applied
by them to the establishment of four schol-
Kamber and value arships of the annual value of forty pounds
of Scholarships. each at Codrington College to be competed
for and held subject to such regulations as
the Board shall think fit from time to time
to make ; and the said Scholarships shall
not be confined to any particular faculty*
and shall be filled up at such time in each
year as the Education Board shall deter-
mine, according to the result of an exami-
nation to be held by the authorities of the
said College, and they shall be tenable by
any native, or son of a native of Barbados
for two years and no longer ; provided that
each such scholar shall, unless prevented by
sickness or other grave cause keep his terms
continuously at the said College during such
period, and shall transmit to the Secretary
of the Education Board, at the close of each
term, a certificate from the Principal of the
College, or the person acting on his behalf,
that he has kept such term by actual resi-
dence, and has satisfied the authorities of the
College by his diligence and general conduct
on the receipt of which certSicate he shall
be paid the amount, to which he may be
entitled for the term then ended.

Eawle ScJiokurBhij^.

Bawle ^holarsbip 59^ g^ j^^^ij ^^f ^^^ g^^^ ^f f^^ hundred

t^ed^d'fTwCt pounds or thereabouts raised for the pur-

purposes. pose of founding a Scholarship in memory

of the Bevd. Bichard Eawle, m.a., as may

be recovered, shall be and remain vested in

the Bishop of the Diocese for the time being

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SESSION OF 1889'-90.

and the Principal of (Jodrington College for
the time being, and their successors in office
upon trust that the said Bishop and Princi-
pal of Codrington College and their succes-
sors do and shall either permit and suffer
the same to remain in its actual state of in-
vestment or at any time or times to sell,
transfer, or dispose of the same or of part
thereof, and lay out and invest the money to
arise by such sale, transfer, or disposition,
in the names of the said Bishop of the
Diocese and Principal of Codrington College
and their successors in the purchase of a
competent share or shares of any of the par-
liamentary stocks or public funds of Q-reat
Britain, or at interest upon real securities
in this Island ; and do and shaU from time
to time alter, vary, and transfer the said
stocks, funds, or securities in to or for other
stocks, funds, or securities of the same or a
like nature, as to them shall seem proper ;
and do and shall stand and be possessed
of and interested in the said sum and any
additional sum or sums, and the moneys to
arise by the sale, transfer, or disposition
thereof, or any part thereof, and the securi-
ties in or upon which the same may be
invested, upon trust, to pay the dividends,
interest, and annual produce thereof, unto
the person or persons elected to and holding
the said Scholarship, subject to such rules
as to candidature, examination, and other
matters, as the College authorities shall
think fit from time to time to make.

TJhe Leacock Scholarship,

70, The Lord Bishop of the Diocese of Leacock Scholar-
Barbados and the Principal of Codrington ship trust fund "
College and their successors in office shall vested in the Bishop

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LAWS OF BARBADOS.

of Barbados ao^J*^® stand and be possessed of and interested in
Prmc^pal of Cod- ^^^ ^^^ ^^ ^^^ thousand pounds paid and
^th^ time \em« on transferred to them by the executors of the
tbe trusts affecting ^iH of John Henry Leacock, lat.e of the
it, parish of Saint Peter in this Island for the

establishment of two scholarships of the
annual value of thirty pounds each at Cod-
rin^n College and upon and subject to all
and every the trusts, powers, provisions,
declarations and conditions declared and
contained of and concerning the same (in-
cluding the trusts for investment and vary-
ing of securities) in and by the said Will
or such of them as may from time to time
be subsisting and capable of taking effect.
Schoohnasters not 7]. No Master of any school aided under
liable to serve on ^^^ ^^^ shall be liable to be called on to
1 tines.
^ serve on any }ury.

Repeal,
Kt^poal and Sav- 72. The Act» mentioned in schedule "G'
*"!J^" to this Act are hereby repealed ; ^provided

that this repeal shall not meet ;

1. The iwiet operation of the enaetments

hereby repealed or anything done or
«ufEered or any rule, regulation or
scheme made under the enactments
hereby repealed ; or

2. any right, privilege, obligation, or lia-

bility acquired, accrued, or incurred
under the enactments hereby re-
pealed; or

8. any penalty, forfeiture, or punishment
incurred in respect of any offence
committed against the enactments
hereby repealed ; or

4. any investigation, legal proceeding or
remedy in respect of any such right,

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SEI^ION OF 1889-^90..

pnvil^e, obligation, liability; pan-
alty, forfeiture, or punisbment as
aforesaid, and any such investigation,
legal proceeding or remedy may be
carried on as if this Act had^ not

Schedule A

This is to certify that A.B. of
has lent to the Gkjveming Body of the
Queen's college the sum of under

the authority of this Act, and that the said
A.B., his executors, administrators, and as^
signs is entitled to the said sum of

with lawful interest thereon payable
annually from the day

of- 188

Dated this day of 188

CD.

Chairmaji of the Governing Body of
the Queens College.

SCHEDULE B.

The QueerCs College, Bridgetown, Barbados.

The Governing Body of the College is
composed of the Members of the Educa-
tion Board called the Governors.

The College will be divided into Prepara^
tory Classes and Adtanced Classes.

Subjects of Instruction.

Prepanxiory Classes — A thorough and suit-
able grounding in all the branches of an
English Education as well as in Elemen-
tary Latin and French.

Advanced Classes — Mathematics, (includ-

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LAWS OF BAEBADOS

inff Arithmetic, Algebra, Gteometrj,) Eng-
liab, (including Language, Literature, Ge-
ography, and History,) French, Latin, Nat-
ural Philosophy, Chemistry, Natural
Science.

Extra Claases — Special Classes and Cours-
es of Lectures on different subjects, includ-
ing German, Greek, Ac, will be formed and
announced from time to lime, for which
extra fees will be charged.

Private Leaswis — Instrumental Music, and
Solo Singing &c.

Besides Boarders and other members of
the College, outside students will be al-
lowed to attend the Extra Classes.

The work of the Pupils will be tested
by periodical examinations, and reports of
their progress and conduct will be sent to
the parents at the end of each term.

Admiision^ &c.

Every candidate for admission will be
re<][uired to pass an examination in reading,
writing and arithmetic, the latter to include
Addition and Subtraction, and the Multi-
plication Table.

School Terms, Fees, &c.

The School year is divided into three
Terms, each of 'about thirteen weeks, corres-
ponding with the Terms usually kept at
Public Schools in this Island.

The vacations will be given at the usual
times, and will, be of the ordinary duration,
and there will be one whole holiday given
at the middle of each term.

The hours of attendance will be from
10 a.m. to 4 p.m.

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SESSION OF 1889.*90.

Entrance Fee- Ten Shillings.

Term Fees — For Preparatory Classes —
£2 10. 0.

For Advanced Classes £S 6, 8.

For School Stationery a charge of 2s. and
38. a term is made for Preparatory and
Advanced Classes respectively.

All fees must be paid in advance, and
no pupil will be permitted to attend School
without the Treasurer's receipt for such fees,

Notice of the intention to remove a pupil
or to discontinue an extra subject for which
a fee is charged, must be given at least one
calender month before the end of the Term.

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LAWS OP BABBADOS

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09 ^ 'S <£} A

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45&
SESSION OF W89'-W).

'72

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460
LAWS OF BARBADOS

CAR LXVI.

(Assented to 28th October 1890)

BARBADOS.

An Act to consolidate and amend the Acts
of this Island rekUing to prisons.

BE it enacted by the Governor, Council,
and ABsembly of this Island, and by
the authority of the same, as follows:

Pbbliminabt.

Short title !• T^ "^^ ™^y ^ ^^^ ^ " ^® Prisons

Act, 1890."
Interpretation of 2, In this Act, unless the context other-
ttrms. wise requires:

(1) Governor means the Governor, Lieu-
tenant Governor, or other lawful Adminis-
trator, for the time being of the Govern-
ment of this Island.

(2) Prison means any gaol, house of cor-
rection or penitentiary, and includes the
airing grounds or other grounds or build-
ings occupied by prison officers for the use
of the prisons and contiguous thereto.

(3) Gaoler means governor, keeper, ma-
tron, or other chief officer of a prison.

(4) Prisoner means any prisoner charged
with or convicted of any criminal offence,
or any person ordered to be detained by
any Court, Judge, Magistrate, Justice or
other lawful authority having power and
jurisdiction, under any existing law, or laws
to be made, to order imprisonment.

(5) Solitary confinement means confine
ment in solitude in a prison cell to which
no light is admitted.

(6) Separate confinement means confine-
ment in solitude in a prison cell to which
light is admitted,

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SESSION OF 1889.'90.

Part 1.

Divisioti of jprisons and appointment of
Officers,

3 The following are declared to be the „ . . ., ^

prisons of tlus Island; ulTZ^l'l^Si

Glendairy Prison; and re-opened by

Rural Prison of District A. Proclamation.

Rural Prison of District B.
Rural Prison of District C.
Rural Prison of District D.

