The Laws of Jamaica, 1898

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Jamaica Caribbean Law and Jurisprudence

1898

Jamaica

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[Assented to 24th May, 1898.] 1. A Law to amend Law 24 of 1890, entitled a Law to pre vent the importation of Cattle and other animals suf fering from Contagious and Infectious Diseases. 2. A Law to amend The Prevention of Cruelty to Children Law, No. 9 of 1896. [Assented to 1st June, 1898.] 3. A Law to amend the Harbour Consolidation Law, 1873, (Law 36 of 1873.) [Assented to 1st April, 1898.] 4. A Law to amend Law 17 of 1890, (A Law in aid of the Parochial Hoads.) [ Assented to.2nd June, 1898.'] 6. The Obeah Law, 1898. • [Assented to 1st June, 1898.] 6. A Law to amend Laws 23 of 1870 and 19 of 1885. [Assented to 2nd Jv/ne, 1898.] 7. The Administrator General’s Law, 1873, Amendment Law, 1898. [Assented to 2nd July, 1898.] 8. A Law to amend the Building Societies Laws. [Assented to 2nd June, 1898.] 9. The Pound Law, 1897, Amendment Law, 1898. [Assented to 24th May, 1898.] 10. A Law to amend a Law for laying a Tax on Dogs. (No 10 of 1868.) 11. The Stamp Duty Law, 1868, Amendment Law 1898. 12. The Parochial General Purposes Fund Law, 1886, Amend ment Law, 1898. [Assented to 6th July, 1898.] 13. The Jury Law, 1898. [Assented to 24th May, 1898.] 14. A Law to amend the Legacy Duty Law, 1879.

56001 II. [Assented to 29th April, 1898.] 15. The Kingston General Commissioners Extended Powers Law, 1898. [Assented to 3rd June, 1898.] 16. The Direct West India Cable Company's Law, 1898. [Assented to 6th July, 1898.] 17. A Law to amend The Marine Board Laws, 1896 and 1897. [Assented to 2nd July, 1898.] 18. The Adulteration of Food and Drugs Law, 1898. [Reserved for the signification of Her Majesty's Pleasure, 21st July, 1898 ] 19. The Agricultural Tenants Protection Law, 1898. [Reserved fo r the signification o f Her Majesty's pleasure, 4lh June, 1898] 20. The Succession Duty Law, 1898. [Assented to 11th May, 1898, disallowed by Her Majesty.] 21. The Spirit License Law, 1898. [Assented to 2nd July, 1898.] 22. A Law to provide for the notification of Infectious Di seases. [Assented to 22nd April, 1898.] 23. The Revenue Temporary Protection Law, 1898. [Reserved Jor the signification o f Her Majesty's pleasure, 20th July, 1898.] 24. The Criminal Law, Amendment Law, 1898. [Not assented to.] 25. The Gambling Law, 1899. [Assented to 6th July, 1898.] 26. The Solicitors Law, 1896, Amendment Law, 1898. [Assented to 2nd July, 1898.] 27. The Rates Collection Law, 1898. [Assented to 18th May, 1898.] 28. The Tariff Law, 1898. [Assented to 2nd July, 1898.] 29. The Kingston and Liguanea Water Works further Loan Law, 1898. III. |Assented to Sth July, 181)8.] 80. A Law to amend Law 37 of 1896, The Produce Protection Law. [Assented to 24th May, 1898.] 31. A Law to amend the Rum Duty Laws, 1878-1894. [.Assented to 2nd July, 1898.] 32. A Law to allow and confirm certain expenditure in 1896- 97. 33. The Spanish Town Water Supply Law, 1877, Amendment Law, 1898. [Assented to 12th August, 1898.] 34. A Law to enable the Governor of Jamaica to appoint a Commissioner for the Cayman Islands. 35. The Judicature Law, 1879. Amendment Law, 1898. 36 A Law to amend The Resident- Magistrates Laws No. 43 of 1887, and No. 16 of 1891. 37 The Appropriation Law, 1898-99. [Assented to 23rd August, 1898.] 38. The West India Electric Company’s Law, 1897, Amend ment Law, 1898. [Assented to 12th Avgust, 1898.] 39. The Jury Lists Temporary Settlement Law, 1898. [Assented to 10th September, 1898.] 40. A Law to provide for raising a sum not exceeding one hundred thousand pounds sterling for the Public Ser vice. f Assented to'Hth September, 1898.] 41. A Law to remove doubts in connection with the Tariff Law, 1898.

P r i v y C o u n c il R e g u l a t io n s . Stamps on Boxes and Packages of Cigars and Cigarettes. Protection from personal injury under Tramways Law. West India Electric Company.

V. STATUTES AND LAWS. Repealed, Amended, or otherwise affected by Laws 1 to 4-1 o f 1898

Statutes or Laws Repealed How affected. Number of Law or Amended. of 1898.

/ i Law 24 of 1890 Amended by / Law 33 of 1893 Incorporated with j-Law 1 of 1898. Law 17 of 1895 } Law 1 of 1897 Whole Law repealed by / Law 9 of 1896 Amended by and incorpo Law 2 of 1898. rated with 1 / Law 36 of 1873 Amended by and incorpo rated with J- Law 3 of 1898.

/ Law 17 of 1890 Section 24 amended by ; and Sections 26, 26, 27, 28 re pealed b y ; and incorpo rated with )*Law 4 of 1898. V Law 11 of 1891 Section 6 repealed; incorpo rated with / Law 26 of 1893 Whole Law repealed 19 Vic. Chap. 30 21 Yic. Chap. 24 y Law 28 of 1892 Whole Act repealed Law 5 of 1898. / Law 1 of 1893 / Law 19 of 1885 Section 2 amended by Law 23 of 1870 | Law 6 of 1898. r Law 7 of 1876 }Incorporated ✓ Law 26 of 1894 Except Sections 5 and 7 re enacted by Law 7 of 1898. ✓ Law 23 of 1897 Sections 18,16,30 amended by Section 20 Sub-section 4 repealed and new section substituted Paragraphs 2 and 4 of Sec >Law 8 of 1898. tion 10 and certain words in Section 32 repealed by • 28 Vic. Chap. 17 Incorporated with J / Law 19 of 1897 Section 10 and Schedules 2 and 3 amended by |-Law 9 of 1898. Incorporated with

• Law 10 of 1868 Section 7 amended by Incorporated with j-Law 10 of 1898. VI. 8TATUTE8 AND LAWS. Repealed, Amended or otherwise affected by Laws l to 41 of 1898.

Statutes or Law s Repeal© Number of Law How affected. or Amended. of 1898.

• Law 33 of 1868 Schedule amended by Incorporated with | Law 11 of 1898.

l / Law 10 of 1886 Section 3 amended by Law 12 of 1898.

/ Law 48 of 1869 'j v' Law 82 of 1881 >/ Law 16 of 1885 * Law 24 of 1888 Whole Low repealed by * Law 22 of 1895 ■/ Law 12 of 1896 l-Law 13 of 1898. y Law 35 of 1897 . Law 43 of 1887 Certain words in Section 168, Section 164 repealed by J

* Law 16 of 1879 Schedule ** A ’'repealed and new Schedule substituted j-Law 14 of 1898. by

* Law 17 of 1896 Sections 14,17. Sub-section 8, 30 and 60 amended by V’ Law 17 of 1897 Section 6 (a) amended by Section 20, Sub*section 1 : S-Law 17 of 1898. (a) and (o) repealed; Sec tion 2 partially repealed; 1 incorporated with

■ 27 Vic. Sess. 1 Chap. 32 Section 42 amended Law 10 of 1890 Section 2 amended j. Law 24 of 1898. ■ Law 13 of 1886 } ' Law S of 1896 Incorporated with j-Law 29 of 1898. V Law 80 of 1897 Whole Law repealed

/ Law 37 of 1896 Section 3, Sub-section (a) Sections 5, 8, 10, 14 amended ; Sections 4, 16 and Schedule IH repealed ►Law 80 of 1898. and new ones substituted Section 20 repealed

'/law 10 of 1878 'v Section 46 repealed ' v Law 12 of 1894 Sections 1,9 and 10 repealed v'Law 35 of 1881 Incorporated with ►Law 31 of 1898. • Law 11 of 1889 J VII. STATUTES AND LAWS. Repealed, Amended or otherwise affected by Laws 1 to 41 o f1898.

Statutes or Laws Repealed How affected. Number of Law or Amended. of 1898.

► Law 16 of 1877 ... Amened and incorporated Law 33 of 1898.

I Law 24 of 1879 ... Section 9 amended Law 35 of 1898. • Law 43 of 1887 Section 4, Schedules B, C, and D repealed Incorporated |>Law 36 of 1898. / Law 16 of 1891 Sub-sections 1 and 2 of Section 1 amended 1 / Law 33 of 1897 Section 21 repealed and new Section substituted Section 37 amended "|-Law 38 of 1898. • Law 26 of 1872 Partially incorporated J y Law 28 of 1898 ... Schedule II explained Law 41 of 1898.

JAMAICA—LAW 1 OF 1898.

A Law to Amend Law 24 oj 1890, entitled “ A Law toprevent the importation of Cattle and other animals suffering from Con tagious and Infectious Diseases.” [24th May, 1898.~\ HEREAS it is deemed expedient to bring horses, mules Preamble* W and asses under the provisions of Law 24 of 1890 and the Laws amending the same. Be it enacted by the Governor and Legislative Council of Jamaica, as follows :—

1—This Law may be cited as “ The Horses Contagious Short Title. Diseases Law of 1898.”

2—The term “ cattle,” in Law 24 of 1890 is hereby amended “ Cattle” and “ di sease” defined. by including in the definition thereof the words “ horses, mules and assesand the term “ disease,” is hereby amended by including in the definition thereof the words “ glanders and farcy.”

3—This Law shall be construed and read as one with Law Incorporation of Laws 24 of 1890, 24 of 1890, Law 33 of 1893 and Law 17 of 1895, which to 33 of 1893 and 17' gether may be cited as “ The Animals Contagious Diseases of 1895. Laws, 1690-1898.”

JAMAICA—LAW 2 OF 1898.

A Law to amend The Prevention of Cruelty to Children Law, No. 9 of 1896. [24th May, 1898.']

E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, aB follows :— 1—This Law may be cited as “ The Prevention of Cruelty Short Title. to Children amending Law, 1898.”

2—Law 1 of 1897 entitled “ The Prevention of Cruelty to Law 1 of 1897 Children amending Law, 1897”, is hereby repealed. repealed.

3—Law 9 of 1896 is hereby amended in the following par Law 9 of 1896 amended. ticulars— (a) At the end of division (1) of Section 8, for the word “ five” the word “ three” is substituted, (5) In the last line hut two of that portion of Section 12 which immediately precedes the provisoes (o) and (S), for the word “ thirteen” the word “ ten” is substituted.

This Law shall be read and construed as one with Law 9 of Incorporation of 1896. Laws.

JAMAICA—LAW 3 OF 1898.

A Law to amend The Harbour Consolidation Law, 1873, (Law 36 oj 1873.) [1st June, 1898.) E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows S te # 1—This Law shall he construed and read as one with Law Incorporated with 36 of 1873. 36 of 1873. 2—Notwithstanding anything contained in Section 33 of Harbour Master may authorize Law 36 of 1873, when a vessel in the harbour of Kingston omission to deposit Gunpowder at has gunpowder on hoard in transit stowed in properly con Port Royal. structed magazines, if the Harbour Master is satisfied that no damage is likely to arise from the fact of such gunpowder being so stowed as aforesaid, he may authorise the Captain of such vessel to omit depositing such gunpowder at Fort Au gusta or other place appointed by the Governor for the pur pose, and in that case the Captain shall he relieved from the liability to any for such omission.

JAMAICA—LAW 4 OF 1898.

A Law to amend Law 17 of 1890, (A Law in aid of the Paro chial Roads.) [1st April, 1898.1 HEREAS the proceeds of the taxes imposed by Law 17 Preamble. W of 1890 together with the proceeds of the Licenses to sell Spirits, after deducting therefrom the sum required to pro vide for the Interest and Sinking Fund on the money raised by the Loan authorised by the said Law, are insufficient to provide for the due maintenance and repairs of the Parochial Roads which have been taken over as Main Hoads under the provisions of the said Law : Be it enacted by the Governor and the Legislative Council of Jamaica, as follows:— 1—Section 24 of Law 17 of 1890 is hereby amended, by Section 24 of Law striking out all the words from and including the word “ se- Amended*0 condly” in the sixth line thereof down to and including the word “ Law” in the tenth line thereof, and inserting in lieu thereof the following words: “ And the balance in any year shall be appropriated in part payment of the total sum authorised by the Legislative “ Council and expended in such year for the maintenance and “ repairs of all the Main Roads of the Island, including the “ roads taken over as Main Roads under this Law.” ^ Sections 25, 26, 27, and 28 of Law 17 of 1890, Section 6 Repeal, of Law 11 of 1891, and Law 26 of 1893 are hereby repealed. 2 £Ch. 4 ] Appropriation of 3— The balance of the loan raised under the provisions of unexpended bal ance under Law Law 17 of 1890, now remaining unexpended, may be ex 17 of 1890. pended in further improving all or any of the roads taken over as Main Roads under the said Law, and in the recon struction of any or any parts of such roads ns have been des troyed, or seriously damaged to such an extent that the funds provided for their maintenance are, or have been insufficient for the purpose, in such manner, and in such sums as the Go vernor shall from time to time authorize.

Incorporation of 4— Law 17 of 1890, Law 11 of 1891 and this Law shall be Laws. taken together and read as one Law, and may be cited as “ Laws in aid of the Parochial Roads, 1890-98.” JAMAICA—LAW 5 OF 1898.,

The Obeah Law, 1898. [2nd June, 1898.'] HEKEAS it is expedient to amend and consolidate the Preamble. W Law relating to Obeah and Myalism : Be it enacted by the Governor and Legislative Council of Jamaica, as follows :—

1—-This Law may he cited as “ The Obeah Law, 1898.” Short Title.

2—The Laws mentioned in the Schedule hereto are, to the Repeal. extent therein mentioned, hereby repealed; provided that such repeal shall not affect any prosecution or appeal against any conviction pending on the passing of this Law, hut such prosecution and appeal shall be proceeded with as if this Law had not been passed. 3—In this Law, unless the context otherwise requires, Interpretations.

“ Obeah” shall he deemed to be of one and the same “ Obeah.” “Myal- meaning as “ Myalism ; ” iam.”

“ A person practising Obeah” means any person who, to “ Person practising effect any fraudulent or unlawful purpose, or for Obeah.” gain, or for the purpose of frightening any person, uses, or pretends to use any occult meaus, or pretends to possess any supernatural power or knowledge; and

“ Instrument of Obeah” means any thing used, or intended ** Instrument'of to he used by a person, and pretended by such Obeah.” person to be possessed of any occult or supernatural power. 2 [Ch. 5.] Obeah Law, 1898, Punishment for ^_Every person practising Obeah shall be liable to im practising Obenh. prisonment, with or without hard labour, for a period not ex ceeding twelve months, and in addition thereto, or in lieu thereof, to whipping. Provided always that such whipping shall be carried out subject to the provisions of 28 Victoria, Chapter 18, and 29 Victoria, Chapter 7, and be inflicted at a place to be named by the Resident Magistrate making the order. Provided further, that it shall not be lawful to order more than eighteen lashes in the case of a person of sixteen years of age, or more than twelve lashes in the case of a person under the age of sixteeen years and above the age of twelve years, or more than six lashes in the case of a person under the age of twelve years and above the age of ten years.

Punishment for 5 _Whoever, for any fraudulent or unlawful purpose, con consulting for frau dulent purpose, sults any person practising Obeah shall be liable to imprison person practising Obeah. ment, with or without hard labour, for a period not exceeding six months; and, in addition thereto, or in lieu thereof, to whipping, subject as regards such whipping to the proviso contained in section four of this Law. Provided, that nothing in this law shall be deemed to authorize the infliction of a sentence of whipping on a female.

Penalty for con 6 _Whoever, for the purpose of effecting any object, or of sulting person practising Obeah. bringing about any event, by the use of occult means or any supernatural power or knowledge, consults any person prac tising Obeah and agrees to reward the person so consulted for such consultation, shall be liable to a fine not exceeding Fifty Pounds, or to imprisonment, with or without hard la bour, for a period not exceeding twelve months.