Provided that it shall be lawful for the
Governor from time to time by proclamation
to close and to discontinue using as a pris-
on or as prisons, after reasonable time from
such proclamation being published shall
have elapsed any one or more of the said
prisons : Provided also that if the said
prisons or any one or more of them shall
at any time or times have been closed either
by proclamation as aforesaid, or \mder the
provisions of the Imperial Act 1 and 2 Vic-
toria C. 67, entitled ** An Act for the better
government of prisons in the West Indies,''
it shall be lawful for the Governor from
time to time or at any time by proclamation
to re-open any one or more of the said prisons
so closed as aforesaid, and to authorise such
prison or prisons so re-opened to be used
as a prison or prisons for any of the purposes
of prisons specified in this Act ; and such
prison or prisons so re-opened by proclama-
tion as aforesaid shall by virtue of such
proclamation or proclamations be brought
within the provisions of this Act.

4. Any person sentenced before or after the , ^^J . person or-
e j^-u' K 4. J. ' • X -ii. dored to be impris-

passmg of this Act to imprisonment with or ^^^^^ ^j. detained

without hard labour or to penal servitude, or and being or becom.

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LAWS OF BARBADOS.

ing a leper to be to imprisonment for contempt of Court, or
imprifl^ed ftt the in default of sureties, or remanded and being
Laiaretto. ^^ ^^ ^^ ^ ^j^ aei^nee or subseq[i3aiUj

becoming before his ia^pvuionment expires,
a leper, may be imprisoned in \he place of
confinement proviaed at the Lazaretto or
any other place where lepers are or may be
lawfully detained, and his sentence may be
carried into effect at suck ]>lace in all res-
pects as if it had been auth^sed by and
pronounced under the last motioned Act.
Goyemormay di- 5- The Governor may, by order under
rect transfer to the his hand, direct the transfer to such place
Lazaretto of any of confinement of any leper now or he^ce-
Buoh leper. ^^^^ imprisoned or confined in any of the

prisons of this Island.
Goyemor empow- 6. If at any time any building or build-
ered to authorise by ings may or shall have been eon«tnict€jd,
Proclamation other purchased, or otherwise obtained, at the ex-

^VUons P^^^ ^^ *^® ^^^^y ^^ Otherwise suitable for

prison purposes, it shall be lawful for the
Governor l^ proclamation to auth<«rize and
cause such building or buildings to be used
as a prison or prisons for any of the purpofi^
es of prisons specified in this Act ; and sueh
building or buildings when so proelaimed as
aforesaid shall, together with the ywrds and
outhouses, appertaining thereto, be » prison
or prisons wraiin the meaning of, and shall
be brought within the provisions of this Act.

Govemor-in-Exe. ^- ^* »^^ ^ ^^^^^ ^^^ *^ Govemot-in-

cutive Oommitteeto Executive Committee from time to km^ and

determine specific as (rften as is deemed expedienst to deter-

prison purposes of mine the spedfie prison purposes lorwhidii

eachpriFon. each of the several prisons of this Isiaad

shall be used, and with a view to caarrying

into effect any such determmation, to (^i^eet

the tmnfi^er to any of the said prisons of all

or any of the persons undergokig Efti{«i»OiiL-

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465

SESSION OP 188^*90.

ment in any other or otib^rs of tke said
prisons, to make m^h alterations m the
duties of the several prison officers or smch
reduction of the number of the said officers
and to make such rules and regulations as
may be necessary.

8. Every determination of the Governor- ^ Determination of

in-Executive Committee and all rules and S^T/^r^^fKH^l?^^
, ,. , J x-L 1 J. m. to be puDiisnea m

r^urakons made under the last preceding official Gazette,
section shall be published m the Official

^®^- -xx :i X • J Persons commit-

&. Persons committed to pris(m under ted may b« impris-
any writ or process of any court, not- oned in any prison
withstanding such writ or pyocese may under this Act.
spec^ any particular place of imprison-
ment may be imprisoned in any prison set
apart under the provisions of this Act for
the reception of persons undergoing impris-
onment similar to that to which such per-
sons were sentenced.

10. Subject to the provisions of this ^ «lendairy prison

Act.aiendahT pirison shall be the prison ^.^rtet
of this Island to receive all males of or over of ^g^.
the age of fourteen years who may be com-
mitted to prison by any Conrt, Judge,
Magistrate, Jxistice or other lawful autho-
rity having power and jurisdiction imder .
any existing law or laws to be made to
order imprisonment.

11. Siibji^ct to the provisions of this Act.

(a) The rural prison of ^strict A be "S^prisons*^
s^i^ the rural prison of JSBtrK?t C shall be
t^te prisons of this Islanii to receive any
f«gaales who may b© coaunitted a^ aforesaid.

(b). The rurad prison of Distract B or Prisons B, and D
the rural prison of "Disjjrict I> shall, as the to be Juvenile and
Qovexiior Shan 9ee fit, be dedared and used ^»*»^"*^ P^<^^-
9ta the pri.9on of this Island for all male

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4C4

LAWS OF BARBADOS

juyenileB under the age of fourteen, who
may be committed as aforesaid, while the
remaining rural prison shall be used as an
auxiliary prison to Glendairy prison. Pro-
vided that it shall be lawful for the Go-
vernor to order the removal of any juvenile
committed as a juvenile prisoner on his
attaining the age of fourteen years, should
his sentence have not then expired, to
Glendairy prison therein to complete it.
Prison Officers to 12- I*- shall be lawful for the Governor to
be appointed by appoint the following prison officers who
Governor. shall receive annually the salaries here-

inafter specified, that is to say :

Governor of Glendairy and District A
Prisons at ^6350

MALE PRISON

Two Chief Warders, each at MiH)

OnelstClass Warder at £ 75

Four 2nd Class Warders, each at... <£ 60
Fifteen 3rd Class Warders, each at £ 50

Steward at £ 80

Schoolmaster at <£ 75

Hospital Attendant at <£ 60

Cooper at £ 48

Baker at £ 40

Carter and Messenger at £ 25

Carter and Messenger at , £ 20

FEMALE PEISON

One Chief Matron at <£100

OnelstClass Matron at £ 60

Two 2nd „ Matronsat £ 50

Four 3rd „ Matrons at <£ 40

Gratuities for loss 1^- ^^ shall be lawful for the Govemor-

of office. in-Bxecutive Committee to award gratuities

for their loss of office to any prison officers

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Google

465

whose fiendces it maj be iound mmeces^arj
to retain in conBequenoe of any alteration in
the purposes for which the several prisons
are now used at a rate equal to three years

14. The duties of the prison officers ap- Duties of PHeon
pointed under this Act, shall be as specified Officers to be speci-
iu.tilie prison rules now in force, or inany fi^^y^"^®'*^'*^®^-
rules and regulations to be made in pursu-
ance of tiiis Act.

15. None of the prison officers appoint- p^^^ Officers
ed tinder this Act with the exception of the n^^y be transferred
Goyemor or Chief Comptroller of Glendairy from one Prison to
prison shall be considered to be attached to another

any particular prison; audit shall be lawful
for the Q-overnor at any time ^ appoint any
one or more of such prison officers (wii^ the
exception aforesaid) to any of the rural .
prisons ; and from time to time tK> transfer
any one or more of such prison officers (with
the exception aforesaid) from Glendairy
prison to any of the rural prisons, f romany
one of the rural prisons toany other of the
rural prisons, or from any of the rural
prisons to Glendairy prison ; provided that
no priaonofficer so transferred shall, except
as proirided by any rules or regulations made
or to be made in ..pursuance of this Act, be
subjected to any cjiminution of salary on ac-
eoiHit of such transfer as aforesaid.

16. It shall be lawful for the Governor jngpe^tor of Pris-
to appoint an Inspector of prisons for this ^^8 tobe appointed'
Island, ac a salary of fifty pounds per an-
num, whose duties shall be as defined from

time to time by the Governor-in-Executive
Committee.

17. The Inspector of prisons shall be Inspector of Pris-
allowed to use free of rent such place as may ^V^ ^ allowed
be allotted to him as an office ; and shall be ^f^^^^ce

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466

LAWS OF BARBADOS

fanuBlied with stationery, and other inci-
dental expenses of his office at the public
cost.

18. It shall be lawful for the Governor
Prifon Chaplain to appoint a clergyman of the Church of

to be appointed. England holding a Hccfnse from the Lord
Bishop of Barlmdos to be chaplain to the
several prisons, and the lunatic asylum, at
a salary of three hundred pounds per annum.

19. Such chaplain shall devote his time
Cbaplain to de- and services to tne said prisons, and to any

lSiLfJ*^d*''^ Id ^*^®^ prison or prisons that inay hereafter
biSSce^with^ cure ^ proclaimed imder this Act., and shall not
of souls or any cu- while holding the chaplaincy as aforesaid
racy. hold any benefice with cure of souls or any

curacy.

20. Such chaplain shall superintend and
Chaplain to 8u- take part in the tuition and religious instruc-

perintend religious tion of the prisoners confined in the several
inttruction Ac. of • • j j i i. x • ^

prisoners belon^g P"«?^^«» provided that no prisoner who may
to Church of Eng- ^o^ belong to the Ohiirch of England shall
land. be in any way obliged to attend to the admin-

istrations of such chaplain, but such prison-
er shall be given every facility to obtain the
services of the minister of the religious
persuasion to which he may belong.

21. It shall be lawful for the Governor to
Sur^gon to Glen- appoint a surgeon to Glendairy prison at an

^'^i tiftd'h^ ^*^ annual salary of one hundred and fifty
ernor" ^ *^" P^^'^^s whose duties shall be as specified in
schedule A of this Act.

Part ii.

MaiiUenanee and government of prisons

Governor may or- ^2. For the purpose of reUeving over-

der transfer of pris- crowding in any particular prison of this Is-

oners from one land, or for any other reason that to the

Prison to another. Governor shaU seem fit, it shall be lawful

for the Governor to direct the transfer of

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46?

SESSION OF 1889^90.

any prisoner or prisoners from any one pris-
on in this Island to any other prison in this
Island, such order of transfer to be issued
under the G-ovemor's hand.

23. All rules and regulations made or to Rules andregula-
be made by the Governor in Council under *!^?!,, ^^^'^^^^S^'
the authority of the Imperial Statute 1 and ^?^1 ^ 67 to apply
2 Victoria C. 67, entitled " An Act for the ^^ Prisons under
better government of the prisons in the West this Act.
Indies, " shall apply to all prisons in this

Island.

24. It shall be lawful for the G-ovemor to Governor may or-
order any prisoner committed to prison with der Prisoners corn-
hard labour to be employed within the pris- {"j^®^ .^^^^ ^^^
on walls, or upon any pubHc works or roads, ^.^^ *^^ ^ J^fr
or m any other manner, and under such ^©iks &c.,
conditions or restrictions as the Governor

may direct.

25. For the punishment of disorderly Visiting Justices
conduct, breach of prison discipline, and of Prisons to be ap-
other like offences committed by any pris- pointed by Gover-
oneriathis Island, it shall be lawful for f^^^^^^^^^^^^^P^^^J
the Governor to appoint by commission un- prison discipline
der his hand and seal, from time to time as by ordering soli-
he may think fit, any proper person or per- tary confinement or
sons, being a justice or justices of the peace, whipping,^ but aJl
or poUce magistrate or magistrates, to be be approv^^^of by
visiting justices of any of the said prisons Gov^or before
in this Island, and the visiting justice of carried out.
Glendairy prison shall be allowed for ex-.

penses incurred by him in visiting such
prisons the sum of four shillings for each
visit, such sum to be paid on warrant of the
Governor-in-Executive-Committee. Provid-
ed that the amount to be paid for such visits
shall not exceed the sum of one pound per
month. In case of disorderly conduct
breach of prison discipline, or other like
offence on the part of any prisoner, either

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468

LAWS OF BABBADOS

while actually m such pmon or while beings
conveyed fnxak one prison to another, or while
employed on any road or oih^ legitinutte
work, or while bdag: talren to ox from any
such road or work, or while being lawfully
conducted to or from any: other place, it shall
be lawful for the visiting justice or justices
of the prison in which such offender may hsve
been orcbred to be confined, to hea^ ihe
comj^aint against such offender, and to ma-
tence such offender to solitary confinement,
subject to the provisions h«reinai€ter mea^
tiocvBd, for any term not exceediBg twisnty
eight days, or if a male to be punsfaed by
being once whipped, the stripes at such
whipping not to exceed thirty i^^ and sack
whipping to be inflicted in aceoidance with
any rule or regulation made, or to be made
by the Govemor4n*Couneil in lelatiim
thereto ; Provided thi^ no such sentence
shall be earned into exeontaon until a
repcMTt of the proceedinRB and sentence be
made to the G^ovemor K>r his san»ti<»}L» and
the sentence be approved of by him : Provided
that nothing h^ein c<mtaiBed shall prev^^^
the Governor or Chief Comptroller of ^len-
dairy prison, or the gaoler of any other
I^rbon, from punishing promptly such offeoi-
ces^ as cBSi be so punished ui^r any rule or
regulation made or to be made by the
Governor-inrCouncil.
Prisoners com- ^- Whenever any prifiioner shall, i^rhile
mitting breaches of undergoing a sentence of soHtaary confine-
prison discipline ment, be charged with any disorderly con-
while undergomjc duct, breach of prison discipline or other

fni*J?^.J'''iSL f:. like offence, it shall be lawM for the visit-
toent may be sen- . . .^^ • .^^ u j.i.

tenced to a further "ig; JU^rt-^^^e or justices of the prison m
period of solitary which such prisoner is imdergoing his i3en-
confinementor tence of solitary confinement as {foresaid to

Digitized by VjOOQIC

46&

hear the complamt agamsi^ suidx prisonei; in* whipping,
tlie ^ame way as if sueh priaoiuer were not
under pimishmenife, a»d to «enteBce^ hk^ to ,

a furtliier period of soKtaiy coafinemient, or
to be onee whipped ; Provid;ed that = the^ ad-
ditional period of solitary coninement, to-
gether with the oviginai sentence of solitary
confinement shall not amount in all to more
than twenty eight days ; Provided^ also thl^t
if such prisoner be sentenced to. be whipped
the nmnber of strokes at such whipping
shdlneot exceed thirty six; Provided also
that no sentence under this section shall be
carried into execution, until a report of the
proceedings and sentence shall have been
made to the Governor ior his approval^ and
the sentence approved by the GoveraM?.

27. It shall be lawful for the Governor to ^

modify the sentence passed on a prisoner ajod^'^^^M^es
by any visiting justice or justices under the praaoancedby iVia^
provisions of this Act, and if such sentence iting Juatioea or
be whipping, to commute such sentence to ^^"^^^ w^ppi^
solitary confinement not exceeding twenty J^!^ confine-

eight days, but subject to the provisions
hereinafter mentioned.

28. Whenever any prisoner shall be sen- where no ceUs in
tenced to solitary confinement under thCaprwJonait^ptedlS
provisions of this Act, or whenever any solitary coift^e-
prisoner shall be sentenced by the visiting ment prisoner m^
justice or justices to be whipped, and the ^^ removed to
Governor shall think proper to commute/^^^^^^'^ if ^^"^ ^
sueh sentence to solitary confinement, and

there shall happen to be no cells at the pris-
on where such prisoner is confined adapted
to solitary confinement, it shall be lawful for
the Governor to order the temporary removal
of such prisoner from such prison to any otheu
prison in which there shall be such cells^ for
the purpose of undergoing such sentence,

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47C

LAWS OF BARBADOS

and to order such prisoner's removal back

after the expiration of such sentence, such

I removals to be as many as may be necessary

for the entire completion of such sentence.

29. Whenever any prisoner shall be sen-
Prisoner sen- tenced to solitary confinement in pursuance

tenced to solitary ^j ^^^y provisions of this Act, or whenever
confinement may be < *^ i n i ^ i •• • •^•

detained untU such ^^Y P™oner shall be sentenced by a visiting
sentence be under- justice or justices to be whipped, and the
pone though orig- Governor shall order such sentence to b^
mal sentence may commuted to solitary confinement, it shall
have expired. ^^ lawful to order the detention and deten-

tions and removal or removals as the case
may be, of such prisoner for the purpose of
undergoing such sentence notwithstanding
the term of such prisoner's original sentence
may have expired.

30. Whenever any piisoner shall be sen-
No prisoner sen- tenced to solitary confinement under the au-

tenced to more than thority of this Act or whenever any prison-
seven days solitary gj. g^jj^jj |j^ sentenced by any visiting lus-
connnement to un- .• 'a* . ■» i ••' / i .1 ®/-«

dergo more than ^^^® ^^ justices to be whipped and the Gov-
seven days at one ©rnor shall order such sentence to be com-
time but if sen- muted to solitary confinement, it shall not
tenced to more than be lawful for any prisoner to be kept in
K a^^'int^r^: ^f^"^ confinement for any period longer
diate period of ^"^" seven days at any one time, but when
seven days separate a sentence of solitary confinement for more
confinement. than seven days shall have been passed, a

period of seven days separate confinement
shall elapse after a first period of seven days
solitary confinement before a second period
of seven days solitary confinement and an-
other period of seven days separate confine-
ment shall elapse between a second period
of , seven days solitary confinement, and a
third period of such confinement ; Provided
that it shall be lawful for the Governor

Digitized by VjOOQIC

471

SESSION OP 1889.'90.

to order the detention or detentions and
removal or removals as the case may be, of
such prisoner for the purpose of undergo-
ing the whole term of solitary confinement
to which he may have been sentenced not-
withstanding the term of his original im-
prisonment may have expired ; Provided
that if such prisoner shall have been origi-
nally sentenced to hard labour and his
original sentence shall have expired, he shall
not be kept to hard labour during such times
as he may be detained in prison between the
terms of any solitary confinement.

31. Such periods of the original term of Prisoners on the
imprisonment as are passed bv any prisoner expiration of their
m punishment consequent on the sentence ^^.^^^ ^^^ 1^^^^^;
of a visiting justice, for the offence of per- period equal to the
sistent malingering or for evading labour by time spent in pun-
refusing to work or otherwise, shall be re- ishment for persia-
corded in a book to be kept for the pur- *^"*^^y malingering,
pose by the Inspector of prisons, and such

prisoner shall on the expiration of the
original term of imprisonment, on the war-
rant of the Governor of the Colony, be de-
tained in prison for a further period equal
in duration to the time passed in punishmen":
as aforesaid, and shall be treated and be
subject in every respect to prison rules and
discipline as if such further period formed
part of the original term of imprisonment.