Power to search ■ 7_Whenever it is made to appear upon oath that there is for Instrument of Obeah. reasonable cause to suspect that any person is in possession of any instrument of Obeah, it shall be lawful for any Justice of the Peace by warrant to authorize any officer of constabulary, constable, or rural policeman to enter and search any place, either in the day or in the night, and if any instrument of Obeah is found in any place so searched, to seize and bring it The Obeah Law, 1898. [Oh. 5.] before him to be secured for the purpose of being produced in evidence in any proceeding before any Court of Justice in which it may be required. 8— Whenever upon any such search as aforesaid, any Presumption.in strument of Obeah is found, the person in whose possession it is found shall be deemed, unless and until the contrary is proved, to be a person practising Obeah within the meaning of this Law, at the time at which the instrument of Obeah was so found. 9— It shall be lawful for any Officer of Constabulary, conPower to arrest. stable, or rural policeman to arrest without warrant any per son practising Obeah. 10— If any person shall compose, print, sell, or distributeObeah literature suppressed. any pamphlet, or printed matter calculated to promote the superstition of Obeah, he shall be guilty of an offence against this Law, and shall be liable to a penalty not exceeding Twenty Pounds, or in default, to imprisonment, with or with out hard labour, not exceeding six months. 11— All offences under this Law shall be tried in a sumJurisdiction. mary manner before the Resident Magistrate for the parish in which the same shall be committed.

SCHEDULE. Schedule of Laws repealed.

Laws Repealed. Titles. Extent of Repeal.

19 Viet. c. 30 An Act for tlie more effectual pun The whole Act. ishment of persons convicted of dealing in and practising Obeah and Myalism. 21 Viet. c. 24 An Act to explain the fourth Vic Do. toria, chapter forty-two, and the nineteenth Victoria, chapter thirty, and for the more effectual punish ment of Obeah and Myalism. Law 28 of 1892 The Obeah and Myalism Acts Do. Amendment Law, 1892 Law 1 of 1893 The Obeah and Myalism Acts, Fur Do. ther Amendment Law, 1893.

JAMAICA—LAW 6 OF 1898.

A Law to amend Laws S3 o f 1870 and 19 of 1885. [1st June, 1898.] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows 1—This Law may be cited as “ The Gunpowder and Eire Short Title. Arms Amendment Law, 1898,” and shall be construed and read as one with Laws 23 of 1870, 7 of 1876 and 19 of 1885.

2—The Governor may, with the advice and consent of the Power of Governor ...... i t i t to add to or remove Privy Council, by his proclamation duly published m the Ja- articles from Sec. 2 maica Gazette, add to, or remove from the articles included in o£ Law 19 of 1885' the terms “ gunpowder” and “ dangerous explosives,” as de fined in Section 2 of Law 19 of 1885, such articles as he may from time to time determine.

3—The Governor may, with the advice and consent of the Power to frame, Privy Council prescribe, and from time to time alter, or amend rules.’ amend, all forms which shall be required for the purposes of this Law, and may also frame all necessary rules, and from time to time rescind, alter, or amend the same, for more fully and effectually carrying out the provisions thereof.

/f) | U. f, , *i'~t (TplS" JAMAICA —LAW 7 OF 1898. / f

The Administrator General's Law, 1873, Amendment Law, 1898, [2nd Jv/ne, 1898.~\ E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows :— 1—Law 26 of 1894, entitled “ The Administrator General’s Be-enactment of Law, 1873, Amendment Law, 1894,” with the exception of Laws. Sections 6 and 7, is hereby re-enacted.

2—This Law shall commence to operate from the 28th day Common cemen t and duration of of February, 1898, and shall continue in force until the 30th Law. day of June, 1899, unless previously repealed.

JAMAICA—LAW 8 OF 1898.

A Law to Amend the Building Societies Laws. [2nd July, 1898.] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows:— 1—The rules of every society under the Building Societies’ Requirements of Laws, established or substituting a new set of rules for its existing rules, after the passing of this Law shall set forth: (a.) the manner in which the stock or funds of the society is or are to be raised ; (J.) the terms upon which unadvanced subscription shares are to be issued, the manner in which con tributions are to be paid to the society and with drawn by the members, with tables, where appli cable in the opinion of the Attorney General, showing the amount due by the society for prin cipal and interest respectively; (c.) the terms upon which paid-up shares, if any, are to be issued and withdrawn, with tables, where appli cable in the opinion of the Attorney General, showing the amount due by the society for prin cipal and interest respectively; (d.) whether preferential shares are to be issued, and if so, within what lim its; (e.) the manner in which advances are to be made and repaid, the deductions, if any, for Fire or Life In surance premiums, and the conditions upon which a borrower can redeem the amount due from him before the expiration of the period for which the advance was made, with tables, where applicable 2 [Ch. 8 .] The Building Societies Law, 1898. in the opinion of the Attorney General, showing the amount due from the borrower, after each stipulated payment; If.) the manner in which losses are to he ascertained and provided fo r; (a.) the manner in which membership is to cease; (A.) whether the society intends to borrow money, and if so, within what limits, not exceeding those pre scribed by the Building Societies’ Laws.

Proceeding*. 2— Proceedings under Section 19 of the Building Societies Law, Amendment Law, 1897, (Law 23 of 1897), may be taken by or at the instance of (a.) the society, or (A.) any member authorised by the society, or by the Board of Directors, or by the Deputy Keeper of the Records, or by the Attorney General, or (c.) the Deputy Keeper of the Records; or (d.) the Attorney General.

Section 16 of Lew 3— Section 16 of the Building Societies Law, Amendment 33 of 1897 emended. Law, 1897, (Law 23 of 1897), is hereby amended by adding the words “ imposed, given and created’’ after the words “ duties, powers and trusts."

Rupeel end re 4— Sub-section 4 of Section 20 of the Building Societies’ enactment of Sub- section 4 of Section Law, Amendment Law, 1897, (Law 23 of 1897), is hereby re 20 of Law 23 of 1897. pealed and the following substituted ns such sub-section :— (4.) By winding up, either voluntarily under the super vision of the Court, or by the Court, if the Court shall so order on the petition of any member authorised by three-fourths of the members present at a general meeting of the society specially called for the purpose to present the same on behalf of the society, or on the petition of any judgment creditor for not less than fifty pounds, but not otherwise. Penalties. 6—If any society under the Building Societies' Laws neg lects or refuses The Building Societies Law, 1898. [C h . 8.] 3 (a) to give any notice, send any return, or document, or do, or allow to be done, anything which the society is by those laws required tq give, send, do, or allow to be done; or (S.) to do any act, or furnish any information required for the purposes of those laws by the Deputy Keeper of the Records, or by an inspector, the society, and also every officer thereof bound by the rules thereof to fulfil the duty whereof a breach has been so com mitted, and if there is no such officer, then every member of the Committee of Management, or Board of Directors of the society, unlessjit appears that he was ignorant of, or attempt ed to prevent the breach, shall for each offence be liable on summary conviction to a fine not exceeding Twenty Pounds, and in the case of a continuing offence, to an additional fine, not exceeding Five Pounds, for every week during which the offence continues.

6— Section 13 of Law 23 of 1897, is hereby amended by in- .Section 13 .0I Law serting the words “ the Secretary of the Society,” between the 23ofl897amended words “ and” and “ shall” in the 12th line thereof.

7— Section 30 of Law 23 of 1897 is hereby amended by Section 30 of Law adding the following words “ The copy of such account and 23ofl897arMnded- statement forwarded to the Deputy Keeper of the Records shall be published by that Officer in the Jamaica Gazette.”

8 — There shall be paid to the Deputy Keeper of the Deputy Keeper of Records for every Certificate required under the Building So- Certificatm.8 f°r cieties’ Laws, a fee of Two Shillings and Sixpence.

9— The law specified in the Schedule to this Law is hereby Repeal, repealed to the extent mentioned in the third column of that Schedule.

10— This Law may be cited as “ The Building Societies Law, short Title and 1898,” and shall be construed as one with the Act of the 28 1j““ jjporation of Victoria, Chapter 17, intituled “ An Act for the Regulation and Encouragement of Benefit Building Societies in this Island,” and the Building Societies Law, Amendment Law, 4 [C h. 8 .] The Building Societies Law, 1898. 1897, (Law 23 of 1897), and those laws and this Law are in this Law referred to, and may be cited collectively as “ The Building Societies Laws."

SCHEDULE. T ear and N um ber. T itle. Extent of Repeal.

23 of 1897 ...The Building Societies Paragraphs 2 and 4 of Section Law, Amendment 10. Law, 1897 In Section 32 the words " or " if any Building Society after “ the passing of this Law, makes “ default in forwarding to the “ Deputy Keeper of the Re- " cords any returns or informa- “ tion by this Law and the " Principal act required, or “ mskes a return wilfully false “ in any respectf the words "or by whom such default “ shall have been made or who “ shall have made such wilfully “ false return;” and the words "or for every such default “ or false return.” JAMAICA -LAW 9 OF 1898.

The "Pound Law, 1897, Amendment Law, 1898. [2nd June, 1898.~\ E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows 1—Section 10 of Law 19 of 1897 is hereby amended hy Sectipn 10 of La\r inserting after the word “ shall” in the second line, the 19 of 1897 amended. words “ if the owner fail to claim the animal within six “ hours.”

2—Schedule 3 of the said Law is hereby amended by Schedule 3 the substitution of the figure “ 0” for the figure “ 2” in the amended. last line of the said Schedule.

3—Schedule 2 of the said Law, is hereby amended by Schedule 2 striking out the words “ when any animal is kept on any amended. . land during a Sunday, the owner of such land shall be charged double the above rates,” and substituting for the same the words “ when any animal is kept on any land during a Sunday, the owner of such animal shall be charged double the above rates.”

4—This Law is incorporated with, and shall be read as one Incorporation of with the Pound Law, 1897. Laws.

■T AMATO A—LAW 10 OF 1898, » fi™

A Law to amend a Law fo r laying a Tax on Logs. (No. 10 o f 1868.) [24th May 1898.) E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows:— 1—The Governor in Privy Council may from time to time, Power to add town by notice to be published in the Jamaica Gazette, order and °f ELw^Wof 1868. direct that any town or village not already included in Sec tion 1 of Law 10 of 1868, (A Law for laying a tax on dogs) shall be added to the towns mentioned in the said Section of the said Law, and thereafter the said Law shall apply to the town or village mentioned in such notice as though it had been specially referred to and included in the section of the said Law before mentioned.

2—On the request of the Parochial Board of any Parish Power to add parish or part oi a the Governor in his discretion may, by proclamation to be parish. published in the Jamaica Gazette, notify that such Parish or such part thereof as the said Parochial Board may in their application define, is subject to the provisions of Law 10 of 1868, and thereafter such Parish, or part thereof as aforesaid, shall be subject to the provisions of the said Law, (No. 10 of 1868) in the same way and to thesame extent as are the towns and villages mentioned in Section 1 of the said Law.

3—Section 7 of Law 10 of 1868 is hereby amended by Section r of Law omitting the words “ the sum of two pounds” in the 5th line, ^ oi 1868, amend' and substituting therefor the words “ a sum not less than “ ten shillings nor exceeding two pounds.”

4—This Law shall be read and construed as one with Law Incorporation of 10 of 1868. Laws.

JAMAICAfLAW 11 OF 1898.

The Stamp Duty Law, 1868, Amendment Law, 1898. [24-th May, 1898.~\ E it enacted by the Governor and Legislative Council of B Jamaica, as follows :— 1—So much of the Schedule to The Stamp Duty Law, 1868, PreamWo- (Law 33 of 1868), as provides that a Stamp Duty on Marine policies shall be according to the rate therein mentioned, shall be amended by substituting for such rates the following, that is to say-H p On every policy of assurance or insurance or other instru- Marine Policies, ment by whatever name the same shall be called, where by any assurance shall be made upon any ship or vessel, or upon any goods, merchandize, or other property on board of any ship or vessel, or upon the freight of any ship or vessel, or upon any other interest in or relating to any ship or vessel, which may lawfully be insured, When the sum insured shall not exceed Ten Pounds Threepence And for every additional Ten Pounds, or frac tional part thereof, up to Two Hundred Pounds Threepence And where it shall exceed Two Hundred Pounds, and not exceed Pive Hundred Pounds, for every additional Fifty Pounds or part thereof Sixpence And where it shall exceed Pive Hundred Pounds for every additional Hundred Pounds or part thereof One Shilling 2 [Oh. 11.] The Stamp Duty Law, 1868, Amendment Law, 1898. N ot to affect Insur 2— This Law shall not affect insurances or other instru ances under Law of 1882. ments coming under the provisions of The Stamp Duty Law, 1868, (Marine Insurance) Amendment Law, 1882, (Law 6 of 1882.)

Bonds, Court of 3— The first paragraph under the heading “ Court of Ordi Ordinary. nary,” in Part 2 of the Schedule to Law 33 of 1868, is hereby amended in the following particular, that is to say, the word “ three,” shall be substituted for the word “ two,” between “ of’ and “ pounds” in the last line of such paragraph.

Agreements for 4— (1) An agreement for a lease, or with respect to the let Lease. ting of any lands, tenements, or heritable subjects, shall be charged with the same duty as if it were an actual lease made for the term and consideration men tioned in the agreement.

Lease pursuant to (2) A lease made subsequently to, and in conformity with stamped agree* mont. such an agreement duly stamped, is to be charged with the duty of sixpence only.

Incorporation of 5—This Law is incorporated and shall be rea l as one with Laws. the Stamp Duty Law, 1868. JAMAICA—LAW 12 OF 1898. 1* f w

The Parochial General Purposes Fund Law, 1886, Amend ment Law, 1898. \_2ith May, 1898.] HEREAS it is desirable to amend the Law relating to Preamble. W the Parochial General Purposes Funds of the several Parishes in this Island : Be it enacted hy the Governor and Legislative Council of Jamaica, as follows 1—In addition to the purposes for which under Law 10 of Application of . . Parochial General 18S6 the Parochial General Purposes Fund may be applied, Purposes Fund, the Parochial Board of each Parish may apply the Parochial exlended' General Purposes Fund-^H (a) In repaying moneys advanced from General Revenue and the interest thereon; (b) In defraying expenses incurred in the interest, or for the benefit of the Parish, in accordance with, or sanc tioned by a resolution of the Board, and expressly authorised hy the Governor to he paid from the Pa rochial General Purposes Fund.

2 —Section 3 of the said Law is hereby amended by add- Section 3 of Law ing after clause (d) the following o£ 1886’amend" (e) All moneys received which are not appropriated to any particular fund by virtue of any Law.

JAMAICA^LAW 13 OF 1898. trj-iqcro,

The Jv/ry Law, 1898. | 6th July, 1898.] HEREAS it is expedient to consolidate and amend the Preamble. W Law relating to Juries: Be it enacted by the Governor and Legislative Council of Jamaica, as follows :— PRELIMINARY. 1—This Law may be cited as “ The Jury Law, 1898.” short title-

2—This Law shall come into operation from the date of Commencement of the publication of the Governor’s assent thereto in the Ja- thls Law‘ maica Gazette.

3—The Laws specified in Schedule No. 1 hereto, are hereby Repeal of Laws, repealed, to the extent therein mentioned.

QUALIFICATION OF JURORS.

4—Every man, save as hereinafter disqualified or exempted Qualification of between the age of twenty-one years and sixty years, residing in any parish in Jamaica, who— (i.) Is in possession in the same parish of one or more holdings of land, the area of which, either singly or together, exceeds twenty acres; or (ii.) Is in possession in the same parish of any dwelling house, store, wharf, warehouse, office, or place of business of the value of Ten Pounds a year or up wards ; or (iii.) Is in the receipt of an annual salary of Fifty Pounds and upwards, shall he qualified and liable to serve on juries. 2 [Ch. 13.] The Jury Lous, 1898. Aliens. 5— Aliens who have been duly naturalized, or have been domiciled in this Island for five years or upwards, shall, if in other respects qualified, be qualified and liable to serve on Juries in the same manner as if they had been natural born subjects of Her Majesty; but save as aforesaid, no man, not being a natural born subject of Her Majesty, shall be qualified to serve on Juries.

Disqualification s. 6— No man who— (i.) cannot speak, read and write English; or (ii.) has been or shall be convicted of treason, felony, or any infamous crime, unless he has received a free pardon, shall be qualified to serve on Juries.

Exemptions* 7— The persons described in Schedule No. 2 hereto, shall be severally exempted as therein specified from being returned to serve, and from serving upon Juries, and their names shall not be inserted in the Jury Lists; but save as aforesaid, no man otherwise qualified, and not hereinbefore disqualified to serve on Juries, shall be exempt from serving thereon.

No person on Ju ry List entitled to be 8— No person whose name is in the Jury List as a Juror, excused. shall be entitled to be excused from attendance on the ground of any disqualification or exemption, other than illness, not claimed by him at or before ihe revision of the List as herein after provided.

M A K IN G UP OF JUBY LISTS. Making up of Jury Lists. 9— On or before the twenty-second day of June in each year, the Collector of Taxes of each parish shall prepare and forward to the Inspector or other Chief Officer of Police in the parish, according to the form given in Schedule No. 3 , a List in alphabetical order of the names of all persons who are shown by the records of his office to be:— (i.) In possession of one or more holdings of land in the parish, the area of which, either singly, or together, exceeds twenty acres; or The Jury Law, 1898. [Oh . 13.] 3 (ii.) In possession of any dwelling-house, store, wharf, warehouse, office, or place of business in the parish of the value of Ten Pounds a year or upwards ; or (iii.) In receipt of a salary at the rate of Fifty Pounds or upwards per annum.

10— Upon receipt of the List, the Inspector or other ChiefDaty of Inspector of Police. Officer of Police of each parish, shall forthwith cause the same to be printed, and copies thereof, when printed, to be for warded to every Justice of the Peace, and Rural Headman in the Parish.

11— The Justices of the Peace in every Parish shall holdHolding a of Special Petty Sessions for Special Petty Session on the last Thursday but two in August provisional settle in every year at the Court House at the Head Station thereof, m ent of J u ry Lists. for the purpose of provisionally settling the jury list; and at such session, it shall be the duty of the Inspector or other Chief Officer of Police to attend, and to produce then and there a copy of the list so printed as aforesaid, verified and cor rected as to the particulars therein contained, according to the best information which he has been able to obtain, and to answer upon oath such questions concerning the same as shall be put to him by the Justices then present.

12— It shall be lawful for the Justices at such Sessions :—Correction of Lists in Special Petty (i) to strike out of such list the names of all persons Sessions. shewn to their satisfaction to be not qualified, or not liable to serve on juries, or to be dead, or disabled by mental incapacity, deafness, blindness, or other permanent infirmity of body from serving on juries; (ii) to add to such list the name of any man in the parish, who, according to the best information they have, or are able to obtain, is possessed of any of the qualifications required by this Law, and liable to serve on a ju ry; (iii) to correct any errors or omissions, either in the names, or in the particulars required to be inserted in such list respecting any person. 4 [Oh. 13.] The Jury Law, 1898.

Allowance of list 13— The list, alter such omissions, additions and correc and notification thereof. tions have been made, shal I be allowed by the Justices present, or two of them, who shall sign the same with their allowance thereof, and deliver the same to the Inspector or other Chief Officer of Police; and such officer shall forthwith cause the list so delivered to him to be printed, and shall when printed, on or before the first day of September in every year, cause a copy thereof to be affixed to the outer door ot every Court House and Police Station, and, with the consent of the In cumbent, to the principal door of every Church, Chapel and other place of worship within his parish, having first sub joined to every such copy a notice stating that all objections to the list will be heard by the Justices of the Peace at the Court House at the Head Station of the parish on the last Thursday but two in September at eleven o’clock in the fore noon, to the end that notice may be given of men qualified, who are omitted, or of men inserted, who ought to be omitted from such list.

Special Petty Ses 14— The Justices of the Peace in every parish shall hold sions for final Settlement of List. a further Special Petty Session at the Court House at the Head Station thereof, on the last Thursday but two in Sep tember at eleven o'clock in the forenoon in every year, at which the Inspector or other Chief Officer of Police shall attend and produce the original list allowed by the Justices. At such Sessions the Justices shall hear and finally dispose of any objections that may be made to the list, and shall also select therefrom the names of such persons as in their judg ment are best fitted to serve as Special Jurors, (not less than fifty, and not more than one hundred in number), and cause to be written opposite every name so selected, the words “ Special Juror."

Final Settlement 16—After finally settling the jury list as aforesaid, the and transmission of Jury List to Justices present shall certify in writing that they have ex Supreme Court. amined it, and that the list is, to the best of their knowledge and belief a true and proper list of the Common and Special Jurors; and their decision as to the qualifications of the persons in the list shall, as respects that list be final. The list so The Jury Law, 1898. [Oh. 13.] certified shall then be delivered to the Inspector or other Chief Officer of Police, who shall forthwith transmit the same by registered letter to the 'Registrar of the Supreme Court, for preservation by him as part of the records of such Court, at the same time attesting on oath his receipt of the list from the Justices as aforesaid, and that no alteration has been made therein since his receipt thereof. 16— The persons whose names appear in the certified listPersons whose names appear on for each parish so transmitted to the Registrar ofthe Supreme list to be Special and Common Court shall, as regards those opposite to whose names the Juror for the words “Special Juror” are written, he the Special Jurors, and parish. as regards the remainder, be the common jurors qualified and liable to serve on the jury for such parish for the ensuing year, and until the formation of a new jury list.

1 7 — The Registrar of the Supreme Court shall on or beforeCopies to be re turned to Clerks the fifteenth day of October in every year, return true of Courts. copies of the said lists of Common Jurors and Special Jurors, to the Clerks of the Courts of the several parishes, and no alteration, addition, or omission shall be made by him, or by any other person, in such lists, or any of them, under a penalty not exceeding one hundred pounds, for every such alteration, addition, or omission.

IMPANNELLINQ- AND SUMMONING JURORS.

18— The Registrar of the Supreme Court shall, at least Registrar28 to strike panel of Jurors days before the sitting of each Circuit Court, strike and make and issue venire fa c ia s fo r each up a panel of jurors for such Circuit Court, and shall at least Circuit Court. 21 days before such Circuit, seal and issue to the Inspector General of Police, a writ of venire facias for each such Circuit Court, in the form in Schedule No. 4 hereto, containing the names of the Jurors forming the panel of Jurors for such Court.

19— The panel of Jurors to be struck and made by thePanel to consist* of 32 Jurors for each Registrar of the Supreme Court shall, in all cases contain parish. the names of thirty-two Jurors for each Circuit Court. Such Jurors shall, in each case be taken from the jury list for the parish for which the Court is held, but in the case of the [Ch. 13.] Z%e 6 Jury Law, 1898. Special provision Court held for the parishes of Kingston and St. Andrew, the for Kingston and St. Andrew. Jurors shall be taken indiscriminately from the jury lists of those parishes, and it shall not be necessary to take any par ticular number of Jurors from either one of such parishes.

Making up of 20 _in making panels of Jurors, the Registrar shall not panels so that jurors may be place any Juror on the panel a second time, until all the summoned equally. Jurors have been placed once on the panel, and the Registrar shall make up the panels so that all Jurors shall be sum moned equally: provided nevertheless, that it shall and may be lawful for any Judge of the Supreme Court, sitting in a Circuit Court, to exempt the Jurors serving on any particular occasion, from being placed on the list of Jurors for such time as he shall think fit.

Service of venire 21 _Upon receipt of the venire facia*, the Inspector General fa c ia s. of Police shall cause to be served on each of the Jurors whose names are contained in the panel annexed thereto, six days at least before the day on which he is required to attend, a Summons in the form provided in Schedule No. 5. All such Summonses shall be served personally on the per sons to be summoned, and service thereof may be proved by the Affidavit or joint Affidavit, of the person or persons serving the same. Inspec tor General 22 _The Inspector General of Police shall, before the of Police to send panel to Clerk of meeting of each Circuit Court, send the venire facia*, with the Court. the panel annexed for such Circuit Court, to the Clerk there of, and each venire facia*, with the panel annexed, shall im mediately after the determination of each Circuit Court be returned by the Clerk, together with all other records, to the Registrar of the Supreme Court. SPECIAL PROVISIONS RELATING TO 8PECIAL JURIES. Judge may order 23— Upon the application of either party to any civil case Special Jury. wherein issue in fact shall have been joined, any Judge of the Supreme Court may order a Special Jury.

Appointment of 24— The Registrar of the Supreme Court, on application time and service of notice of striking made to him for that purpose, shall appoint a time for the Special Jury. striking of the Special Jury before him, and a copy of the The Jury Law, 1898. [Ch. 13.] 7 Judge’s order, together with a notice of the appointment, shall be served by the applicant on the opposite party, two clear days before the day named for striking the Special Jury; and the Registrar shall on application furnish to either party the names of twenty-one persons named as Special Jurors. At the time appointed the Registrar shall, in presence of s P0oial the parties, strike out a name from the names of the twenty- one persons aforesaid, as the same may be alternately objected to by the parties, beginning with the applicant, until the number is reduced to eleven ; provided that if the applicant for the Special Jury only shall attend on the appointment, the Registrar shall, upon being satisfied that a copy of the Judge’s order and notice of the appointment has been served on the absent party, act for such absent party in reducing the names of the twenty-one persons as aforesaid to eleven. The eleven persons so selected shall be the panel of Special Jurors for the trial of the case at the then ensuing Circuit Court. 25— Immediately after the striking of the Special Jury, the Registrar to issue Registrar shall issue and deliver to the Inspector General of Police, a special writ of venire facias, containing the names of the eleven persons so selected as aforesaid, and upon receipt thereof the Inspector General of Police shall cause the Jurors named therein to be summoned, and make return thereof in the same manner as in the case of Common Jurors.

26— Whenever the case for which the Special Jury hasNew order to strike Special J u ry been struck or summoned as aforesaid, shall not be tried at unnecessary for the Court for which such Special Jury was so struck or sum reraanet. moned, it shall not be necessary to obtain a new order for striking another, but the same may be struck and a writ of venire facias issued, as often as may be necessary on the origi nal order.

27— If the party obtaining an order fails to strike theWhen Special J u ry not struck or sum Special Jury, or having struck the same, if the writ of venire moned, case to be heard before com facias from any cause fails to be executed, then the trial may mon J ury be had before a Common Jury at the instance of either party, on such terms as the Judge shall deem just. 8 [Ch. 13.] The Jury Law, 1898. When Special 28—When a person is summoned as a Special Jnror at any Jnror not to serve on Common Jury. Court, he shall not be summoned, or liable to serve as a Com mon Juror at the same Court; but save as aforesaid, no Special Juror shall be exempt from serving as a Common Juror.

NUMBER OP JURY.

Number of Jary 29— In all cases of treason and capital felony, the Jury in Criminal cases. shall consist of twelve persons, and in all cases of felony, not capital, and of misdemeanours the Jury shall consist of seven; but the verdict in all criminal cases shall be unanimous.

Number of Jarors 30— In all civil cases the Jury, whether Special or Common, in Civil esses. 6hall consist of seven persons, and the verdict shall be that of five Jurors at the least.

CHALLENGES. Peremptory chal 31— No peremptory challenge shall be allowed except: lenges in Criminal cases. (i) in cases of treason and capital felony, in which the accused shall be entitled to challenge peremptorily any number of Jurors not exceeding twelve; and (ii) in cases of felony not capital, in which the accused shall be entitled to challenge peremptorily any number >of Jurors not exceeding seven.

PAYMENT OF JURORS. Payment of Jurors 32— In a civil trial, each person who shall serve as a Jury in Civil cases. man shall be allowed for each day or part of a day that such trial lasts, the sum of 10s. 6 d., if he serve as a Special Juror, and i s. if he serve as a Common Juror.

Method of pay ment. 83—In all civil cases, whether the Jury summoned is a Common or Special Jury, the payments allowed as aforesaid, shall be provided by the party on whose application the Jury has been obtained, and paid to the Clerk of the Court on each day before the case proceeds, and shall be paid by him to each Juror on the last day, for which his attendance is required. The Jury Law, 1898. [Oh. 13.] 9 In all civil cases, tlie amount so paid shall be costs in the Cost of Special Jury. cause; provided, that in cases where a Special Jury has been summoned, unless the Judge before whom the case is tried, after the trial certifies in open Court under his hand upon the back of the record, that the case was a proper one to he tried by a Special Jury, costs as for a Common Jury only shall he allowed. FINES AND JURORS. 34— If any person having been duly summoned to attendFines. on a Jury at any sitting of the Courts of this Island does not attend in pursuance of such Summons, or having been called thrice, does not- answer to his name, or if any such person, after having been called is present but does not appear, or after his appearance refuses to serve or to be sworn, or wil fully withdraws himself from the presence of the Court without leave of the Court and without reasonable excuse, it shall be lawful for the Court to impose upon him such fine, not exceeding ten pounds, as to the Court may seem fit.

35— No Juror shall be liable to any penalty for non-attendJuror not liable to penalty unless ance on a Jury, unless the Summons requiring him to at served 6 days be tend be duly served six days at least before the day on which fore Court. he is required to attend, but no longer period than six days shall in any case be required between the service and such last mentioned day.

36— Whenever any fine is imposed upon any person Procedure for on in non-attendance as a Juror to a Summons in that behalf, it fliction of fine. shall not be lawful to estreat the fine until after the expira tion of fourteen days, and, in the meantime, the proper Offi cer of the Court by which the fine was imposed, shall forth with by letter inform the said person of the imposition of the fine, and require him within ten days after the date of such letter, to forward him an Affidavit of the cause, if any, of his non-attendance : and such Officer shall, upon the receipt of any such Affidavit, submit the same to the said Court, or the Judge, or Magistrate who presided at the time when the fine was imposed, and the Court, Judge, or Magistrate shall have power to remit the fine. 1 0 [Cn. 13.] The Jury Law, 1898. Recovery of penal 37_All penalties imposed under this Law shall be recovered ties. in a summary manner in the Resident Magistrate’s Court in the Parish in which the offence was committed, and such penalties, when recovered, shall be paid to the Collector of Taxes, to be by him paid over to the Treasurer of the Island for the use of the Public of this Island.

MISCELLANEOUS.

Tales. 3 8 — Whenever it happens that the requisite number of Jurors do not appear, or do not remain as fair and indifferent after all just challenges allowed, then it shall be lawful for the Court to add to the Jury so many of the bystanders, not exempted by Law from serving on Juries, as shall be suffi cient to make up the full number thereof: provided that in the case of a Special Jury, the persons so added shall be such as have been impannelled upon the Common Jury Panel to serve in the same Court, if a sufficient number of such per sons can he found. The persons so added to the Jury shall serve under pain of the same penalty, be entitled to the same payments, except as regards travelling expenses, and be sub ject to the same challenges as if they had been returned upon the general or special panel.

Refreshment for 39— (i) It shall be lawful for the Court in all coses, in its J n ro n . discretion, to allow the Jurors, at any time before giving their verdict, to procure and have reasonable refreshment, such refreshment to be procured at their own expense, unless the Court orders other wise; (ii) Where any order has been made by the Court under this Section, the cost of any refreshment supplied thereunder shall be paid by the Officer charged with the payment of witnesses' expenses, and shall be charged against moneys voted for the payment of such expenses.

Keeping Jury 40— Whenever, pending the trial of any Criminal Case, it doring adjourn ment. becomes necessary for the Court to adjourn, the Court may, if it thinks fit, direct that during the adjournment the Jury The Jury Law, 1898. [Oh . 13.] 11 shall be kept together and proper provision made for pre- ' venting the Jurors from holding communication with any one on the subject of the trial. Such direction shall he given in all cases in which the accused might npon conviction he sentenced to death. In other cases, if no such direction is given, the Jury shall be permitted to separate.

4 1 — This Law shall not extend to proceedings for forcible Exemptions from • gM r H . ;•••• this Law. entry or detainer, otherwise than by indictment, or to the execution of writs of extent, emblements, partition, or escheat, nor to Coroners’ inquisitions.

42— No challenge to the array shall be allowed, nor shall Challenge to the the array be quashed, nor shall any judgment after verdict * 7’ (upon any indictment or information for any felony or mis demeanour) he stayed or reversed by reason of the neglect or default of any Officer to do or perform any of the forego ing acts or requirements in relation to the preparation of the Jury Lists, or in the making of the Jury Panels aforesaid.

4 3 — Every trial before a Jury prior to the first December, Trials prior to 1st 1 8 9 8 , shall he held and shall take place as if this Law had ’ not been passed.

4 4 — On the trial of any criminal or civil case, in any Circuit Ballot for Jury in Court, the Jury to he impanelled for the trial shall he ballotted for by the Registrar, or Clerk, or any other Officer of the Court, subject to all rights of challenge.

45—Section 6 of Law 23 of 1888, (The Coroners Inquests Coroner's inquests.Mts, / / tr p tf C T V Regulation Law, 1888) shall he, and the same is hereby Law 23 °f 1888 amended, by providing that Coroners Inquests shall be taken and held before a Jury of not less than seven, and not more than thirteen persons, of whom seven at least must concur to give a verdict. 12 [Ch. 13.] The Jury Law , 1898.