32. Any person who shall aid any pris- Persons convicted
oner in escaping or attempting to escape of aiding prisoners
from any prison in this Island, or who with to escape, to be guil-
intent to facilitate the escape of any pris- ^ ^^ felony,
oner, conveys or causes to be conveyed into

any prison any article oi articles whatsoever
shall be guilty of felony and on conviction
be sentenced to imprisonment with or with-

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472

LAWS OF BARBADOS

out hard labour . for ^ term not exceeding
two years.

Perecms anlaw- 83, A«y prison officer or i^erpersonif ho
fully conveying' «hall,exeept for .a lawful purpose, convey or
•pints kc, U Pris- cause to be conveyed into any prison of this
oners liable on con- Island or shall convey or cause to be con-

Hcf MaSt^rSe to^^y^^ ^'^y Pri«>"«^ ?^ "^^^ attempt to
three months im- convey into any such prison or to any such
prisonment or JBSO prisoner any spirituous or fermoited lienor,
fine. such prison officer or other person shall on

conviction be sent^ioed to imprisonment
wiUi or without hard labour ior a period not
exceeding three months, or to pay a p^ialty
not exceeding twenty pounds; and any
such prison officer or other person may be
apprehended and taken before a police magis-
trato who shall hear and determine the charge
in a summary way, or remand the party
charged in such manner as the magis<a?ate
may deem necessary, until he shall adjudi-
cate up(»i tike case.
Persons unlaw- 84. Any police officer or other person who
fully conveying to shall, except ior a lawful purpose brmg or
or taking from Pris- cause to be brought into any prison of this
SnS»rrto''Jrieln Island or thrown into it. or convey or at-
rules to be liable on tempt to convey or cause to be conveyed to
conviction before a any prisoners, any tobacco, money, clothing,
Police Magistrate provisions, letter, paper, book^ or an) otfier

to 8 months impris- article not expressly allowed by any prison
oament or JSzO fine. « ■■ v* ^ ♦ v • "^ . •^ '^ -

rule or regulation to be m possession of any

prisoner, or shall unlawfully carry away any

article from any prison or prisoner, shall on

conviction be sentonced to imprisonment

with or without hard labour, lor ap^od

4iot exceeding three months or to a penalty

not exceeding twenty pounds, and any such

offender may be apprehended and taken

before a police magis<trato who shall hear

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4?3

SESSION OF 1889-'90.

and determine the charge in a summary way
or remand the party charged in such man-
ner as the magistrate may deem necessary
until he shall adjudicate upon the case.

35. If any penalty, including costs, inflict-
ed under either of the last two preceding Persons not pay-
sections of this Act be not paid forthwith, fl^^^i^^^®^ ^^"
or at sucJh time as the police magistrate in ^l^^^ 27^d'28*lil
flicting the same ma}?^ appoint it shall be law- able to imprison-
ful for such police magistrate to order the met^ not exceeding
p^-son faiMng to pay the same or any pwrt ^ months,
thereof to be imprisoned with or without

hard lab&or for a term not exceeding toee
m^iths.

36. Nothing in this Act shall deprive afiy .

party from a^y right of appeal Which he .^J^^-t^^^^"'^^^ ^

^ '^t ' ' \ t ^ J. j.^^ J. j» J. deprive any person

may have m virtue of any law to *lMit eSie<^, of light of appeal.

and when notice of appeal shall be d«Iy

given proceedings shall be stayed in the

usual manner until such s^peal be hesatd smd

determined

37. Any prisoner confined in any prison of

this island whose term of imprisonment Prisoners whose
wodld, aocoF^ng to such prisoner s sentence, LoS's^ay^ C^rl^
expire on any Lord's day, or on Christmas mas Day or Good
day, or Gooa Friday, shall be entitled to be Friday to be re-
discharged on the day next preceding such l^ed the day pio-
Lord's day, Ohristmas day, or Good Friday, ^^^^®*
pi?ovided that nothing in this section
shall be held to interfere with any of the
provisions of actions twaity inne and thirty
of tbra Act.

38. It shall be lawful for the Governor ^

from time to time by an ord^ in writing to thorise'^desteS^tion
authorise the Governor or keeper for the of certain warrants,
tbne being of Glendadry ppieon to destroy
such warraaots of commitment to prison
bearing date five years at least itom such
order as have been d«ly served and the con-

Digitized by VjOOQIC

474

LAWS OF BARBADOS

tents of which have been recorded in the

Certified copies ^^* ^ certified copy signed by the keeper

of such wamints to for the time being of the said prison shall

be receivable in in all courts of law and equity in this Is-

evidence. land be receivable in evidence wherever the

original warrant, the destruction of which

is by this Act authorised, would have been

receivable in evidence.

NotMng in Act to 40 Nothing in this Act shall be held to

;^tJ:Vf Jd'^ ^ a^y ^*y interfere with any of the jrc^

Vic C 67 visions of the Imperial Statute 1 and 2

Victoria C. 67 entitled "An Act for the

better government of prisons in the West

Indies?

41. All rules or regulations in force in any
prison which may not be inconsistent with the
provisions of this Act, shall continue in force
until altered or rescinded under the powers
of this Act or the said Imperial Statute I and
2 Victoria C. 67.

Bepeah
Bepeal and Sar- 42. The Acts mentioned in schedule B
**^' to this Act annexed are hereby repealed,

provided that this repeal shall not affect ;

1. The past operation of the enactments

hereby repealed nor anything done
or suffered under the enactments
hereby repealed ; nor

2. any right, privilege, obligation, or lia-

bility, acquired, accrued or incurred
under the enactments hereby repeal-
ed ; nor

3. any penalty, forfeiture, or punishment

incurred in respect of any offence
committed against the enactments
hereby repealed ; nor

4. any investigation, legal proceeding or

Digitized by VjOOQIC

475
SESSION OF 1889.'90.

remedy in respect of any such right
privilege, obligation, liaoility, penal
ty, forfeiture, or punishment as afore-
said and any such investigation legal
proceeding and remedy may be car-
ried on as if this Act had notpassedj
nor
any enactment in which such enactment
has been applied, incorporated or re-
ferred to.

Schedule A.

Duties of the Visiting Surgeon at Olendairy
prison.

He shall visit the prison daily, and shall
note down in a book to be kept for that pur-
pose the hour of his visit and the number of
sick he may find in the prison each day, and
he shall furnish weekly to the Inspector of
prisons, for the information of the Governor
a statement of the condition of all sick pris-
oners confined in the prison.

He shall conform to any rules and regula-
tions to be made by His Excellency the
Governor in-Executive Committee in pur-
suanceof this Act so far as such rules and reg-
ulations may affect his office of Visiting
Surgeon.

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47«
LAWS OF BARBADOS

a
o

■I -I

Digitized by VjOOQIC

477
SESSION OP 1^9'.90.

CAP. LXVII.

{Assented to 28th October 1890.)
BABBADOS.
An Act to continue various editing laws,

WHEREAS the several Acts mentioned
in the columns one and two of the
schedule to this Act annexed are limited to
expire at the times specified in respect there-
of in column three of the said sdiedule ;
And Whereas it is expedient to continue
&uch Acts for the times mentioned respect-
ively in column four of the said schedule ;
Be it therefore enacted by the Governor,
Council and Assembly of this Island and by
the authority of the same, as follows :

1. This Act may be cited for all purposes

as " The Expiring Laws Continuance Act, Short titie.
1890."

2. The Act» mentioned in column one of

the schedule to this Act annexed are here- ^^^ ^ ^^?1*^?
by continued until (and inclusive of) the ^r^^l^,^'^"^^
dates respectively specified in column four
of the said schedule ; and any enactment
amending or affecting the enactments con-
tinued by this Act are also in like manner
continued.

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478
LAWS OF BARBADOS.

J|i

Q A fi

4> 4:1 4i?i

n B Id

i™l l*H F^

S 8 S

□O OS QO

^^ l-H 4-4

^ ^ fri

M £ ^

§ § I

s s s

a a a

iJ -£ i«

3 ;a 5

60 ("3 n

I '-Ji

I
I

i'i

•51

to ED

CO ^

■g" s

Digitized by VjOOQIC

479
SESSION OF 1889*90.

CAP. LXVIII.

{Assented to 28th October 1890,)

BARBADOS.

An Act to consolidate the Acts relating to the
public market of Bridgetown, to hutchers,
and to the slaughtering of animals for
hvichers'

Short title.

Definitions.

BE it enacted by the Governor, Council,
and Assembly of this Island, and by
the authority of the same, as follows :

1. This Act may be cited as " The Market
and Butchers' Act, 1890.''

2. In this Act each of the following terms
shall, except there is something in the sub-
ject spoken of or in the context inconsistent
with such meaning, have the meaning here-
after assigned to it, that is to say ;

''Animal" shall mean any bull, cow,
calf, ox, ram, ewe, wether, lamb, goat,
kid or swine.

" Butcher's meat" shall mean the meat
of any animal slaughtered for sale.

3. The Inspector of Weights and Mea-
sures shall be, and he is hereby declared to . pxxr - U4. lu
be the Clerk of the Market, and he is hereby wL is to%e ^so
enjoined and required to see that proper clerk of the Mar-
OTder and decorum be at all times observed ket.
in the said market, and the rules and regu-
lations for the government of the same duly
attended to ; and before entering upon the
office of Inspector of Weights and Measures
and Clerk of the Market, he shall appear
before the Govemor-in-Executive Committee
and enter into a bond to Her Majesty the
Queen her heirs and successors, with two Bond,
sufficient sureties to be approved of by
the Govemor-in-Executive-Committee, him-

Daties of Inspec-

Digitized by VjOOQIC

LAWS OF BARBADOS

self in two hundred pounds, and each of his
sureties in one hundred pounds, for the
faithful discharge of his office.
Clerk of the Mar. 4. The Clerk of the Market and the In-

TOLtedby^theGo?! »P^*^r ^^ Weights and Measures shall be
^QP^ ^ ' appointed from time to time by the Gover-

nor, as a vacancy shall occur in the office.
Salary. 5. The Clerk of the Market and the Inspec-

tor of Weights and Measures shall receive a
salary of two hundred pounds per annum,
and be paid from the public' treamiry in
equal monthly sums on the warrant of the
Q-ovemor-in-]feeeutive Committee.
AppointmeDt and 6, For the purpose of maintaining the
S^^B^kS*^''^ SP^ government of the p^iblic market the
* Executive Committee may employ such

keepers not at any time exceeding ^ee in
number at such salaries not exceeding twenty
five poundseach per annum as they i^ll think
fit. The salary of any soch keeper shall be
paid monthly from the public treasury on
the warrant of the Govemor-iti-Ih^cutive
Committee. Provided that in any roles for
the guidance of such keepers no power shall
be conferred upon them incompatible with
the powers exercised by constables at com-
mon law or by any Act or Statute in force in
this Island.
On a vacancy 0^ 7. The office of one of the marketkeepers

oS^'k^per^t^ c^e. »^?^^' ^^®^ ^^J^^^ becomes vacant, ceaBO to
exist. The salary attached to each of the two
remaining offices shall (so far aff future hold-
Salaries of others ^rs thereof are concerned) be the sum of

ourZV*^''''^ "^ ^^^J PO«n<38 ^^^^ o^ the sum of
earring. ^ / /»* j

twenty five pounds.

Hours of opening 8. The Executive Committee may from
and closing the time to time fix the hours for the epemng
Market how fixed. ^^^ ^j^.^^ ^f ^{^^ p^^^j^^ market. Such

hours shall be approved by tiie G<yveraor-in-

Digitized by VjOOQIC

481

SESSION OF 1889-'90.

Executive Committee and due notice thereof
shall be given in the Official Grazette.

9. All expenses from time to time incur- Payment of cer-
red in the repair and improvement of the tain expenses of the
public market shall be borne and paid from ^'^'^ket;.

the public treasury.

10. The Executive Committee shall from Executive Corn-
time to time inspect and examine the build- &c b«il^n ^'^^^^
ings and premises of the said public market, * g* <?•*
and have all necessary repairs made thereto

and all requisite articles and things duly
supplied and furnished for the use of the
said public market.

11. No person shall be allowed to buy up Nobody to buy
and re-sell in the said public market any and re-sell in the
articles or things whatsoever brought into market without a
the said market for sale, unless such person ^'^^^ster's Ucense
be furnished with the license of a huckster j^g^ no/uS!n after
from the Treasurer of the Island, for s o'clock.

which license the sum of four shillings and
twopeuce sterling shall be paid into the
public treasury by the person obtaining the
same. Provided always that it shall not be
lawful for any person under any such license
as aforesaid, to buy and sell in any other
place than in the said public market. And
provided also that it shall not be lawful for
any person having such license as aforesaid
to purchase any articles or things in the said
public market'for the purpose of revending
the same until after the hour of three o'clock
of any day : and if any person shall buy
and resell any aiticle or things in the said
market without such license as aforesaid,
or shall otherwise offend against any of the
other provisions of this section he shall be lia- '
ble to'a penalty not exceeding ten shillings.!

12. All persons who now hold or shall]. Penalty for hold-
hereafter hold a market in the city of Bridge | g^-^* market in

Digitized by VjOOQIC

482
LAWS OF BARBADOS

town, sliall be subject to a penalty of five

Kunds for each day any such market shall
holden.
Penalty for ex- ^3 ^y pergon exposing for sale goods
SS^^LS^'eti" any market in the city of Bridgetown
in Bridgetown ex- except the public market, shall for each 01-
oept Pablic Market, fence, be liable to a penalty not exceeding
thirty shillings.
Penalty for ex- 14, ^ny person sitting outside the door

posing g<xx^f_f^' of any house, or on the pavements and foot-
sale on pavements .i. '^ • ^ j. ^ i -^i.'
^^ ^ paths m any street, lane, or place mthm

the city exposing goods for sale, shall for
every such offence be liable to a penalty
not exceeding thirty shillings.
Meat, fish, fruit 15. It shall not be lawful to expose for
&c., not to be sold g^le in any public street, lane, or alley in the
UceMT "^^^^"^^ * city of Bridgetown, any fish, pouhry, or
other live stock, roots, grain, vegetables, or
fnrit of any kind whatsoever,under a penalty
not exceeding thirty shillings sterling for
every such offence. Provided always that noth-
ing herein contained shall be construed to
prevent any person or persons from carrying
any such articles for sale from house to
house within the said city, or disposing of
the same in any house, agreeably to the
laws now or hereafter to be in force relating
to hawkers and intinerant vendors.
Unwholesome fish 1^- ^^ ^^7 tainted or unwholesome fish
how to be dealt shall be offered for sale in the said public
with. market, it shall be the duty of the said Clerk

of the Market or his deputy to ■ seize and
have the same either burnt or taken to sea
and sunk : and if any tainted or unwhole-
some fish shall be offered for sale in any
other place within the limits of Bridge-
town, or within half a mile of the said
limits, it shall be the duty of any police
officer to seize and take the same to the said

Digitized by VjOOQIC

SESSION OF 1889' 90.

Clerk of the Market ot his lawful dqmty,
to be dealt with as herein directed ; and if
any question shall arise whether the fish so
seized is unwholesome or unfit for use, the
said Clerk of the Market or his deputy shall
call together any three disinterested and com-
pet^at persons to examine the fish so seized,
and to give their opinions thereon; and
the said Clerk of the Market or his deputy
shall act therein according to the decision
of any two of the said three persons, whose
decision shall be final.

17. The daughter-house erected in the Rules and regula-
sea aback of the market premises shall be tiona applicable to
used as the slaughter-house of the pubUc the stewgh.ter h<mw.
market of Bridgetown, and the provisions

of this Act, and the rules and regulations
in force hereunder, and the tolls fixr
ed for the killing and slaughtering of animals
shall apply to the same.

18. In future cases of necessity the Gover- Sanctions t^mpo-
nor-in-Exeoutive Committee may at any time f^y • arrangements
take premises on rent for the purposes ( f a ^^y ^'^^^ ^^ neces-
temi)oraj:y slaughter-house or temporary

public market .

19. The provisions of this Act and the Former rules and
rules and regulations already in force Under regulations to ap-
any of the Acts hereby repealed or that may Pf^ *?, temporarj
hereafter be made under the authority of ^^""S^^^ ^^«s^-
this Act shall apply to the slaughter-house

mentioned in section nineteen of this Act,
also to any other premises which may at
any time hereafter be taken on rent and
held by the Executive Committee aa a tem-
porary slaughter-house or a temporary pubr
blic Market ; but butchers using the slaughter
house so held on rent as aforesaid shall be
exempt from the payment of tolls in respect
thereof.

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484

LAWS OF BARBADOS

All such b1*vi«^- 20. The public market and all other
tor bouses to be premiseg which may at any time be held
deemed public pla-^^^^ the authority of the Executive
Committee as a slaughter-house or public
market shall be deemed and taken to be
*• public places*' within the provisions of the
law for punishing offences committed in
** public places," but nevertheless with-
out prejudice to the provisions of this Act-

BtUcher8 and sale of hnichers* meat,

21. Every person who shall be desirous of

Butchers to pro- exercising the trade of a butcher, by buying

duce certificate in ^nd killing animals for sale, shall produce

Z^J^ i^iiS^^ to the Treasurer of this Island, for the time
amiual licenses on , . . .^ . . ... . , .^,

payment of 32 »hiU- being, a cerUficate m wntmg, signed either
mgs. by some Justice of the Peace, Clergyman,

or Churchwarden of the parish to which he
belongs, and has a settlement in, that he
is of fair reputation, and a fit person to carry
on the trade of butcher, and that he has
never, to their knowledge, been convicted of
any felony or misdemeanor in any Court in
this Islana, and if the said Treasurer shall
be satisfied that such written statement or
declaration bears the proper signature of
such Justice of the Peace, Clergyman, or
Churchvrarden, by whom t^e same purports
to be signed, he shall give to the person in
whose favour the same may have been made
a printed license, signed and subscribed and
numbered by himself as Treasurer, author-
izing such person to carry on and exer-
cise the trade of butcher in any part of the
Island, for one whole year from the date
thereof, upon his paying into the public trea-
sury for such license the sum of one pound
twelve shillings sterling.