Schedule I. SCHEDULB No. 1.

No. of Law Repealed. Extent of Repeal.

Law 48 of 1869 The whole Law.

Law 32 of 1881 The whole Law.

Law 16 of 1886 ... The whole Law.

Law 43 of 1887 Seotions 164 and in S. 163* •The words "as herein after men tioned.” Law 24 of 1888 The whole Law.

Law 22 of 1896 The whole Law.

Law 12 of 1896 The whole Law.

Law 36 of 1897 The whole Law.

Schedule II. SCHEDULE No. 2. L ist op P ersons exempt prom serving on J uries. Members of Her Majesty's Privy and Legislative Councils. Judges of the Supreme Court, and Resident Magistrates. Custodes of Parishes. Officers holding appointments and receiving salaries in the Public Ser vice of Jamaica, and actually exercising the duties of their respective offices. Officers of the Army and Navy on full pay. Barristers, Advocates, Solicitors and Prootors in actual practice. Ministers of religion, following no secular occupation. Medical Practitioners in actual practioe. Clerks of Parochial Boards. Schoolmasters. Masters or Captains of Vessels actually serving as such. Pilots legally appointed and actually serving as such. Light House Keepers. Wharfingers within the meaning of 8eotion 2 of Law 15 of 1895, sub ject to the following conditions— (a) That the exemption extends to one person only in respect of each public wharf; and (b) That the person claiming the exemption shall claim the same by notice in writing under his hand addressed to the Clerk of the Courts of the parish in whioh the publio wharf is situated, aod delivered to him on or before the 1st day of August in each year. The Jury Law, 1898. [Ch. 13.] m SCHEDULE No. 3. Schedule III.

Form of List to be forwarded by Collector of T axes to the I nspec tor of P olice under Section 9 hereof. Parish of

Surname—Christian Title, Quality, Name. N ature of Address. Calling or Busi Remarks. (at length.) Qualification. ness.

Adam, John Henry P o rt M arla Planter Landholder

Brown, Alfred Highgate Shopkeeper Householder

Cobb, William Castleton Clerk Salary

Dated this day of June, 18 •

(Signed.)

Colleotor of Taxes for the Parish of

SCHEDULE No. 4. Schedule IV*

F orm of W rit of V enire F acias.

Jamaica ss. Victoria, by the Grace of God of the United Kingdom of Great Bri tain and Ireland, Queen, and of Jamaica, Supreme Lady, Defender of the Faith, &c., &c.

To the Inspector General of Police Greeting: We command you that you cause to come before us, at our Circuit Court to be holden at in and for {here insert the Parish or Parishes as the case may be, fo r which the •particular Circuit C o u rt is to be holden) on the day of next, between the hours of nine and ten in the forenoon of the same day good and lawful men, who shall come from (the said Pa rish or Parishes as the case may be), who as jurors shall do and execute all such things and try all such issues as shall be then and there given them in charge and enjoined on them in our behalf, and who then and 14 [Ch. 13.] The Jury Law, 1898. there shall try all such issues os shall be given them in charge between party and party, and shall assess all auoh damages as shall be brought before them for assessment, and also enquire of and concerning the seve ral matters mentioned in our writs of enquiry concerning lands pro ceeded against for non-payment of quit rents and land tax, and that you or your sufficient deputies, be then and there present to do and execute all such things as shall be thought necessary for our servioe, and have you then and there this writ, and the return thereto, and the names of the Jurors, and fail not at your periL

P anel of J urors.

W itn ess Chief Justice of the said Island and Chief

Judge of the Supreme Court of Judicature at the

day of 18 in th e year

of Our reign.

SCHEDULE No. 5.

F orm o r Summons to J uror.

Jamaica ss.

P arish of

To [Acts stale hit qualification}

You are hereby required to be and appear at Her Majesty’s next Cir cuit Court in ana for the Parish of to he holden at the Court House at on th e day of ensuing at 10 o'olock in the forenoon, there to serve as a [Common or fifpsoiaf] Juror, and not to depart without leave of the Court, or in due course of Law. Hereof fail not at your peril

If you make default in attendance in pursuance to this summons with out some reasonable excuse, you will render yourself liable to a fine of £ 10.

Dated this day of 18

(Signed.)

Inspector of Police for the Parish of The Jury Law, 1898. [Ch . 13.] 15

F orm op Sworn R eturn op Service of J urors for the Circuit Court to be H olden at on the day or 18

Name of Descrip D ate of Address. By whom No. Jurors. tion. Service. Served. Remarks.

(to 32 o r 11 as

the case may be).

Jamaica S9. Parish of We respectively of the Parish of Constables of the Jamaica Con stabulary Force, being duly sworn, make oath and say, that the above- named jurors were respectively served by as set opposite to our names. Sworn to before me «t this day of 189 (Signed) Justice for the Peace Parish of

JAMAICA—LAW 14 OF 1898.

A Law to amend The Legacy Duty Law, 1879. [24th May, 1898.] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows 1—Schedule A to the Legacy Duty Law, 1879, is hereby Legacy Duty Law 1879, amended. repealed, and in lieu thereof the following is substituted : SCHEDULE A. Schedule A.

T h e D u t ie s o n L e g a c ie s . To children of the deceased and their descendants, or to the father or mother or to any lineal an cestor of the deceased, or to the husbands or wives of any such person ... £1 per cent. To brothers and sisters of the deceased and their decendants, or to the husbands or wives of any such persons ... £3 do. To brothers and sisters of the father or mother of the deceased and their descendants, or to the husbands or wives of any such persons £5 do. To brothers and sisters of a grandfather or grand mother of the deceased and their decendants, or to the husbands or wives of any such per sons ...... £7 do. To any person of any other degree of collateral consanguinity, or to strangers in blood to the deceased ...... £10 do.

E x e m p t io n s . Legacies to or for the benefit of the husband or wife of the deceased. Legacies of the amount of Twenty Pounds and under.

JAMAICA—LAW 15 OF 1898.

The Kingston General Commissioners Extended Powers Law, 1898. \29th April, 1898.] E it enacted by the Governor and Legislative Council of Preamble* B Jamaica, as fo llo w s— 1—In addition to the powers and authorities already con Power to frame Bye-Laws for cer ferred hy Law upon the Kingston General Commissioners, tain purposes rela tive to sources or it shall he lawful for them from time to time, in manner and courses of Water subject to confirmation as in Sections 14 and 15 of Law 6 of supply. 1867 prescribed, to make, publish, and in their discretion to revoke, alter, amend, or repeal Bye-laws with respect to or for all or any of the purposes or objects following, that is to say:— (a.) For prohibiting and preventing the deposit, and for requiring, regulating, or compelling the removal of all dust, ashes, rubbish, filth, manure, dung and soil, rank vegetation, or decaying or offensive ani mal or vegetable matters, from any lands or pre mises within one mile from the source or course, or of any of the sources or courses of any water supply, now or hereafter to be used or held or ac quired by the said Kingston General Commissioners, whether such lands or premises be situate wholly or partly in the Parish of Kingston, or wholly or part ly in any other parish or parishes in this island, (b.) For requiring, regulating and compelling the cleans ing and emptying of water-closets, privies, vaults, or cesspools on any lands or premises aforesaid. (o.) For regulating or prohibiting the bathing of per- [Oh. 16.] sons, the washing of clothes or animals, the cleans ing of vehicles or utensils, at or in any rivers or streams, or springs, or parts thereof, running through or being in any such land or premises aforesaid and contributing to any public water supply. (d.) To prevent the putting of any dirt, or offensive or decaying or deleterious matter into any such rivers, streams, springs, or parts thereof. (e.) To prevent the doing of anything tending to the pollution of the same.

Enforcement of 2—All the provisions of Law 6 of 1867 with respect to Bye-Law*. Bye-laws made under Sections 11 and 16 of that Law, and all the provisions as to enforcing the same, and as to penal ties for breach of the same, shall apply to Bye-laws made by the Kingston General Commissioners under this Law, in the same way as if such Bye-laws bad been made by any Local Board of Health under Sections 11 and 15 of the said Law.

Recovery of fines 8—All fines and penalties imposed by the said Law, 6 of and penalties. 1867, and by any Bye-laws to be made and published by the Kingston General Commissioners under the authority of this Law, where no other special provision is made for the re covery thereof, shall be recovered in a summary manner upon the information or complaint of any Police Officer, or constable, or of any other person in the employment of, or appointed or authorized by the Managing Commissioner or the Secretary to the Kingston General Commissioners, be fore any Resident Magistrate's Court or Court of Petty Session for the parish where the offence was committed, and in de fault of immediate payment, by imprisonment, with or with out hard labour, for any period not exceeding 21 days, unless the same be sooner paid. JAMAICA—LAW 16 OF 1898, trflP vK

The Direct West India Cable Company’s Law, 1898. \_3rd June, 1898.~\ HEEEAS a Company has been incorporated in England Preamble. by thename of “The Direct West India Cable Company, Limited”, for the purpose of connecting by means of tele graph wires and cables the Island of Bermuda with Jamaica, and desires to establish an office in the City of Kingston, in this Island: And whereas the said Company has agreed to certain con ditions as to the charges for messages, and the supply without charge, of daily bulletins of news and market reports: And whereas in consideration of the fulfilment by the said Company of such conditions, the Government of Jamaica is willing to grant to the said Company an annual subsidy of Two Thousand Pounds sterling : Be it enacted by the Governor and Legislative Council of Jamaica, as follows:—

1—In this Law the expression “ the Company” means “ The Definitions. Direct West India Cable Company, Limited”. The word “ vessel” means any steamer, or other vessel, or boat; and the word “ master” means the master, officer, or other person for the time being in charge or command of such vessel; the word “ Governor” means the officer for the time being lawfully administering the Government of Ja maica ; the word “ Judge” means any Judge of the Su- 2 [Oh . 16.] The Direct [Feat India Cable Company'a Law, 1898. preme Court of Jamaica; and the words “ Resident Magis trate” mean any Resident Magistrate acting as such in his District in Jamaica. The expression “ the Road Authority” means, in respect of a Mam Road, the Director of Public Works, and, in respect of any Parochial Road, the Parochial Board of the Parish in which such road is situated.

Company to have 2— The Company shall at all times have an office in King Offioe and Agent in Kingston. ston, on which the name of the Company shall be conspi cuously posted; and shall keep the Colonial Secretary, the Postmaster for Jamaica and the Director of Public Works informed of the location of such office and of any intended change thereof. The Company shall at all times have an Agent resident in Jamaica, whose address shall be the Company's office above- mentioned.

Authority to lay 3— The Company is hereby authorised, with the sanction and maintain sub marine Cables. of the Governor in Privy Council first obtained, to lay and maintain a submarine cable (or cables) in the bed of the sea on the foreshore within this Island and the waters of the sea surrounding the same within the jurisdiction of Her Ma jesty the Queen, and to continue their lines of telegraphic communication to their office in Kingston under, over or across any public lands, the consent of the Governor in Privy Council having been first obtained, and under, over, or across any lands other than publio lands, the consent of the pro prietor or proprietors thereof haring been first obtained. Before any additional cable or cables shall be landed in Ja maica the consent of the Governor in Privy Council must be first obtained.

Authority to erect and maintain 4— For the purposes of the next preceding Section, the Eleetrio Telegraph. Company is hereby authorised to erect and maintain a line or lines of electric telegraph upon the public roads and streets between the shore end or ends of the above-mentioned submarine cable or cables and the above-mentioned office in Kingston, subject to such conditions as to the location of the necessary supports, wires, pipes and other apparatus as the Road authority shall prescribe. The Direct West India Cable Company’s Law, 1898. [Ch. 16.] 3 Provided, that anything done by the Company prior to the passing of this Law, which if this Law had been passed, would have been authorised, the same is hereby declared to be valid and authorised. 5 _The Company shall construct, and at all times maintain The Company to construct and in good order and condition, all lines of electric telegraph maintain lines in good order. erected by them on any public lands, and every part thereof, to the satisfaction of the respective Road authority; failing which the Road authority may, after giving seven days notice to the Company, or in case of emergency without any notice, employ workmen and supply materials to make good any defects, and may recover the cost thereof from the Com pany. 6 —The Company shall indemnify the Road authority from The Company to indemnify Boad all liability to third parties for any loss or injury sustained authority. by reason of any improper or defective condition of any elec tric telegraph erected by them on any public road, or of any part thereof.

7— The Company is for the like purposes authorised Power to to ereot lines upon, over,, erect and maintain a line or lines of electric telegraph upon, under or across over, under, or across any lands lying between the shore end lands. of the above mentioned submarine cable, and the above men tioned office, after having first obtained the consent in writing of the proprietor and all persons interested in such lands.

8— For the purposes of the next preceding Section, theIncorporation of Land Clauses Law* establishment and efficient working of the above-mentioned 1872. submarine cable or cables, and of the line or lines of electric telegraph connected therewith, the Lands Clauses Law, 1872, is hereby incorporated with this Law, except Sections 84 and 88. The expression “ the promoter” in the said Lands Clauses Law, 1872, shall for the purposes of this Law mean the agent in Jamaica for the time being of the Direct West India Cable Company, Limited, and in like manner, the expressions “ the undertaking” and -- the works,” shall mean the submarine cables, the electric telegraphs, and the works connected there with authorised by this Law. 4 [Ch . 16.] The Direct West India Cable Company’s Law, 1898. Penalties for 9 —Any person who shall remove, disturb, cut, break, offences against the Company. destroy, or damage any cable, warp, rope, mooring, buoy, float, post, support, wire, apparatus, plant, machinery, fitting, or contrivance connected with, or pertaining to the said tele graph, or forming a part of it, or used with it, either on the line itself or elsewhere, and either while the same is in course of construction or afterwards, shall be liable on conviction before any Resident Magistrate, or any two Justices of the Peace, to pay to the Company such sum of money as such Resident Magistrate or Justices shall award as compensation for the injury done, and if such Resident Magistrate or Jus tices shall find and determine that the act complained of was wilful or malicious, be or they may adjudge the person convicted to forfeit and pay over and above any such com pensation, a penalty of not exceeding ten pounds, and in de fault of payment of such compensation or penalty within such time as such Resident Magistrate or Justices shall ad judge, the person convicted shall be liable to be imprisoned, with or without hard labour, as the Resident Magistrate or Justices shall adjudge, for any term not exceeding six calen dar months, unless the damages, penalty and costs be sooner paid; and any person who shall in any way impede or inter fere with the working of any such telegraph, shall be liable to be proceeded against and dealt with in the like manner, and to pay the like penalty, or in default to suffer the like imprisonment, with or without hard labour, as last before mentioned; and the Resident Magistrate or Justices before whom any offence against this Law shall be prosecuted shall proceed in the same manner; and there shall be the like right of appeal as is provided by law in the case of summary convictions, and in all cases of conviction shall be liable to pay full costs of suit to be taxed and allowed by the convict ing Magistrate or Justices; and should any such complaint be dismissed, it shall be competent to the Resident Magistrate or J ustices to order costs to be paid by the complainant: Pro vided, that nothing in this Law contained shall be construed to prevent the Company prosecuting any offender under any law of Jamaica providing for the punishment of offences The Direct West India Gable Company's Law, 1898. [Oh . 16.] 5 against property ; and it shall be lawful for the Company to proceed under any such law if it shall see fit so to do: Pro vided, that no person prosecuted either under the said law, or under this Law, shall be liable to be prosecuted twice for the same offence: Provided also, that this Section shall not apply- in the case of any damage done by the owner of any land to any post, support, wire, or other apparatus connected with the said telegraph, which shall have been placed or fixed, or shall be in course of being placed or fixed on or over such land without lawful authority.

10— The Company shall have power to purchase and hold Power to purchase ^ .. , < ! , , HMHHj , and hold lands, by its corporate name, in perpetuity or otherwise, any real and to sue and be estate in this Island which may be required for the purposes corporats of this Law, and from time to time to sell convey, demise, or lease the same, and also to sue and he sued in its said cor porate name.

11— All persons shall be entitled to transmit messages by Transmission of any telegraph wire established by the Company without me33ag6s- favour or preference, upon payment of the ordinary charges of the Company : Provided that all Government messages, whether Imperial or Colonial, shall be transmitted by such telegraph line in priority to all other messages, at rates not exceeding one half of those charged to the general public.

12— Nothing in this Law contained shall be construed to Restrictions as to authorise the Company to enter, or trespass on any land vested certaiTaovem- in the Colonial Secretary, other than any public road, with- ment land8‘ out the previous sanction of the Governor in Privy Council, or on any land vested in or held by I[er Majesty’s Principal Secretary of State for War, without the previous sanction of the Secretary of State, or the proper officer of the War De partment in this Island, or on any land vested in or held by the Lords Commissioners of the Admiralty, without the pre vious sanction of the Admiralty, or the proper officer of Her Majesty’s Navy in this Island, or to take, or acquire any such land as aforesaid, or any easement over or through the same, otherwise than by the consent of, or under agreement with e [Oh. 16.] The Direct West India Cable Company's Law, 1898. the Colonial Government, the War Office, or the Admiralty, as the case may he. Privilege to vessel 13—Whenever any vessel employed by the Company shall engaged in tele graph service to do arrive at this Island for the purpose of, or engaged in laying, certain things without entering landing, repairing, removing, or renewing any telegraphic at the customs, subjoct to certain cable, the laying of which shall have been sanctioned by the conditions. Governor in Privy Council, or in the performance of any necessary work in or about, or in connection with, such service, and from the nature of the service or other circum stances, it shall be impracticable to delay the work until due entry of the vessel and cargo shall have been made, and permits granted therefor, in the manner required by the Customs Consolidation Law, 1877, it shall he lawful for the master of such vessel at any time, by day or by night, before making entry of his vessel or cargo in the manner required by the said law, to pay out, discharge, lay and land such cable, and to perform any act, and to do anything necessary for such pur pose, or for taking up, repairing, renewing, removing, secur ing, or relaying any such cable, or for landing and securing the same on shore; and it shall be the duty of every master of a vessel who shall avail himself of the facilities granted by this Law, as soon as practicable after his arrival in this Island, and in the event of its being impracticable to enter his vessel and cargo before laying, discharging, landing, renewing, re pairing, removing, or replacing any such cable, as soon as practicable after the performance of such service, to make due entry of his vessel and her cargo in the manner prescribed by the said law, together with a declaration of the quantity and particulars of any cable or other things discharged or landed from his vessel before entry made thereof, and to fur nish any further information concerning the same, in writing, if so required, and verified by the oath or affirmation of such master, if required, which the Collector of Customs shall re quire of him, and also to pay all duties, if any, payable in respect of the same within seventy-two hours at the most after his arrivaHn this Island, and every mnsterjof such vessel who shall make default in the performance'of any duty im posed on him by this Law, shall forfeit a sum not exceeding The Direct West India Cable Company’s Law, 1898. [C h. 16.] 7 one hundred pounds : Provided, that the privileges granted by this Law shall apply only to vessels employed by the Com pany while actually engaged in the performance of any of the services enumerated in this Section. And provided also, that the earliest practicable notice shall be given to the Col lector of Customs of any intention to make use of the privi leges given by this Section.

14—All vessels employed by the said Company arriving at Light Dues, this Island for the purposes of any survey, connected with the laying of any telegraph cable, and all vessels employed by the said Company arriving at this Island for the purpose of lay ing, landing, repairing, removing, or renewing any such tele graphic cable, or for any other necessary work or service in connection therewith, shall, when exclusively engaged on any such service, be exempted from liability to light-house dues under any Law of this Island.

1 6 — If the said Company shall at any time have a vessel at Pilots. Jamaica for the purpose of laying, repairing, removing, or re newing any cable of the Company, or for any other purpose con nected therewith, such vessel shall not when leaving the said Island for any purpose, or when returning thereto after any such service, be required to take a pilot, nor shall the master of such vessel be liable to any penalty or forfeiture under the Pilot Laws of this Island.

16_All plant, machinery, apparatus, appliances and mate- import Duty. rials imported into this Island by the Company in connec tion with the construction, maintenance, or working of the telegraph lines, shall be admitted free of Import Duty.

17— The Treasurer of Jamaica shall pay, during the term Subsidy of five years from the first day of April, 1898, to the Company an annual subsidy or yearly sum of Two Thousand Pounds; subject nevertheless to the terms and conditions herein ap pearing, and such said annual subsidy or yearly sum shall be paid by quarterly payments, the first payment thereof to be made at the expiration of three calendar months from the first day of April, 1898. 8 [Oh. 16.] The Direct West India Cable Company's Law, 1898. Interruption of 18— If during the three months preceding any quarterly good working order of telegraph payment of the said annual subsidy or yearly sum, such tele line. graph line has been maintained in good working order and condition, and a continuous service has (during such period of three months) been maintained between Bermuda, Turks Island and Jamaica, and all condit ions faithfully observed, a full quarterly payment of the said subsidy or yearly sum, shall be made: Provided always, that if at any time such an inter ruption in the good working order of such telegraph line takes place, and such telegraph line shall be restored to working order within three months from the date of such interruption, a full quarter’s subsidy shall be payable in respect of such aforesaid period. If such telegraph line he not restored to such working order within three months, but be restored within six months from such interruption, a full quarter’s subsidy, but no more, shall be payable in respect of the period from such interruption to such restoration to working order.

Supply of Daily 19— The Company shall supply to such persons, and in Bulletin*, and rates of charges. such manner as the Colonial Secretary may from time to time require, daily bulletins containing the latest news interesting to the colony of Jamaica, and the Market Re ports to consist of not less than four hundred words, transmitted over the cable. The rate to the general public between the United Kingdom and Jamaica shall not exceed three shillings per word. Gable or materials 20— If in the opinion of the Governor any cable or ma injurious to navi gation or public terials placed on the foreshore or bed of the sea, without the interests. consent and approval required by this Law, is injurious to navigation, or to the public interest, it shall be lawful for the Governor to require or canse such cablo or materials to be removed. The expense of such removal, as also the expense of restoring the said foreshore and bed of the sea to the for mer and proper condition thereof, shall be recoverable from the Company.

Expiration of 21— At the end of the period for which the rights under period for which rights granted. this Law have been granted, unless the same shall be further extended by the Governor in Privy Council upon conditions The Direct West India Cable Company's Late, 1898. [Ch. 16.] 9 then to be agreed upon between the Governor and the Com pany, the Company on being requested in writing under the hand of the Colonial Secretary, shall forthwith remove the telegraph cable, wires and all pipes, tubes, or other materials and apparatus which shall be laid down by the Company under the authority of this Law, and shall restore the site thereof to the satisfaction of the Governor, and if not re moved within three months after the above-mentioned re quest, the Governor may cause the same to be removed and the site restored, and the cost of such removal and restora tion shall be borne by the Company. 22— The Company shall not assign its rights under thisAssignment of rights nnder this Law without the previous consent in writing of the Gover Law. nor in Privy Council.

23— The rights given under this Law shall be limited Limitation to of twenty years, or the period for which the subsidy in England period of rights. as well as in this Island is paid. 2-t—In case of war, rebellion, or other emergency, the Go War, rebellion, or other emergency. vernment may take possession of the line and of the stations, offices and apparatus on each telegraph line, may keep pos session thereof for so long as the Governor may think requi site, and may, while such line is in possession of the Govern ment, work the same by Government servants. The Go vernor shall out of the General Revenue of the Colony make to the Company such compensation in money for all loss suffered by the Company by the exercise of the powers by this Section conferred, other than loss calculated on the basis of an assumed increase of receipts while such telegraph line remains in the hands of the Government, as shall be admitted, or determined in case of dispute by arbitration to be rea sonable in that behalf. 25 —Nothing in this Law contained shall be construed to Crown rights and perogatives. diminish or prejudice the rights or prerogatives of Her Ma jesty, her heirs or successors.

JAMAICA-LAW 17 OF 1898. 2-7

A Law to amend The Marine Board Laws, 1896 and 1897. \6th July, 1898.] E it enacted by the Governor and Legislative Council of preamble. B Jamaica, as follows:— 1—This Law, together with Laws 17 of 1896 and 17 of incorporation of 1897, shall be construed and read together as one Law, and may be cited “ as The Marine Board Laws, 1896-98”, and Law 17 of 1896 is hereinafter referred to as the “ principal law.”

2—In the. principal law the following verbal amendments Verbal amend- shall be made in the several sections respectively hereinafter of 1896. mentioned, that is to say : (a.) In Section 14 line 4, instead of the word master” substitute 1 muster.” (b) In Section 17, Sub-section 8, line 3, omit the word “ upon.” (e.) In Section 30 (c), line 4, instead of the words “ The Board of Trade” substitute “ The Marine Board.” (d.) In Section 50, line 2, omit the word “ incapable.”

3—-In Law 17 of .1897, the following amendments shall be Amendments of made in the several sections respectively hereinafter men- aw 17 o{ 1897' tioned, that is to say : a. In Section 6 (a), instead of “ complaints” substitute “ complaint.” b. In Section 20, Sub-section 1 (a), the words “ In which term shall be included the Marine Board” and the words “ or by a Naval Court constituted under The Imperial Act 57 and 58 Vic. chap 67,” are hereby repealed. 2 [On. 17.] The Marine Board Laws, 1898. e. Sub-section 1 (c), of Seotion 20 is hereby repealed. Power to prescribe 4— The Marine Board when granting a certificate to any m in im u m number of men to navigate vessel, may prescribe the minimum number of men necessary ▼easel. to navigate such vessel with safety, and may make an entry to that effect upon such certificate. If any master or person in charge of such vessel shall thereafter take such vessel to sea, or if the owner shall thereafter send such vessel, or knowingly permit her to be taken to sea, with less than the prescribed number of men to navigate her, they shall respec tively be guilty of an offence against this Law.

Power to refuse 5— When under the Marine Board Laws a British ship is clearonco to ships. forbidden to proceed to sea under penalties for so doing, the Collector, or other proper Officer of Customs, may refuse to grant n clearance to such ship, and he shall refuse to grant a clearance tosuch ship, when so requested by the Mariue Board.

Acquisition of 6 — Whenever any person shall become the owner of any ownership or in terest in ship re ship registered in this island, or shall acquire auy interest gistered in Jamai ca to be notified therein, and whenever there shall be any change in the to Secretary of Marine Board. ownership of any such ship, the person so becoming the owner of, or acquiring an interest in such ship, and the per son parting with such ship, or any interest therein, shall forthwith give notice iD writing to the Secretary of the Marine Board of such change of ownership, and of the in terest acquired and parted with respectively. If the persons required to give such notice fail to do so, and are unable to give an excuse for such failure, which is satisfactory to the Marine Board, they shall be guilty of an offence against this Law.

Recovery of dues. 7— Whenever anything is due by any person to the Marine Board, whether for fees, expenses of survey, or otherwise, and whether under any provision of the Marine Board Laws, or under any arrangement or undertaking, it shall be recovera ble before the Resident Magistrate for Kingston, at the in stance of the Secretary of the Marine Board, and when the amount is due in respect of any ship it shall be a charge upon such ship. The Marine Board Laws, 1898. [Ch. 17.1 3 ' 8—Whenever the Marine Board grants a certificate of com President of Ma rine Board, to petency to any person to take pilotage charge of vessels, in grant Pilots’ Li stead of transmitting such certificate to the Governor, in censes. order that he may grant a pilot’s license thereon, as hereto fore, it shall he lawful for the President of the Marine Board to grant such license, and such license shall he signed hy him, and shall he in such form as the Marine Board shall pre scribe.

9— Save and except where the power to frame rules is givenMarine Board may to the Governor in Privy Council, the Marine Board may frame rules. frame rules for more fully and effectually carrying out the provisions of the Marine Board Laws, and may from time to time rescind, add to, alter and amend the same. Such rules shall be submitted to, and approved by the Governor in Privy Council, and shall he published in the Jamaica Gazette, and thereafter shall have the force and effect of Law.

10— If any person is guilty of an offence against this Law,Offences. or any rules framed thereunder, or under the Laws construed herewith, he shall be deemed guilty of an offence against the Marine Board Laws, 1896-1898. 11— The following words in Section 2 of Law 17 of 1896,Partial repeal of Section 2 of Lair “ and may fix the amount of remuneration to he paid to the 17 of 1896. 4‘ members of such Board” are hereby repealed.

JAMAICA—LAW 18 OF 1898.

The Adulteration o f Food and Drugs Law, 1898. [2nd July, 1898.] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follow s: 1—This Law may be cited as “ The Adulteration of Food Short Title. and Drugs Law, 1898.”

2—In this Law the term “ food” includes every article “Food” and “ Drugs” defined. used for food or drink hy man, other than drugs or water; and The term “ drug” includes medicine for internal or exter nal use.

3—No person shall mix, colour, stain, or powder, or order Prohibition and punishment for . or permit any other person to mix, colour, stain, or powder, adulteration. any article of food with any ingredient or material so as to render the article injurious to health, with intent that the same may he sold in that state; and no person shall sell any such article so mixed, coloured, stained, or powdered. No person shall, except for the purpose of compounding as in this Law described, mix, colour, stain, or powder, or order or permit any other person to mix, colour, stain, or powder any drug with any ingredient or material so as to affect in juriously the quality or potency of such drug, with intent that the same may be sold in that state; and no person shall sell any drug so mixed, coloured, stained or powdered. Any person contravening this Section shall be liable, for a [Ch. 18.] 2 The Adulteration o f Food and D rugs Lau>, 1898. first offence, to a penalty not exceeding fifty pounds, and for a second or other subsequent offence, to be imprisoned, with or without hard labour, for any term not exceeding six months. This Section shall be subject to the following proviso, that is to say : No person shall be liable to be convicted under this Section in respect of the sale of any article of food, or of any drug, if he shows to the satisfaction of the Justices before whom he is charged, that he did not know that the article of food or drug sold by him was mixed, coloured, stained, or powdered con trary to this Section, and that he could not with reasonable diligence have obtained such knowledge.

Soiling food or 4 —Subject to the provisions of this Law, no person shall drag not of sub sell to the prejudice of the purchaser, any article of food or stance or craality demanded dj por drug which is either not of the nature, or not of the substance, ch m« prohibited. or not of the quality demanded by such purchaser, under a penalty not exceeding twenty pounds : Provided that an of fence shall not be deemed to be committed under this Section in any of the following cases: (1) Where any matter or ingredient is added to an article of food, or to a drug, because the same is required for the production or preparation of such article or drug as an article of commerce, in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food or drug, or con ceal the inferior quality thereof; (2) Where water is added to any rum, brandy, or whisky, but not so as to reduce the strength below that at which rum may be legally sold by retail under The Spirit License Law; or where water is added to gin, but not so as to reduce the spirit to a lower proof than 31 by the Hydrostatic bubble for ascertaining the strength of spirit, which bubble shall be equiva lent to 30 degrees under proof of Sykes' Hydrometer at a temperature of 80 degrees of Fahrenheit’s ther mometer. The instruments and tables of calcula- The Adulteration of Food and Drugs Law, 1898. [Oh. 18.] a tions authorised by Law 12 of 1894, or any Law amending the same, to he used in the testing of rum shall be the instruments and tables to be used in making tests of the strength of spirits under this Law. (3) Where the drug or food is a proprietary medicine, or is the subject of a patent in force, and is supplied in the state required by the specification of the pa tent ; (4) Where the food or drug is compounded as in this Law is mentioned; (5) Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation; (6) Where the food or drug was entrusted to some person for sale or delivery, and was, or might have been received by such person of the nature, substance and quality demanded by the purchaser, and was after or at the time of reception by such person, and with out the knowledge or consent of the person by whom he was entrusted, altered or permitted to he altered. It is no defence to a prosecution under this Section for selling to the prejudice of the purchaser, that the purchaser bought for analysis only, or not with his own money.

5— Any one, who being entrusted with an article of food or Persons entrusted " - . . altering or per- drug, alters the same, or permits it to be altered, so as to in- m itting alteration juriously affect its nature, or its substance, or its quality, o£ food or drug' with intent that the same may be sold without notice in its altered state, shall be liable to a penalty of not less than Two Pounds and not exceeding twenty pounds.

6— Subiect to the provisions of this Law, no person shall Selling compound 's J , O O J , , , ed food or drug. sell any compounded article of food, or compounded drug, which is not composed of ingredients in accordance with the demand of the purchaser, under a penalty not exceeding twenty pounds. 4 [Ch . 18] The Adulteration of Food and Drugs Law, 1898. Soiling mixed 7—No person shall be guilty of an offence against this Law article, &c., with r , . - » , , . notice. in respect of the sale of an article of food or drug mixed with any matter or ingredient not injurious to health, and not in tended fraudulently to increase its bulk, weight, or measure, or conceal its inferior quality, if at the time of delivering of such article or drug, he supplies to the person receiving the same, notice by a label distinctly and legibly written or printed on, or with the article or drug to the effect that the same is mixed.

Abstracting part g—No person shall, with intent that the same mav be sold from any article of _ * J u food for uia with- without notice in its altered state, abstract from an article of food any part of it, so as to affect injuriously its nature or its substance, or its quality, and no person shall sell any ar ticle so altered without making disclosure of the alteration. Faulty. under a penalty in each case not exceeding twenty pounds.