Digitized by VjOOQIC

486
SESSION OF 1889^90.

22. If any person at the time of applying liioensefor butch-
to the said Treasurer for a license shall re- ^^ , ^^^ ^® *^^
present to the said Treasurer that it is his in- "^"^ ^^'
tention to kill and slaughter animals in the ^

said public market only, then and in such
ease the said Treastu'er shall demand and re-
ceive from such person the sum of four
shillings and twopence sterling money of
Great Britain, and no more, for such license.

23. It shall not be lawful for any person Penalty on butch-
under the authority of a butchers* market e«» with a market
license, for which he has paid the sum of four jj.^^ekewhi^^
shillings and twopence sterling only, to kill jn^the ^maSet.
and slaughter animals at any other place

within this Island than at the said slaughter
house of the said public market, under a
penalty of five pounds sterling money for
each offence. And the Treasurer of the
Island at the time of issuing butchers'
licenses under the authority and agree-
ably to the provisions of this present
Act, shall set forth in such licenses the sums
of money respectively paid for the same, and
the force and effect thereof, pursuant to the
terms of this Act, and the said Treasurer
shall furnish to the Clerk of the Market a , ^^ of Ucensesto
list of the names of all persons to whom li- ^| thTMaA t^^^'^
censes shall be issued as aforesaid, and the ^ ar e .

nature thereof.

24. Any person so exercising the trade of Butcher to pro-
butcher, shall at all times, when thereto re duce license ^if re-
quired by any police officer, constable, Jus- q»iired by police of-
tice of the Peace, or parish officer, or the J^nllty not'^Sd-
master or mistress of any house he shall call ^g jei.

at produce and exhibit his license, and, in
default thereof, he shall, be liable to a pen-
alty of, not exceeding one pound*

25 If any person shall exercise the trade p^„^^ ^^, ^^^^
of butcher, as aforesaid without having ob- cising teade of

Digitized by VjOOQIC

486

LAWS OF BARBADOS

bntehev witiiout li* tained ft licenfie for that purpose, in maimer
^^^^ aforesaid such person shall for every such

offduse, be liable to a i^enalty not exeeedio^
five pounds.
Forging license or 26. If any person shall forge any li-
oertificate Ac, pen- oense to act as buitcher, or certificate requir-
***y '**'• ed by this Act, or shall wilfully and knowing-

ly make any false statement in such license, or
certificate, such person shall, cm ccmviction
b^ore any Police Magistrate be liable to a
penalty not exceeding ton pounds or to im-
prisonment wiUi or without hard labour for
a period not exceeding three months, or
such person may be indicted for the same
at the next Court of Grand Sessions) then
and there to be tried, and, upon conviction
thereof, to be punished at the discretion of
the said Court

Penalty for ex- 27. If any person shall offer or expose
posing for sale un. f^gj^ig a^™ tainted or unwholesome meat,
wholesome meat or ^ • ^ j. j • xi. a- •

meat inflated ex- ^^ ^^y ^^^^ mflated m the preparation in
cepfc by bellows. any other way than by means of a bellows,
such person shall, on conviction thereof be-
fore any Police Magistrate forfeit the said
meat, and also be liable to a penalty not ex
ceeding one pound and if the offender be a
licensed butcher, he shall, in additimj
to such penalty, be deprived of his license
bv order of the committing Magistrate.
Butchers to slaugh- 28. No person who exercises the calling of
ter in Bridgetown yiij'ng or of buying and killing, or (auSng
or withm one mile , i_° i m j ^ i £ ° t i. i?

of itBUmttsonlyat^^^ ^® billed, animals for sale, shall
public slaughter slaughter any animal at any place within
house or a boensed the city of Bridgetown or within one mile
slaughter house. from the limits thereof other than in the
slaughter house of the public market,^ or in
a place : licensed for the slaughtering of an
imals as hereinafter provided.

Digitized by VjOOQIC

487
SESSION OP 1889'-^0.

29. Within the city of Bridgetown, and Meat sold by

within one mile from the limits thereof, no^JJ*"^*" :?*^*\
,1-, n T J above iimits to te

person shall expose for sale, and no person obtained only from
who exercises the calling of selling butchers' animals, slaughter-
meat, shall sell butchters* meat obtained from ed at places above
any animal slau^tered at any place other specified,
than in the slaughter house of the publi<j
market, Or in a place licensed for the
slaughtering of animals as hereinafter pro-
vided.

30. Within the city of Bridgetown, and ^j^^f ^^^ ^j^®^
within one mile from the limits thereof, no above Uadt&^ly at
person shall expose for sale, and no psirson the Public Mai*etf
who exprcise^ the calling of selling butchers or a licensed pla(^
meat shall sell butchers* meat save in the ^^ sale.

public market, or in a place licensed for the
sale of butchers' meat, as hereinafter pro-
vided.

31 . All animals slaughteredat the slaughter Inspector to be
house of the public market or at any licensed E"" sla^Sred "
slaughter house shall be slaughtered and ^^^^ dressed.
dressed in the presence of an Inspector

appointed under this Act.

32. Every person who infringes the pro- Penal section,
visions of either of the last four preceding

sections of this Act shall for each offence
be liable to a penalty not exceeding ten
pounds.

33. Any person may obtain from the License to use
Govemor-in-Executive Committee a license premises for sale of
or the renewal of a license to use any butchers* meat how
premises in the city of Biidgetown or within obtained.

one mile from the limits thereof for the sale
of butchers' meat on complying with the
following conditions ;

(1) on paying into the public treasury
the sum of twenty pounds.

Digitized by VjOOQIC

488

LAWS OF BARBADOS.

(2) on forwarding to the Qovernor-in-
Executiye Committee (a) certificate in
writing signed bj two Justices of the Peace
that the applicant is known to them, and is
of good character and repute, and is, in their
opinion, a fit and proper person to have a
license, and also (5) a receipt from the Colo-
nial Treasurer for the sum paid in b^ him.
(3.) on satisfying the Govemor-in-Ex-
ecutive Committee, that the premises to be
used as a place for the sale of butchers' meat
are suitable for that purpose.
License to use ^- Any i>erson may obtain from the Gov-
premises as a ernor-in-Executive Committee a license or
slaughter house the renewal of a license to use any premises
how obtained. j^ ^^le city of Bridgetown or within two

miles from the limits thereof for the slaui^hter
of animals for butchers* meat on complying
with the following conditions ;

(1) on paying into the public treasury
the sum of fifty pounds.

(2) on forwarding to the Govemor-in-
Executive Committee (a) a certificate in
writing signed by two Justices of the Peace,
that the applicant is known to them, and is
of good character and repute, and is, in their
opinion, a fit and proper person to have a
license, and also (h) a receipt from the Colo-
nial Treasurer for the sum paid in by him.

(3) on satisfying the Governor-in-Ex-
ecutive Committee, that the premises to be
used as a place for the slaughter of animals
for butchers* meat are suitable for that
piupose.

Duration of licen- 35. Every license or renewed license
*^8. granted unoer the last two preceding sec-

tions shall continue in force up to (and inclu-
sive of) the thirty first day of December in
the year in which it is granted, and shall

Digitized by VjOOQIC

489

SESSION OP 1889.'90.

authorise the person named therein to use
the premises therein described as a place for
the sale of butchers' meat or for the slaugh-
ter of animals for such meat.

36. The Governor in-Executive Committee Inspector to be
shall from time to time appoint a« there ^PPJ»^,,^-^«^«
shall be occasion to carry into effect the sub-Inspector for
provisions of this Act, an Inspector, so f ar as e a c h licensed
concerns the public market, at a salary of not slaughter house,
exceeding one hundred and fifty pounds per

annum, and a Sub-Inspector for each licensed
slaughter-house at a salary of not exceeding
fifty pounds per annum, to be severally paid
monthly from the public treasury on the
warrant of the Govemor-in-Executive Com-
mittee ; provided that such Inspectors shall
be Veterinary Surgeons or other persons
equally qualified to inspect meat.

37. The Governor-in Executive Committee Erection of cattle
may expend a sum not exceeding three sheds &c.> in Mar-
hundred pounds in the erection of cattle ket.

sheds and making such other alterations and
additions at the public market as may be
necessary.

38. The Governor-in-Executive Committee Premises for which
shall have the premises for which a license ? li?e»se is asked to
is asked inspected by an Inspector so as to 8^^^?.
ascertain whether such premises are suitable

for use as a place for the sale of butchers*
meat or for the slaughter of animals for
such meat.

39. It shall be the duty of the Inspectors Duties of laapec-
to inspect (1) all animals slaughtered in the *^'^*

public market or in any place duly licensed ^

for the purpose before they are slaughtered
and also all places licensed under this Act
for the sale of butchers* meat; (2) all
butchers' meat obtained from such animals

Digitized by VjOOQIC

490

LAWS OF BARBADOS

before it ia sold or exposed for sale, and the
other pc^rtions of the am'malii from which
it is obtained, so sb to ascartaia whether such
butchers* meat is fit for huBiau food ; (8) to
pay surprise yisits to any place where
Dutchers' meat is sold or exposed for sale
with a view to discovering whether the pro-
viBions of this Act are being complied with —
such Inspectors being hereby authorised to
enter and inspect for that purpose any such
place ; and (4) to prosecute all persons who,
from their own knowledge or from informa-
tion received, they reasonably suspectof being
guilty of any breach of this Act.