®—The Governor may from timetotimeappoint any person TornmentAnalyst*, or persons possessing competent skill and knowledge, to be Government Analyst or Government Analysts under this Law, of all articles of food and drugs sold in the Colony, and may at his pleasure remove any such Government Analyst or Analysts. Provided that no person shall be appointed a Government Analyst, who is directly or indirectly engaged, or interested in any trade or business connected with the sale in or importa tion into this Colony of food or drugs. Such Government Analyst or Analysts shall be paid by the fees, to be prescribed by the Governor under this Law. to“hcv“w i o?ht 1 0 —Any purchaser of on article of food or drug shall be drag Mraiycod ou entitled on payment to a Government Analyst of a fee ne- payment of pra- . * T •aribed fee. cording to a scale prescribed by the Governor, to have such article of food analysed by such analyst, and to receive from him a certificate of the result of the analysis. The Governor may from time to time, by notice in the Gasette, prescribe a scale of fees under this Section, and alter or revoke any such notice. The Adulteration of Food and Drugs Law, 1898. [Ch. 18.] 5 11—Any of the following officers, that is to say, any Go Certain officers and police- consta vernment Medical Officer, any Sanitary Inspector, the Inspec • bles entitled to pro* cure samples of tor General, or any Inspector of Police, and any Police Con food, drugs, or stable, may procure any sample of food or drugs, or may pro milk for analysis. cure at the place of delivery, any sample of milk in course of delivery to a purchaser or consignee, and if he suspects such sample to have been sold contrary to this Law, may procure the same to be analysed by a Government analyst. Upon any such officer or constable as aforesaid applying to purchase any article of food or drug exposed or offered for sale in any shop or store or other premises, or in any street or place of public resort, or any milk in course of delivery, and tendering a reasonable price for the quantity which he requires for the purpose of analysis, if the person ex posing or offering for sale, or having power to sell, or hav ing the charge of any such food, drug, or milk as aforesaid^ refuses to sell the quantity required to such officer or consta ble such person shall be liable to a penalty not exceeding ten pounds. In exercising the powers given by this Section a police constable shall comply with the directions of the Inspector under whose immediate command he is, and any other of the officers aforesaid shall comply with the directions of the Colonial Secretary, but non-compliance with such directions shall not affect the validity of any act, or afford any defence to proceedings under this Section.

12__The person purchasing any article of food or drug Procedure on pur chasing article for with the intention of submitting the same to analysis shall, analysis. after the purchase is completed, forthwith notify the seller, or his agent selling the article, of his intention to have the same analysed, and shall offer then and there to divide the article or drug in the presence of such seller or agent into three parts, each part to he marked and sealed or fastened up in such manner as its nature w ill permit, and if such offer is accepted, shall proceed accordingly and deliver one of the parts to the seller or his agent. He shall afterwards retain -one of the said parts for future comparison and submit the 6 [Oh . 18.] The Adulteration oj Food and Drugs Law, 1898. third part, if he deems it right to have the article analysed, to a Government Analyst. If such offer is not accepted the analyst receiving the article for analysis shall divide the same into two parts, and shall seal or fasten up one of these parts and shall cause it to he delivered, either upon receipt of the sample, or when he supplies his certificate to the pur chaser, who shall retain the same for production in case pro ceedings shall afterwards he taken in the matter.

Analyst to give 18—A Government Analyst, after completing an analysis certificate. under this Law, shall give a certificate of the result of such analysis, which shall he in the form in the schedule hereto, with such variations as circumstances may require.

Offences. 14— Every act or default in respect whereof a penalty or imprisonment is imposed by this Law, not expressly mide by this Law a misdemeanour, shall be an offence against this Law, and punishable on summary conviction before any two Jus tices of the Peace.

Evidence. At the hearing of any information or complaint of an offence against this Law, the production of a certificate signed by the analyst shall be sufficient evidence of the facts therein stated, unless the defendant requires that the analyst be called as a witness, and no proof need be given of the signa ture or official character of the analyst. The parts retained by the purchaser shall be produced. Husband and Wife The defendant may, if he or she thinks fit, tender himself component wit nesses. . and his wife, or herself and her husband to be examined on his or her behalf, and either or both of them shall, if he or she desires, be examined accordingly. On ns proban dL Where the fact of an article of food or drug having been sold contrary to the provisions of this Law is proved, if the defendant desires to rely npon any exception or provision contained in this Law, it shall be incumbent upon him to prove the same.

Innocent seller of 15— If the defendant in any proceedings for selling con article purchased with warranty. trary to this Law, proves that he purchased the article in question as the same in nature, substance and quality as that The Adulteration oj Food and Drugs Lem, 1898. [Ch . 18.] 7 demanded of him by the complainant, and with a written warranty to the effect that he had no reason to believe at the "time when he sold it that the article was otherwise, and that he sold it in the state in which he purchased it, he shall be liable to pay the costs incurred by the complainant, unless he gave him reasonable notice that he would not rely on this defence, but except as to such costs, shall be discharged from the proceedings.

16— Any person who forges or utters, knowing it to Forging he certificate of analysis. Mis forged, any certificate of the result of an analysis under this demeanour. Law, or with intent that the same shall be used for the pur poses of this Law, any written warranty, shall be guilty of a misdemeanour, and he punishable on conviction, by imprison ment, with or without hard labour, for any term not exceed ing two years. 17— Every person who wilfully applies to an article of foodPenalty for apply ing certificate of or drug, in any proceeding under this Law, a certificate or warranty to another article. warranty given in relation to any other article or drug, shall be liable to a penalty not exceeding twenty pounds.

18— Every person who gives a false warranty in writing Penaltyas for giving false warranty. to the nature or substance or quality of any article of food or drug sold by him as principal or agent, shall be liable to a penalty not exceeding twenty pounds.

19— Every person who wilfully gives a label with anyPenalty for falsely giving label. article of food or drug sold by him, which falsely describes the articles sold, shall be liable to a penalty not exceeding twenty pounds.

20— Nothing in this Law shall affect-the power of proceedSaving as to reme dies other than ing by indictment, or take away any other remedy against under this Law. any offender under this Law, or in any way interfere with contracts or bargains, or the rights and remedies belonging thereto: Provided, that in any action brought by any person for a breach of contract on the sale of any article of food or drug, such person may recover, either alone, or in addition to any 8 [Ch . 18.] The Adulteration o f Food and Drugs Law, 1898, other damages recoverable by him, the amount of any penalty which he may have been compelled to pay under this Law, together with the costs paid in consequence of the conviction, or incurred in and about his defence, if he prove that the article or drug, the subject of such conviction was sold to, him as and for an article or drug of the same nature, sub stance, and quality as that which was demanded of him, and that he purchased it not knowing it to be otherwise, and afterwards, not having in the. meantime discovered it to be otherwise, sold it in the same state in which he purchased it.

Schedule. SCHEDULE A. Fohm or C e r t if ic a t e . To I, the undersigned, Government Analyst, do hereby certify that I received on the day of 18 from a sample of for analysis (which then weighed ) and have analysed the same, and declare tne result of my analysis to be os follows :— I am of opinion that the same is a sample of genuine

I am of opinion that the said sample oontained the parts as under or the percentages of foreign ingredients as under:

Observations:

As witness my hand this day of H. B. A t JAMAICA LAW 19 OF 1898.

The Agricultural Tenants Protection Law, 1898. [21st July, 1898.~\ HEREAS it is expedient to encourage the cultivation Preamble. W and permanent improvement of lands in this island by tenants. Be it enacted by the Governor and Legislative Council of Jamaica, as follows:

1—Whenever any land shall he rented for Agricultural Tenant may reco ver value of per purposes after the passing of this Law, for any tenancy from manent improve m ents in certain year to year, or for any term certain, but subject to determina cases. tion by notice to quit, and the tenant shall according to proper and approved methods, plant and establish upon such land any of the permanent cultivation mentioned in the schedule hereto, and shall maintain and uphold such cultivation; and also whenever any such tenant shall erect or place upon the lands or any part thereof, proper Agricul tural buildings, appliances, fixtures, or machinery for such cultivation, and for the curing and manufacturing of the crops or produce thereof, (if any such Agricultural buildings, appliances, fixtures, or machinery be necessary for the same) then if the landlord or lessor shall determine the same by notice to quit, the tenant may recover from such landlord or lessor the actual value at the date of such determination of such permanent cultivation, and of such Agricultural buildings, appliances, fixtures and machinery or any of them, as the tenant may by law he prevented from removing from the land. 2 [Oh. 19.] The Agricultural Tenants Protection Late, 1808. Valuation of por- 2— For the purposes of this Law, in the absence of any manant improve ments. written agreement as to the value, the actual value of the land at the date of the commencement of the tenancy shall be taken to be ten times the amount of the annual rental reserved in respect of the same, and the actual value of the permanent cultivation. Agricultural buildings, appliances, fixtures and machinery, shall be taken to be the difference between such capitalized rental, and the actual market value of the premises with such cultivation, agricultural buildings, appliances, fixtures and machinery upon it, at the time of the expiration of the notice to quit, to be ascertained and assessed by two valuers, one to be named by each party. Such valuers shall, before proceeding to value, nppointan umpire to decide in case they do not agree. Reoorery of val na 3— If the landlord or lessor neglect or fail to pay the tion. tenant or lessee the amount of the valuation arrived at under Section 2 of this Law within thirty days after notice in writing of such valuation, then the amount awarded in res pect thereof shall be recoverable by an action in the Resi dent Magistrate's Court, as and for liquidated damages, in an ordinary action at common law.

Co m to whii Ii 4— The provisions of this Law shall not apply to any case in this Law aha I not •pply. which the tenant by the written terms of his tenancy is prohi bited from establishing such permanent cultivation, or when the tenant has been, before or within one month after he com menced to establish the same, served with notice to quit, or with a written notice that if he proceeds with such permanent culti vation the landlord will not pay anything in respect thereof, should he determine the tenancy by notice to quit, nor to any case in which the reserved rent remains in arrear for six months after the date on which the same, or any instalment thereof ought to be paid, nor to any case in which the tenancy is determined for non-payment of rent, or for breach of cove nant or written condition subject to which the land is held by the tenant. Permanent culti The words “ permanent cultivation" as used in this Sec vation deli i ed. tion, shall extend to and include “ agricultural buildings, ap pliances, fixtures and machinery." The Agricultural Tenants Protection Law, 1898. [Ch. 19.] 3 5— Whenever the landlord or lessor of any such landRemedy is of sub tenants. himself a tenant or lessee, and the superior landlord or lessor determines his tenancy for non-payment of rent, or for cove nant or condition broken, the remedy of the sub-tenant or lessee under this Law, shall be against his immediate landlord or lessor only, and not against the superior landlord or lessor, unless the superior landlord shall elect to continue the tenancy, in which case the sub-tenant’s remedy shall be against the superior landlord.

6— It shall be lawful for the landlord, his attorney, overLandlord may enter, inspect and seer, or agent, at all times in the day time, without doing measure premises. any damage or injury, to enter upon and inspect any land rented for agricultural purposes, and to take measurements of the extent and boundaries of such land, or for obtaining any other information relating thereto.

7— The terms “landlord,” “ tenant,” “ lessor” and “ lessee,”Definitions. as used in this Law, shall mean and include the respective legal real and personal representatives of such “ landlord,” “ tenant,” “ lessor” and lessee,” respectively on whom the respective interests devolve.

8— This Law shall not come into operation unless and untilCommencement of this Law. the Officer Administering the Government notifies by pro clamation 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 proclamation.

SCHEDULE. Coffee, Cocoa, Cocoanuts, Kola or Bissie, Oranges, Grape Eruit and Schedule. other Citrous Bruits, Bananas, Grapes,'Pimento, Ginger, Annatto, Tobacco, Hutmegs, Bamie, Pine Apples, Sugar Canes

JAMAICA-IlAW 20 OF 1898. W l

The Succession Duty Law, 1898. \Ath June, 1898.] HEREAS it is expedient to impose certain duties OH Preamble, W succession to property :— Be it enacted by the Governor and Legislative Council of Jamaica, as follows:— 1—This Law shall not come into operation unless and until Commencement of the Officer Administering the Government notifies by pro clamation 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 proclamation.

2 —Unless in any case the context shall require a different Definitions, construction— The term “real property” shall include all freehold, lease hold, or other hereditaments, and all estates in any such hereditaments. The term “ personal property” shall include money payable under any engagement, and all other property not comprised in the definition of real property. The term “ property” alone shall denote real property and personal property. The term “ succession” shall denote any property charge able with duty under this Law. 2 [Oh. 20,] The Succession Duty Law, 1808. “ Succession.” 3—Every past or future disposition of property by reason “ Successor.'* whereof any person has or shall become entitled to any pro perty, not being immoveable property out of this Otlony, or the income thereof, upon the death of any person dying after the taking effect of this Law, either immediately or after any intervnl either certainly or contingently, and either di rectly or by way of substitutive limitation, and every devolu tion by law of any beneficial interest in property, or the in come thereof, upon the death of any person dying after the time appointed for the taking effect of this Law to any other person in possession or expectancy, shall be deemed to have conferred or to confer on the person entitled by reason of any such disposition or devolution “ a succession,” and the term “ successor" shall denote the person so entitled, and the term “ predecessor" shall denote (he testator, intestate, an cestor, or other person from whom the interest of the suc cessor is or shall be derived.

Snccowion Dutiu. 4—There shall be raised for the use of the Government of this Island in respect of every succession as aforesaid, accord ing to the net value thereof, the following duties, that is to say: 1 . 'Where the successor shall be the lineal issue or lineal ancestor of the predecessor, a duty at the rate of one pound per centum upon such value. 2. Where the successor shall be a brother or sister or a descendant of a brother or sister of the predecessor, a duty at the rate of three pounds per centum upon such value. 3. Where the successor shall be a brother or sister of the father or mother or a descendant of a brother or sister of the father or mother of the predecessor, a duty at the rate of five pounds per centum upon such value. 4. Where the successor shall be a brother or sister of the grandfather or grandmother or a descendant of the the brother or sister of the grandfather or grand- The Succession Duty Law, 1898. [Ch. 20.] 3 mother of the predecessor, a duty at the rate of seven pounds per centum upon such value. 5. Where the successor shall be in any other degree of collateral consanguinity to the predecessor than is hereinbefore described, or shall he a stranger in blood to him, a duty at the rate of ten pounds per centum upon such value. 5— Prom the duties aforesaid imposed by this Law, the Exemptions, following estates and persons shall he exempt, that is to say : 1. Where the whole succession or successions derived from the same predecessor, and passing upon any death to any person or persons shall not amount in money or other property, to the sum of fifty pounds, no duty shall be payable under this Law in respect thereof or of any portion thereof. 2. Where the successor shall he a son or daughter of the predecessor, no such duty as aforesaid shall he paya ble by such successor in case the net amount or value of the succession of such successor, do not amount to the sum of one hundred pounds. 3. No successor whatever shall be liable to pay duty upon any succession which shall be of less value than twenty pounds. 4. Every surviving spouse, being a successor of his or her deceased spouse, shall be exempt from the pay ment of any duty upon such succession. 6— As often as a donation mortis causa shall he made, there Donatio Mortis causa. shall he payable by the donee the same duty upon the net amount or value of the donation, as such donee would have paid under this Law in case the donor had been a predeces sor, and such donee had been a successor under this Law.

7— The duties imposed by this Law shall be considered as Duties to be con- Stamp duties, and shall be under the care and management Duties and col- of the Stamp Commissioner, who by himself and his officers shall have the same powers and authorities as are by Law 33 of 1868, or by any other Law or Laws vested in him for the [Ch . 20.] The Succession Duty Law, 1898. collection recovery and management of any stamp duties, and he shall provide proper stamps for denoting the rate per centum of the duties payable under this Law, and shall have all other powers and authority for carrying this Law into execution.

Time for paying 8— The duty imposed by this Law shall be paid within six the Duty. months of the time when the successor or any person in his right or in his behalf shall become entitled in possession to his succession, or to the receipt of the income and profits thereof: Provided, that if reasonable cause be shown to the satisfaction of the Stamp Commissioner, he shall have power to extend the time for paying the duty for a period not ex ceeding twelve months.

Stamp Oommii- 9— It shall be lawful for the Stamp Commissioner to call aiouer’o power to call for accounts. upon all executors aud administrators, and all trustees and successors, for a full and true account of all property in re gard to which duty shall be payable under this Law, and which property shall have keen received or disposed of by them in their said capacities, and of the value of such property, to gether with the names of the successor and predecessor, and their relation to each other, and all such other particulars as shall be necessary or proper for enabling the Stamp Commis sioner to ascertain the duties payable: Valuation of Provided, that if any executor shall by last will, or codicil Succession. to a last will, have been directed not to file such an account, it shall be lawful for such executor to make a solemn decla ration of the amount upon which such succession duty shall be due and payable under this Law; and it shall be lawful for the Stamp Commissioner, if dissatisfied with the value placed by any successor, or by any person acting for or representing him, upon his succession, or if such successor shall fail to place any value thereon, to cause the value thereof to be appraised by any person or persons appointed by the Stamp Commissioner for the purpose, and to assess the duty upon the footing of the value as ascertained by such appraisement, together with reasonable expenses of such valuation, subject to appeal as hereinafter provided; but in case such value- The Succession Duty Law, 1898. [Oh. 20.] 5 tion shall not exceed the value of such succession put upon the same by such successor to the extent of one-sixth of the value thereof, the duty shall be paid upon the valuation put upon the same by such successor or by any person acting for and representing him, and the expense of the valuation shall be borne by the Government.

Deduction of 10— It shall be lawful for every executor, administrator,Duties from or trustee, and he is hereby required to deduct from the Suceession. succession of every successor in the estate under the adminis tration of such executor, administrator, or trustee the amount of succession duty payable by such successor, and if he shall fail to deduct such succession duty he shall he personally lia ble to the Stamp Commissioner for the same: Provided, that as often as any such succession duty shall not have been so deducted, the successor entitled to such succession shall con tinue to be liable for the same.

Appeal against 11— It shall he lawful for any person liable for any dutyassessment by under this Law, and who shall be dissatisfied with the as Stamp Commis si ner. sessment made by the Stamp Commissioner of the duty pay able under this Law, to give notice to the Stamp Commis sioner at any time within thirty-one days after he shall have had notice from the Stamp Commissioner of such assess ment, that he intends to appeal against such assessment, and to give at the same time a statement of the grounds of such appeal, and thereupon such person may appeal by petition to the Supreme Court, and such Court, or any Judge thereof sitting in Chambers, shall have jurisdiction to hear and de termine the matter of such appeal, and the costs thereof, with power to direct for the purposes of such appeal, any enquiry, valuation, or report to be made by any Resident Magistrate or other person, as such court or judge shall think fit.

12— As often as any succession shall be an annuity, thenValue of annuities Law 16 of 1879. the value of such annuity shall be calculated according to the tables contained in the schedule annexed to the Legacy Duty Law, 1879 (Law 16 of 1879). 6 [On. 20.] The Succession D uty Law, 1808. Donations mortis 13— The provisions of the ninth, tenth, eleventh and twelfth causa. sections of this Law, shall extend and apply to donations mortis causd in like manner as if the same had been succes sions under this Law.

Contingent in 14— In estimating the valne of a succession, no allowance cumbrances. shall be made in respect of any contingent incumbrance thereon, but in the event of such an incumbrance taking ef fect as an actual burden on the interest of the successor, he shall be entitled to a return of a proportionate amount of duty paid by him in respect of the amount or value of the incumbrance when taking effect.

Contingent devo lution. 16—In estimating the value of a succession, no allowance shall be made in respect of any contingency upon the hap pening of which the property may pass to some other person; but in the event of the same so passing, the successor shall be entitled to a return of so much of the duty paid by him as will reduce the same to the amount which would have been payable by him if such duty had been assessed in respect of the actual duration or extent of bis interest.

Rateable payment 16— Where a successor shall not have obtained the whole and refund of duties. of his succession at the time of the duty becoming payable, he shall be chargeable only with the duty on the value of the property or benefit from time to time obtained by him ; and whenever any duty shall have been paid on account of any succession, and it shall afterwards be proved to the satis- tisfaction of the Stamp Commissioner that such duty, not being due from the person paying the same was paid by mis take, or was paid in respect of property which the successor shall have been unable to recover, or from or of which he shall have been evicted or deprived by any superior title, or that for any other reason it ought to be refunded, the Stamp Commissioner being thereto authorised by the Governor, shall thereupon refund the same to the person entitled thereto.

Devolution of succession before 17— Where the interest of any successor in any property possession. shall, before he shall have become entitled thereto in pos- The Succession Duty Law, 1898. [Ch . 20.] 7 session, have passed by reason of death to any other succes sor or successors, then one duty only shall be paid in respect of such interest, and shall he due from the successor who shall first become entitled thereto in possession ; hut such duty shall he at the highest rate which, if every such succes sor had been subject to duty, would have been payable by any one of them.

1 8 _Where property shall become subject to a trust for any charities Ac. charitable, religious, or public purposes, under any disposition which, if made in favour of an individual, would confer on him. a succession, there shall be payable in respect of such property, upon its becoming subject to such trust, a duty at the rate of ten pounds per centum upon the amount or principal value of such property ; and it shall be lawful for the trus tee of any such property to raise the amount of any duty due in respect thereof, with all reasonable expenses, upon the security of the charity property, at interest, with power for him to give effectual discharges for the money so raised: Provided however, that this clause shall not extend to in stitutions for orphans, the blind, deaf and dumb, lunatics, lepers, incurables, aged and poor.

19 _The dutv imposed by this Law shall be a first charge Duties charged on " r . successions on the interest of the successor and of all persons claiming in his right in all the real property in respect whereof such duty shall be assessed, and the said duty shall he a debt due to the Crown from the successor known in respect of the property comprised in such succession, and shall have priority over all charges and interests created by him. The Governor in Privy Council may make all necessary The Governor may rules and forms, and may from time to time rescind, alter, or make 98 *°" amend the same, for more fully and effectually carrying into effect the provisions of this Law. Such rules shall be pub lished in The Jamaica Gazette and shall thereafter have force of Law.

JAMAICAiiLAW 21 OF 1898.

The Spirit License Law, 1898. [11th May, 1898.~\ HEREAS it is expedient to consolidate and amend the Preamble. W Laws that at present regulate the Sale of Spirits: Be it enacted by the Governor and Legislative Council of Jamaica, as follows ;p..

1—Law 28 of 1896 is hereby repealed : Provided that such Repeal of Law repeal shall not affect any act or omission that has already taken place, or any right, liability, or right of procedure, civil or criminal, or any proceedings commenced or to be com menced in respect of any such act or omission ; and all Li censes granted under the said Law shall continue in force for the periods therein specified, notwithstanding the repeal of the said Law: Provided further, that all moneys de rived from Licenses under this Law shall be dealt with and applied under and in accordance with the provisions of Sec tion 24 of Law 17 of 1890 and Section 40 of Law 31 of 1890; as if they were derived from Licenses granted under the Law hereby repealed.

2—In this Law, except where the subject-matter or con- Definitions, text requires a different construction, the word “ Spirits” means and includes any rum, brandy, gin, whisky and other distilled spirits, liqueurs and spi rituous compounds commonly used and sold as a drink, but not any methylated spirits, or medicinal tinctures and preparations, or perfumery ; 2 [Ch. 21.] The Spirit License Law, 1898. “ Tavern” means a house in which spirits are sold only for consumption on the premises, andin which temporary accommodation for man and beast is available; “ Hotel” means a house where the business of providing temporary lodging and board for man, or man and beast, is the principal business carried on, and where the sale of spirituous liquors is carried on only as subsidiary to such business; “ House” includes any house, shop, tavern, place, or pre mises, together with any yard or land, whether open orenclosed land, within the curtilage of the same, ap purtenant thereto, or used or occupied therewith; or any vessel engaged in the coasting service. “ Estate” means any Estate, plantation, or other landed property, whereon any spirit is distilled or manufac tured ; “ Sale” includes “ barter,” and any delivery of Spirits by one person to another for reward; and every such de livery of spirits shall be deemed and presumed to be for reward and in pursuance of a sale, unless the circumstances under which any such delivery is made, negative such presumption; “ Clerk” means the Clerk of the Courts for the Parish in which anything is done or required to be done; “ Resident Magistrate" means the Resident Magistrate for the Parish in which anything is done or required to be done; “ Collector" means the Collector or Assistant Collector of Taxes for the Parish as aforesaid; “ Inspector” means and includes the principal officer of Constabulary for any such Parish as aforesaid; “ License” means one or other of the Licenses granted under this Law for the sale of spirits.

No spirits to be 3—Save as herein specially excepted, or hereby specially sold except pur suant to License. permitted, no spirits shall be sold either by wholesale or by retail in this Island except by persons thereunto duly The Spirit License Late, 1898. [Ch . 21.] 3 licensed under this Law, or on their behalf by persons in their immediate employment, and then only in conformity with the terms of the License held by such persons as set forth in this Law.

Any person who, without being at the time of such sale Penalty, duly licensed so to do, or otherwise than in conformity with the terms of his license, shall, either personally or through or by any agent or servant, sell any spirits, or who shall per mit any spirits to he sold in any house in his occupation, shall be deemed in respect of each and every such sale to have com mitted an offence against this Law, and shall, on conviction, he liable to a penalty not exceeding One Hundred Pounds, and not less than Ten Pounds for each offence.

4—Nothing in this Law contained shall apply to the oase Exceptions, of— o. any person in charge of-any Estate whereon spirits are manufactured selling any spirits manufactured thereon subject to the provisions of the Rum Duty Law, 1878, or any Law that has been or may be passed in amendment of or substitution for the same ; or b. the personal representative of any person licensed un der this Law who shall die, or the assignees or trus tees of any person licensed as aforesaid, who shall he declared or become bankrupt, selling any spirits which shall come to them in any of the characters aforesaid, and who shall sell any such spirits in the same way and subject to the same restrictions as the licensee could have done under his license, if he had not died or become bankrupt; or c. the personal representative of any person not licensed under the provisions of this Law who shall die, or the assignee or trustee of any person not licensed as aforesaid who shall become bankrupt, leaving among his assets or estate a private stock or supply of spirits; or d. any person who shall sell his private stock or supply of spirits, not exceeding fifty gallons, amongst his 4 [Oh . 21.] The Spirit I/icenae Lata, 1898. effects at any sale thereof, on departing from or otherwise winding up his affairs in this island; or e. any person licensed as a retailer under this Law, who shall on the absolute and bona fid e transfer of any business and sale of the whole stock in trade thereof, or of any share or interest therein, sell the same to the purchaser thereof or of any interest therein, though such stock in trade shall consist of or com prise spirits exceeding the amount which the Vendor in terms of bis retail license is authorised by this Law to sell; or f. any officer or person who without any license under this Law shall sell any spirits under any process of law ; and any sales permitted under the provisions of sub sections c to / may be made by any Auctioneer or other Agent of the party entitled to sell as herein provided.

Four description* 6—There shall be four descriptions of Licenses to sell of Licenses Spirits, which may be granted under the provisions of this Law, viz.:— 1. A Wholesale License, 2. A Retail License, 3. A Tavern License and 4. An Hotel License; and they shall respectively confer on the persons holding the same, the rights following (that is to say):— a. A Wholesale License shall entitle the holder to sell in quantities of not less at one time than the follow ing :— Rum, Fifty Gallons. Imported spirits, except liqueurs and Spirituous Compounds, Twenty-five gallons in bulk, or one dozen reputed quart, or two dozen reputed pint bottles. Liqueurs and Spirituous Compounds, one case con taining nominally one gallon. The Spirit License Law, 1898. [Ch. 2l.j 5 b. A Retail License shall entitle the holder to sell spirits in any quantities not exceeding those above- named, hut only in and upon the house named in the License, as that in respect of which the License is granted. c. A Tavern License shall entitle the holder to sell spirits, but only in and upon the house named in the License, as that in respect of which the License is granted, not to be taken away or consumed off the same. d. A Hotel License shall entitle the holder to sell spirits, hut only in and upon the house named in the License as that in respect of which the License is granted, not to be taken away or consumed off the same, and only to bona fide inmates of or lodgers in the Hotel, or bond fide travellers arriving thereat in need of refreshment: Provided that no person shall be deemed to be a “ bond fide traveller,” whose usual residence is within three miles of the Hotel at which he applies for refreshment. The said Licenses shall be in the form given in the Sche dule to this Law.

6— Every License which shall be granted under this LawD uration of Licenses. shall, unless forfeited as hereinafter provided, continue in force from the date named therein until the then next suc ceeding fifth day of April.

7— Each License granted under this Law shall authoriseSales to be accord ing to tenor of the holder to sell spirits according to its tenor and not other Licenses. wise, and any Licensed person selling spirits otherwise than according to the tenor of his License shall, in respect of any such sale, he deemed to be unlicensed to all intents and pur poses : Provided that it shall be competent to any person to apply for and to hold all or any one or more Licenses grant- able under this Law. 8— No License under this Law shall be granted on anyLicenses on Estates. Estate whereon rum or other spirits are manufactured, or at 6 [Oh . 21.] The Spirit License Law, 1898. any place within a distance of a quarter of a mile from any distillery in which spirits are manufactured, otherwise than with and subject to the sanction in writing of the Revenue Commissioner.

utToffoodand" 9—When any person shall supply another with food and ■ptota. spirits and receive payment, the presumption that such sup ply of spirits was in pursuance of a contract of sale, shall not be rebutted by any suggestion, allegation, or pretence that the payment was in respect of the food only.

s»ioof,piriu at 10 —On the occasion of any public horse-race, or other law- public none race, . m &c. ful or accustomed amusement or exhibition being held in any Parish, it shall he lawful for the Resident Magistrate, on the application of any person holding a retail or a tavern license in respect of any premises within the Parish, to grant such person authority in writing to sell spirits according to the tenor of his License, in a booth, tent, or other temporary structure at the place where, and for the day or days during which, such race or other amusement or exhibition as afore said may be held, as if the same formed part of his licensed premises: Provided that such person o b ta in i n g such permis sion, shall at latest on the day before the holding of such race, amusement, or exhibition, present the same at the principal Constabulary Station in the Parish to the Chief Officer of Constabulary present thereat: Provided further, that the person authorised as aforesaid shall keep exhibited in some conspicuous place over or on the outside of such booth, tent, or structure, his name and the number of his License. Any licensee as aforesaid, who shall have obtained such authority as aforesaid, who shall fail to comply with the terms of either of the provisions aforesaid, and shall never theless sell spirits in any such place or on any such occasion as aforesaid, shall, in respect of any such failure, forfeit and pay any sum not exceeding Five Pounds. to I? S f * -“3?or each License under this Law there shall be paid the following duties, that is to say:— The Spirit License Law, 1898. [Oh. 21.] 7 For each Wholesale License in the Parish of Kingston £10 0 0 In any other Parish 5 0 0 Por each Retail or Tavern License in the Parish of Kingston, exclusive of Port Royal 20 0 0 In the Town of Port Royal, Halfway Tree, Gordon Town, Spanish Town, Linstead, Old Harbour Market, Ohapelton, Man- deville, Porus, Black River, Sav-la-Mar, Lucea, Montego Bay, Falmouth, St. Ann’s Bay, Brown’s Town, Port Maria, Annotto Bay, Port Antonio and Morant Bay 15 0 0 In any other part of the Island 10 0 0 For every Hotel. License in the Parish of Kingston 10 0 0 In any other Parish 5 0 0 Provided that when any duty has been paid at the rates fixed by Law 28 of 1896 in respect of any license granted for the current year, the duty on which License is reduced by this Section, a refund shall be made by the Collector General to the Licensee of the difference between the duty so paid and the duty required by this Law. Provided also that it Shall be lawful for this Council, by resolution to be moved at the instance or by the direction of the Governor, or with his express approval, to withdraw from the list above set forth, of towns or places in which the duty of £15 is hereby made payable for a Retail, or a Tavern License, the name of any such town or place, or to add to the said list the name or names of any town or place, or towns or places not named in the said lis t; and thereupon, in case of such withdrawal, the duty hereby made payable for any license as aforesaid shall cease to be payable, and a duty of £10 only shall be payable, and in case of such addition as aforesaid, the duty of £15 instead of £10 shall be payable for a Retail or Tavern License. 8 [Oh . 21.] The Spirit License Law, 1898. On every License granted to a beginner after the first day of June in every year, there shall be paid before such License is granted and signed by the Clerk at the rate of one-fourth of the duty above set forth as payable on such Licenses for each quarter and uncompleted quarter of a year from the date thereof to the fifth day of April following. No person shall be deemed to be a beginner who has had a License of similar class for the same premises, if a Tavern or Retail License, or for the same Parish, if a Wholesale License, within two years before the time of making such application. Except in the case of a beginner as above described, one moiety of the duty set forth above shall be paid by the appli cant to the Collector before such License shall be granted and signed by the Clerk, and the other moiety shall be paid to the Collector before the thirtieth day of September fol lowing before the expiry of such License, or before the Li cense shall be granted, if the said thirtieth day of September be already past. Every License under this Law shall be impressed with a stamp of the value of Ten Shillings, and the said sum of Ten Shillings shall in all cases be paid to the Collector together with the License Duty.