Batchers' meat ^' ^^ ^^y butchers* meat on such inspec-
deemed unfit for ^^^^ ^ aforesaid is in the opinion of the
human food how Inspector unfit for human food, he shall
dealt with. seize the same and immediately give notice

of such seizure to the ownei of the meat or
his agent and at tho expiration of one hoar
after such notice if no question shall have
been raised by such owner or his ^ent
whether the meat so seized is unfit for
human food, cause it to be destroyed or
taken to sea and sunk ; and if any question
Enquiry ae to its g}x&\\ arise whether the meat so seized is un-
fit for human food, the Inspector shall call
together three disinterested and competent
persons to examine the meat so seized and
to give their opinions thereon, and shall act
in accordance with the decision of any two
of the three persons whose decision shall be
final.
Expenses of such 41, The expenses of such enquiry shall, if
enquiry. the decision is adverse to the owner of the

meat be paid by such owner and shall be re-
covered from him in a summary manner be-
fore a Police Magistrate on the complaint of

Btat9.

Digitized by VjOOQIC

491

SESSION OF 18e9-'90.

tlie Inspector and paid into the public trea-
6«ry, provided always sueh expenses shall
not be paid by such owner if the competent
and disinterested persons as aforesaid shall
certify that t4ie question as to the fitness of
the meat for human food was not unreason-
ably or vexatiously raised,

42. The Governor-in-Executiye Committee .. ^^^les and reffula-
, i, , -, , tions to D6 made by

saall have power, as often as may be neces- eowmor in JBxecu-
sary, to malce alter or revoke rules and reg- tive Committee,
ulations lor the good government of the
pablie market of all licensed slaughter-
houses and licensed places for the sale of
butchers' meat ; for carrying out the pix)-
visions of this Act ; and for the transit of
butters' meat in the City of Bridgetown
and one mile from the limits thereof ; and
such rules may provide for the forfeiture
and disposal of butchers' meat dealt with
contrary to the provisions of this Act or
of the rules.

4tS. All rules made by the Governor in- ^^\^^. ^ ^® P"^-
Executive Committee under the P'^ovisions }j^^®^^^^^ Official
of the last preceding section shall be pub-
lished three times in the (Mcial Gazette,
and shall then have the force and effect of
law.

44. Any perscm infringing the provisicms . .I*enalty for in-
of any rule made under the provisions of ^^^^'^^^ ^' ""
this Act shall be liable to a penalty not

exceeding ten pounds.

45. Any offence under and any penalty -Prosecution of
imposed by Uiis Act may be respectively ^°^®^-
prosecuted and recovered in a summary

manner before any Police Magistrate on the
eomplaint of the Clerk of the Market or an
Inspector aj^inted under this Act.

46. One third of every penalty reoovered ^^^isposw of penaU
under this Act shall be paid to the person,

Digitized by VjOOQIC

492

LAWS OF BARBADOS

not being the Clerk of the Market or In-
spector, on whose information the offender
was convicted, and one other third to the
Clerk of the Market or the Inspector, on
whose prosecution such offender was con-
victed, and the remaining one third shall be
paid into the public treasury to the credit of
the general revenue.
OnuB proband! on ^7' ^^ ^^J prosecution for any offence
proeeoution under under section thirty two of this Act the
section 32 lies on onus of proving the butchers* meat* sold or
accuied. exposed for sale was obtained from an ani-

mal slaughtered at the slaughter-house of
the public market, or at a licensed slaugh-
ter house shall lie on the accused.
Costs of prosoca- 48. The Police Magistrates shall issue all
tions by Inspectors, summonses, writs or other necessary legal
documents required by the Clerk of the
Market or an Inspector in discharging his
duties under this Act free of all cost or
charge to him, and costs shall not be im-
posed on the Clerk of the Market or the
inspector prosecuting complaints under this
Act unless such complaints be dismissed and
are deemed by the Court to be fnvolous and
vexatious,
Persons may with- , 49. Nothing in this Act shall prevent the
out license kiUand slaughter at any place in the City of Bndge-
sell in any place town, or vrithin one mile from the limits
animals reared by thereof other than the public market, or a
themselves but may licensed slaughter house by any person vdth-
the ^meaT idthin^ ^^* * license of any animal reared by him-
Bridgetown &c., Self, and the sale of the meat of such animal,
provided that such meat shall not be ex-
posed for sale in the public market, or at
any place in the City of Bridgetown or with-
in one mile from the limits thereof.
50. All persons who shall slaughter in
daS.teri5-^d^'>««*id ?"*>«<= market, or shall sel! therein

Digitized by VjOOQIC

493

SESSION OF 1889-*9a

any butchers' meat, fresh fish, poultry, roots, iag in the market,
vegetables, fruit or other articles or things,
shall pay to the Clerk of the Market the rates
and tolls set forth in schedule A to this Act
annexed; Provided always, that it shall be
lawful for the Executive Committee, from
time to time, to alter, or annul the said rates
and tolls, or any or all of them, and such
alteration or annulment shall take eflfect at
the end of six weeks next after the publi-
cation thereof in the Official Gazette of this
Island.

51, The rents due and to become due for Pents due for the
the separate rooms at the public market set separate rooms at
apart for the sale of goods at the rate fixed *he pu^c market
and to be fixed by the Executive Committee ^^^ ^^ ^"
and also for any other rooms which may

hereafter be set apart by the said Commit-
tee for the purpose aforesaid shall be paid
to the Clerk of the Market for the public
uses of the Island. And the said Clerk of
the Market shall have the same remedies
foi recovery of such rents as appertain to „ ,

any landlord to recover rent from his ^^^^^^^^^ ^^•»'»^'
tenants.

52. The Acts mentioned in schedule B, Repeal and Sar-
to this Act annexed are hereby repealed ; ings.

provided that such repeal shall not affect ;

1. the past operation of the enactments
hereby repealed nor any thing done or
sufibred under the enactments hereby
repealed ; nor

2, any right, privilege, obligation or lia-
bility acquired, accrued, or incurred
under the enactments hereby repealed ;
nor

Digitized by VjOOQIC

4^4
LAWS OF BARBADOS

3. any penalty, {orfeitnre, or punishm^!it
incuired in respect of any offence com-
nutted against the enactmaits hereby
repealed; nor

4. any investigation, legal proceedii^g or
remedy in respect of such right, priv-
ilege, obligation, liability, penalty, for-
feiture, or punishment as aforesaid, and
any such investigation, legal proceeding
and remedy may be carried on as if this
Act had not passed ; nor

5. any enactments in which such enact-
ment have been applied, incorporated or
referred to.

SCHEDULE A.

Tolls to be taken and RECjavjED at the
Public Market Place.
Killing and slaughtering animals in the

slaughter-house, and for selling the meat

thereof within the market : —

s D
For each head of horned cattle ... 1 0
For each calf, sheep, goat or hog 0 3

Fresh fish, poultry, roots, vegetables,
f mit, or other articles or other
things brought into the mar-
ket for sale : —

For each basket or other package if

brought in by one person only 0 1^

•If brought in by more than one

person, for each person ... 0 1^

If brought in by a waggon 10

If brought in by a cart drawn hy

cattle horses OT mules 0 8

If by a donkey cart 0 3

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495

SESSION OF issy.ao.

C3Q

^ -P +9

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00

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CO

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s

OC 00
ri i-H

a §

9^ i-i rH

S^ §0(5

•£H .4^ •iJ

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r-H 00

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496

LAWS OF BAEBABOS

CAP. LXIX.

(Assented to 28th October 1890,)

BARBADOS.

An Act to grant a sum of money out of the
public treasury and to appropriate the
same for the service of the year ending
the thirty first day of December one
thousand eight hundred and nin^y one,

WHEREAS it is deemed expedient to
grant the sum of forty six thousand
three hundred and thirty four pounds twelve
shillings and ten pence out of the pubhc
treasury for making good the supply grant-
ed for the service of the year ending on the
thirty first day of December one thousand
eight hundred and ninety one, and to ap-
propriate the said sum in the manner here-
inafter mentioned ; Be it therefore enacted
by the Governor, Council and Assembly of
this Island, and by the authority of the
same, as follows ;
Short title. 1. This Act may be cited for all purposes

as ** The Appropriation Act, 1891."
Grant of ^£46,334 2. The Colonial Tieasurer for the time
12 10 out of the being may issue out of the public treasury
public treasury. ^^ ^^^ warrant of the aovemor-in-Execu-
tive Committee and apply for making good
the supply granted for the service of the
year ending the thirty first day of Decem-
oer one thousand eight hundred and ninety
one, the sum of forty six thousand three
hundred and thirty four pounds twelve
shillings and ten pence.
Date on which 3. The sum granted by this Act shall be
grant is to take ^^eld to be granted on the first day of Janu-^
effect. ^j.y Q^Q thousand eight hundred and ninety

one,

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497

SESSION OP 1889' 90.

4. The sum granted by this Act out of Appropriation of
the public treasury for making, good the «^°* Jframted.
supply granted for the purpose aforesaid is
appropriated and shall be deemed to be ap-

oiicrl&Oiisand^eithtiundis&d^aiid hihety '<me
for %he^ 'purposes arid vertices' expressed in
the schedide annexed hereto. ' * - --' '■

5. The schedule annexed hereto shall be g^j^^^^i^ ^ y^
deemed to be part of this Act in the same cUemad -» part^-of
manner as if , it had been contained in the^^A^, ., .^ t

body of the Act »c«

AB8TEAGT

Of the Schedule to whicH this Act refers.

Approjpriution of Chants,

Establishments

Exclusive of Establish-
ments— ^

Head 1— Civil

Hekd 2^Legislative....

Head 3 — Judicial; r. ..... .

Head 4— Police

Head 5 — Harbor Police

Head 6 — Prisons

HAad 8— Education

Head 9— Chemistry and
Agricultural Science....

Head 10 — Public Library

Head 11— Medical

Head 14— Drawbacks

Head 15 — ^Worfcs and
Buildings

Head 18 — Miscellaneous

Hoad 19--^Censuef...M....

Total Exclusive of Es-
tablishments .1

Grand Total

8. D.

2,054 5 6

-^'iTS 16 0

195 0 0

6,099 10 0

335 0 .0

4,726 0 0

13,685 4 0

109 5 0

10 0 '0

6,423 13 f4

40 0^0

7,413 0 0

1,915 0 iO

.^^150 0 0

£ s. D.
3/200^ O'^o

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498

LAWS OF BARBADOS

Schedule... Pabt 1.
EgtdbHshments .
Schedule of sums granted to defray the several charges on
account of Establishments herein particularly mentioned
which will come, in course of payment, during the year
ending on the thirty first day of l)ecember 1891.

Service.

Sums not exceeding.

Head 2--B.

For salaries of Officers of
the Assembly

Head 4.
For salaries of Medical
Officers of the Police..

Head 6.

Additional Salary U* In
spectorof Prisons

For the salaries of Officers
of the Prison Depart-
ment

Head 9.
Chemistry and Agricultu
nd Science, for Head of
Botanical Station and
Clerical Assistance. . .

Head 11.

C. For salaries and wages
of members of the Staff
of the Lunatic Asylum,
and the branch Asvlum
at District "B" other
than the Medical Super-
intendent

D. For salaries and wages
of the members of the
Staff of the Lazaretto,
other than the Surgeon,
Superintendent and
Chaplain

E. Lispector of Imported
animals,

Total Head 11....
Total Establishments.

50 0 0

0 0

1,250 0 0

206 0 0
100 0 0

£ 8. D.

750 0 0
125 0 0

570 0 0

200 0 0

1,555 0 0

3,200 0 0

499

SESSION OF 1889'-90.

Schedule Part II.

Exclusive of Estahlishments.

Schedule of the sums granted to defray the several charges
Exclusive of Establishments, herein particularly men-
tioned, which will come, in course of payment, during
the year ending on the thirty first day of December, 1891,
namely,

Service.

Sums not exceeding.

Head 1, — Civil

a. For supply of Furni
niture for Government
House dfilOO, stationery
and incidentals for Gov-
ernor's Office £50

b. Clerical Assistance in
record branch of Colo-
nial Secretary's Office. .

d. For Furniture Tele
phone and Miscellan-
neous Expenses of the
AuditorGeneral's Office

e. For wages of messenger
X20, Telephone £6 5
and Miscellaneous of
Public Works Office
je9 15

/. Harbour Master, Tele
phone

Powder Hulk, Water
and Light £17, Main
tenance ^130

£ s. D.

150 0 0

9 19 8

36 0 0

6 5 0

147 0 0

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60C
LAWS OF BARBADOS.

Service.

Sums not exceeding.

g. For special services,
wages furniture, and
MisceUaneoui ' oif the
Customs Department.

j. For wages, jgas, water
Microscope aiidcclntm<
gencies at the Market

k. For clothing, aprarat-
us, horses, and Miscel
laneous of the Fire
Brigade Department

o. For Instruments n>pi»>
ratus &c., for the Inland
Revenue Department. . .

Total Head 1. Civil.

Head 2— LEOisuLTrvs.

{a.hx.) For MiscellaaeouB
of the Le^slative De-
partments mcluding re
ireshments

Head 3 — Judicial.

For Miscellaneousiof Ju-'
dicial Department
J£40 clerical assistance
for Bridgetown Magis-
trates 4100 ,

Books £bO Interpreter £6

744 5 10

229 10 0

546 5 0

35 0 0

140
55

2,054 5 6

78 1^ 0

195 0 0

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SESSION OP 1889.'90.

Service.

Sums not

, exceeding.

Head 4 — Police.

£ S. D.

£ s. I

)

For the support of the
Police Department

« • •

6,099 lb

Hbat>5-Habboub Police.

For the support of the
Harbour Police Depart-
ment

...

333 0

Head 6 — Pbisons.

For the support ; of the
Prison Department '.

For the support of Dodds
Reformatory

3,556 0 0
1.170 0 0

4,72« 0

Head 8 — Edxtcation.

To defray the expenditure
to be incurred under the
Education Act, 1878...

13,'685 4

f
Head 9 — Chemist»t .\
And Aobicxtltxtbal Sci-
ence.

For chemicals, water, gas,
repairs and incidental
expenses for this De-

109 6 0

109 6

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502
LAWS OP BARBADOS

Service.

Sums not exceeding.

Hbad 10 — Public

LiBBABT.

For the Miscellaneons ex-
penditure of the Public
Library Department..

Hbab 11. — Mbdical.

e Lunatic Asylum —
For the support of the
Lunatic Asylum

d. Lazaretto —

For the support of the
Lazaretto

e. Board of Healths-
Wages, Miscellaneous &c.,
dS95 13 4

Repairs 50 0 0

Erection and upkeep of
Animal Quarantine Sta-
tion £250 0 0

Guarding yessels in Quar
antine ^100 0 0

/. Poor Law Board —

For Messenger, furniture
and Miscellaneous. ...

Total Head 11— Medical

£ 8. D.

3,400 0 0

2,513 0 0

495 13 4

15 0 0

£ s. D.

10 0 0

6,423 13 4

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503
SESSION OF 1889'.90.

Service.

H£AD 14 — Drawbacks

For payment to the Mili-
tary Departments in lieu
of drawback at the rate

of d640 a year

Head 16 — Works and
Buildings.

A. For wages and contin
gencies of the Public
Buildings

B. For repairs and alter
ations, namely : —

1. Public Buildings....

1. h. Post Office

1. a. Government House

1. g. Customs and Petro-
leum Warehouse

1. j. Market

1. w Signal Stations and
Inland Telegraph

4. Police Stations...

6. Prisons & Town Hall

Sums not exceeding.

£ s.

100 0

5 0

160 0

25 0

126 0

60 0 0
350 0 0
150 0 0

£ s.

40 0 0

75 0 0

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504

LAWS OF BABBADOS

Service.

Sums not exceeding.

Refonnatorv

£ ft D.

50 0 0

10 0 b

300 0 "o
150 0 0
100 0 0
30 0 0
100 0 0

15 0 0

10 0 0

15 0 0

200 0 0

100 0 0

• 60 0 0

23 0 0

Jg S. D.

7. BishoD^s Court

10. c. Lunatic Asylum...
10 d. Lazaretto

MiBeelianeous

a Swinfif Bridfire

5. Buoys

c. Cranes, repairs and
Painting

d. Fountain Garden....

Codrington House...

/. Wharf walls

g. Repairs to Pumps....

Dredfife

Repairs to Montefiore
Fountain. Ac

2 lis 0 0

*, \§R '1* •??

C. New Works-
New Tjantem Needham's
Point <s...i

10 0 0
500 0 0

1,100 0 "o ;

2.000 b 0

i'.ioo 0 0

Dredfirinfif

Quarantine Hospital

Wharf Walls *

Powder Magazine

Total New Works

4,810 0 0

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506
SlESSION OP 1889-'90.

Service.

Sums not exceeding:

D. Incidental Expenses...

For salary of Storekeeper
and Assistant in Office
of Superintendent of
Public Works

For upkeep of Fountain
and St. Mary's Gardens

For Lighting the Wharf

Foreman dgTO, Travelling
expenses ^815

Labor Gang

Instruments for Public

Works Office

Total Incidental Ex-
penses

£ s.

80 0 0

Total Head 15— Works
and Buildings

Head 18— Miscel-
laneous.

For cost of Parish Regis-
ters and indexing and
binding the same

For cost of Telegrams sent
on the Riblic Service...

For advertising Liquor
Licenses

For Government Binding
and Printing

100 0 0

50 0 0

20 0 0

1,200 0 0

£ s. D.

30 0

100 0

85 0
100 0

0
0

15 0

410 0 0

7,413 0 0

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506
LAWS OF BARBADOS.

Service.

For Stationery for the use
of the Public Depart-
mentB

This amount to be placed
at the GU>vemor'8 dis*
po8al for the service of
the Colony

fizpenses incident to work
ing the Bum Act, 1887...

Ez|>en8es incident to work-
mg the Adultenntioii
Act 1888

Total Head 18-^Mi8cel
laneous

Head Id— Census.

Fl'mtiugand MiscelbneooB

Total Ezdiitive of Estab*
lishments

Sums not exeeeffing.

£ S. D.

225 0/ 0,

100 0^0.

20 0 0

200 0 0

£ 8. D.

i^as, 0^^ 0*

50 0 0

43,134 12 10

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