Propsjmcnt of Li- 12—No License under this Law shall be granted or signed Do^*nd8,*inp by the Clerk until after the presentation to him by the ap plicant of a receipt signed by the Collector for the amount of the duty set forth in Section 11 as payable before the granting of such License, and also for the sum of Ten Shil lings for the stamp as provided in the said Section 11: which receipt the Collector shall give to the applicant immediately on receiving such duty and sum, and shall set forth on such receipt the particulars of the License in respect of which such payments are made. In default of any payment when due, and unless the busi ness carried on under such License shall have been discon tinued, and notice of such discontinuance shall have been given in writing to the Clerk and to the Collector previously The Spirit License Law, 1898. [Ch. 21.] 9 to such payment becoming due, and the said License shall have heen surrendered to the Collector with an endorsement thereon, dated and signed by the holder of the said License, to the effect that such business has been discontinued, the Collector may recover the said payment, and the costs of such recovery, by distress and sale of the goods and chattels of the person holding the said License, wheresoever found, and of any goods and chattels found on the licensed pre mises on which a landlord might distrain for rent in arrear, and if the duty payable cannot be recovered by levy together with the expenses of the levy, the Resident Magistrate may cancel the License : Provided, that if the Collector is satisfied that the said business was discontinued before the said pay - ment became due, and has not been resumed, he may on the said License endorsed, as above provided being surrendered to him, forego collecting the said and all future payments due on such license. 13 _The Collector General may refund any amount of Li Refund of over-payment of cense Duty which may appear to him to have been overpaid License Duty. under this Law. 14 _Any person desirous of obtaining a wholesale license, "Wholesale Licenses. shall pay to the Collector the license and stamp duties payable under the provisions of Section 11 in respect of the same, and the Collector shall thereupon give to such person a receipt for the same, and shall set forth on such receipt the particu lars of the license in respect of which such duty is paid, and thereupon the Clerk, on presentation to him of the said re ceipt, shall grant to such person a license in conformity with the terms of such receipt. IB—The holder of any Hotel, Tavern, or Retail License Renewal of Licenses. under this Law, on which no endorsement shall have been made under Section 41 of this Law, who shall be desirous of obtaining a new License for the same premises on its expiry, shall be entitled to such new License, if prior to such expiry he shall have made the payment in respect of such new Li cense prescribed by Section 11; unless the Inspector or the Collector shall, not less than thirty days previous to the ex- [Oh . 21.] The Spirit License Law, 1898. piry of the License as aforesaid, have served upon the holder thereof notice in writing of his intention to oppose the grant ing of a new License, and of the grounds of such opposition. The Clerk shall, on presentation to him of the Collector’s receipt as provided by Section 12, grant to every person so entitled as above-mentioned, a new License as aforesaid, which shall be dated and purport to be granted on the day on which the previous License expires. Except under the provisions of Section 14 and of this Sec tion, no License shall be granted by the Clerk, unless and un til the conditions hereinafter prescribed shall have been com plied with. 16—Excepting as hereinbefore provided by Section 15, every person desirous of obtaining a Hotel, Tavern, or Retail License, shall deliver or cause to be delivered to the Clerk a written application on a form to be supplied by the Clerk in which shall be set forth: (a.) the nature of the License desired, (b.) the premises for which the same is desired, stating as nearly as may be the position of the same, and (c.) whether he has ever before held a license under this Law or any Law repealed hereby, and if so, when and where, and (d.) whether the premises for which the License is re quired have within the twelve months immediately preceding the application, been licensed under either this Law, or other Law as aforesaid. Provided also, that for the purposes of this section, in any case where premises are licensed as a Tavern, an applica tion in respect of them for a Retail License, shall be treated as an application for a renewal. 8nch person shall also, within forty-eight hours after the delivery of his application to the Clerk as aforesaid, deliver a copy thereof to the Inspector, and shall also, until the said application shall have been granted or refused, cause to be conspicuously and continuously exhibited on the house or premises for which he desires a License, a placard in letters The Spirit License Law, 1898. [Ch . 21.] 11 not less than one inch in height, announcing that he has applied for a Hotel, Tavern, or Retail License, as the case may he, for the said premises.

17__The Clerk shall, on the Tuesday following the delivery Publication in to him of any application under the next preceding Section application for 16, deliver or cause to be delivered to the Publisher of the Lloense- Jamaica Gazette, a statement of the particulars of such appli cation, and of the day on which such application will be con sidered, which shall be a day, not less than twenty-one nor more than twenty-eight days after the delivery thereof to him, on which the Resident Magistrate for the same Parish will sit at the Court House at the Head Station thereof. Every such statement shall be published in the two fol lowing issues of the Jamaica Gazette. It shall be the duty of the Inspector to cause a copy of such Gazette to he prominently and conspicuously exhibited and kept exhibited outside the Court House at the Head Sta tion of the Parish, and also outside the Court House and the Constabulary Station nearest in the same Parish to the pre mises for which the application is made, from the Monday following the first publication of the said statement, until the day appointed as above provided for the consideration of the said application. The Inspector shall personally, unless he he prevented by reasonable cause, and otherwise by a Sub-Inspector, Sergeant- Major, or Sergeant of Constabulary, inspect the house or pre mises in respect of which application for a License shall have, as above provided, been duly m ade; and shall make enquiry into the character of the applicant, and such other enquiries as may appear to him necessary, and shall endorse on his copy of the application a statement as to whether the house or building referred to therein is fit for the purpose for which the License is required within the meaning of this Law, and the result of his enquiry into the character of the applicant, and he shall forward to the Clerk, not less than three days before the day appointed for the consideration of the application, the said copy thereof with the said endorsa- 12 [O h . 21.] The Spirit License Law, 1808. tions thereon. The said Inspector shall, in every case where opposition is made to the application, attend at the considera tion thereof and give such verbal testimony on oath as may he required.

Requirements for 18_A house or building shall be deemed to be fit for the a Retail Spirit shop; purpose of a Retail Spirit Shop if it complies with the follow ing requirements, and not otherwise : (a.) The portion of the same which is to be nsed for the purpose of the License, and is hereinafter called the Bar, must he substantially built with the roof and walls weathertight, and must be in good repair and properly secured when closed. (b.) The floor of the Bar must be hard and dry and the surface even and properly drained. Tor a Tavern ; A building and premises shall be deemed to be fit for the purposes of a Tavern if in addition to the foregoing, it has on the same premises one or more bedrooms properly furnished for the use of guests, and one public room separated from the bar, and also proper stabling for two or more horses. Otherwise such building and premises shall not be deemed to he fit for the above purpose. Provided that the conditions of fitness as to stabling shall not apply to Kingston, Port Royal and Halfway Tree. Tor a Hotel. A building shall be deemed to be fit for the purpose of a Hotel if in addition to the foregoing requirements lettered (a) and (b), it has four or more bedrooms properly furnished and exclusively devoted to the use of guests, and two public rooms separated from the bar, viz.:—a sitting room and a dining room, each being not less than 120 square feet in area and 8 feet high, and properly furnished. Otherwise such building shall not be deemed to be fit for the above purpose.

Opposition to 19—The Inspector, the Collector and any householder re- application for g r ’ » lie cm mu h. siding within half a mile of the premises in respect of which the application is made, shall be entitled to oppose any ap plication under Section 16 for a Retail, Tavern, or Hotel License, and for that purpose to appear and be heard per- The Spirit License Law, 1898. [Ch. 21.] 13 sonally, or by Counsel, or Solicitor before the Resident Magis trate at the consideration of such application.

Any application for a license under this Law may be op- Grounds of oppo- posed on any of the following grounds, and no other:— (a.) that the house and premises are not fit within the meaning, of this Law for the purpose of the License applied for; (b.) that the applicant is under the age of twenty-one years, or is a person of bad character, or that hay ing within the previous five years been the holder of a License in any part of the Island, he allowed his licensed house to become a nuisance to the neighbourhood, or that he has within the pre vious five years been convicted of selling spirits without a license; or (c.) that the house for which application is made is situated so far from a public road that it cannot be under effective police control, or is likely to become a nuisance to the neighbourhood; (d.) that the license previously held by the applicant for the same premises is so endorsed under the provisions of Section 41 of this Law as to justify the refusal of a license; (e.) that the house or premises are in such an insani tary condition as to be unfit for the purposes of the license applied for ; And in case of a house already licensed: (y) that having regard to the amount of spirits re ceived during the past year, as shown under the provisions of Section 35 of this Law, the amount of legitimate trade is not sufficient to justify the granting of a license. Every such person as aforesaid who intends to oppose any application for a License as above mentioned, shall, not less than seven days before the day appointed for the considera tion of such application, serve upon the applicant, the In spector and the Clerk notice in writing of his intention to 14 [Oh . 21.] The Spirit License Late, 1808. do so, setting forth the grounds on which the opposition is based. Service of every such notice shall be made in accordance with the provisions of the Resident Magistrates Law, 1887, and of Rules made thereunder as to the service of summonses issuing out of a Resident Magistrate's Court. In every case where the Inspector's endorsations on his copy of the application shall be unfavourable, either as to the fitness of the house or premises thereby sought to be licensed, or as to the character of the applicant, the Inspector shall he deemed to have given to the Clerk notice of his intention to oppose the said application, and he shall serve notice upon the said applicant to that effect as herein provided.

Security for costs 20— Except in cases in which an Inspector gives the no of opposition. tice aforesaid, the service of the copy on the Clerk shall be accompanied by a deposit of One Pound as security for any costs which the party giving such notice may under the pro visions of Section 21 be ordered to pay, and no such notice shall be received by the Clerk unless accompanied by such deposit. iv an l and enforce 21— In cases where the Resident Magistrate shall con m ent of order for costa. sider that any householder as aforesaid has opposed the grant of any License without having any reasonable grounds for such opposition, it shall be lawful for him to make an order awarding and ordering that such householder shall pay to the applicant such sum for costs (to be named in the order) as to him may seem just and reasonable, and such order shall and may be enforced in the same way as an order of the like nature made under the Act 13 Victoria, Chapter 3 5 , Section 18. If no such order is made, or if the costs ordered to be paid ate less than the amount deposited as security under the provisions of Section 20, such deposit or the excess thereof, shall on application, be re turned to the party who made the same.

Summonses for and attendance of 22— The party opposing any application and the appli witnesses. cant may obtain summonses to witnesses to attend the said The Spirit License Law , 1898. [C h. 21.] 15 hearing and give evidence on the hearing of the application, and may enforce their attendance pursuant to the provisions of the Act 13 Victoria, Chapter 35, and of Law 24 of 1872, as if the former party were a complainant and the latter a de fendant.

23— On the day appointed for the consideration of any apClerk to grant un opposed applica plication for a License, the Clerk shall, if no notice of oppo tion. sition thereto shall have been served as hereinbefore pre scribed, on the presentation to him by or on behalf of the ap plicant of the Collector’s receipt as required by Section 12, grant to the said applicant a license in accordance with the form in Schedule A to this Law. If notice of opposition thereto shall have been duly served Resident Magis trate to hear and the application shall on the day appointed for its considera deal with opposed applications. tion be submitted to the "Resident Magistrate, who shall then openly hear, consider and deal therewith in priority to all other business, and if any one of the objections set forth in Section 19 be to his satisfaction established by the evidence given at the hearing, it shall be lawful for him to refuse the application, otherwise the application shall be granted. When any opposed application shall have been so granted by the Resident Magistrate, the Clerk shall on presentation to him by or on behalf of the applicant of the Collector’s re ceipt as required by Section 12, grant to the said applicant a License in accordance with the form in Schedule A to this Law. In every case in which a License is refused the Clerk shall, on demand in writing made at any time, not less than three days after such refusal, furnish to any applicant whose appli cation has been refused, a certificate in writing of such refusal, and the reasons for the same. 24— The Clerk shall keep a separate book to be providedClerk to. record licenses and pub by the Government at the public expense, and shall enter lish lists thereof. and record therein all licenses within ten days after the licenses shall have been granted by him, and shall within the same time, cause a list of the names of all persons who shall obtain licenses to be fairly transcribed, in alphabetical order, 16 [Ch. 21.] The Spirit License Law , 1898. and set up in the most public part of his Office, and shall also within the same time, transmit a copy of such alphabe tical list to the publisher of the Jamaica Gazette for publica tion therein. Transfer* of 25— Any holder of a License under this Law may at any time Licenses. apply to the Clerk to have his License transferred to some other person, or to some other premises in the same Parish. The proceedings shall be the same as are hereinbefore pro vided in the case of an application for a License under Section 16, save that in the case of an application for a transfer to another person, the application shall be signed both hv the holder of the said License and by the proposed transferee, and the transferee shall be considered to be the applicant; pro vided that in the case of an application for a transfer to some other person, any opposition shall be confined to objections to the character and antecedents of the proposed transferee; and in the case of an application for a transfer to some other premises, any opposition shall be confined to objections to the fitness, situation and sanitary condition of such pre mises. When any application for a transfer shall have been un opposed, or having been opposed shall have been granted by the Resident Magistrate, the Clerk shall, on proof to his satisfaction that the proper License duty required by this Law has been paid to the Collector, and on payment to him by or on behalf of the applicant of the sum of One Pound, grant an order for such transfer according to the form in Schedule B annexed to this Law. The above-mentioned sum of One Pound shall be accounted for, and paid over by the Clerk, at such times and in such manner, aa he is required by Law to pay over moneys received by him for stamps. The Clerk of each Parish shall cause the particulars of all such transfers to he published in the Jamaica Gazette, in the same manner and within the period in which the particulars of Licenses granted are required to be published by Section 24 of this law . Buildings used as 26— Every building or place used as a Tavern, and every Tavern or Retail shop to have inter- building or place in which spirits shall be retailed, shall The Spirit License Lau>, 1898. [Ch. 21.] 1 7 have internal communication throughout, and the premises nal communication throughout. shall be held together as one place of business; and if any such building or place shall be divided or partitioned off into separate places of business, a License shall be required for each separate building or place.

27— Every person holding a Retail, Hotel, or Tavern LiSign Boards. cense shall cause a board to be affixed and kept affixed on the front of the house in which he retails spirits, over the door towards the public street, lane, or road wherein the same shall be situated, with his name and the number of his Li cense, and the words “ Licensed to Retail Brandy, Gin, Rum, and other Distilled Spirits,” painted in white letters, two inches in size, on a black ground, under a penalty not ex ceeding Three Pounds for each and every day during which such neglect continues.

28— No person retailing spirits, holding a Retail, Tavern,Penalty for retailing Rum or Hotel License shall retail Rum at a lower proof than under certain Twenty-eight by the Hydrostatic Bubble for ascertaining proof. the strength of Rum, which bubble shall be equivalent to fifteen degrees under proof by Sykes’ hydrometer at a temperature of Eighty degrees by Fahrenheit’s thermometer, under a penalty of Forty Shillings for each offence. All rum found in any Licensed Retail shop or Tavern shall be deemed to be for sale. 29— Every person holding a Retail, Tavern, or HotelPenalty for reducing spirits License, who shall sell any spirits reduced by anything but with anything but pure water. pure water, shall on conviction thereof, be liable to a penalty not exceeding Five Pounds.

30— The hours for keeping open Retail Houses and TavernsH outb for keeping open Licensed and Hotels respectively shall be as follows :— premises. Retail Houses, between 6 o’clock in the morning and 10 o’clock at night on week days only; Hotels, between 6 o’clock in the morning and midnight on week-days and Sundays; Taverns, between 6 o’clock in the morning and 11 o’clock at night on week days, and between 7 and 8 18 [Ch . 21.] The Spirit License Law, 1898. o’clock in the morning, find 2 &nd 6 o clock in the afternoon, and 8 and 10 o’clock at night on Sundays. Subject to the provisions of section 33 of this Law, any licensed person who shall open, or cause to be open, or keep open his retail shop or tavern, as the case may be, or who shall admit any person therein, or who shall sell or cause to be sold any spirits except within the hours fixed as aforesaid, shall forfeit a sum not exceeding Ten Pounds. Provided that nothing herein shall be deemed to prevent any Tavern or Hotel-keeper from admitting and supplying refreshment to any bond fid e traveller or lodger, or any per son who has entered the Hotel or Tavern before the hour for closing, and has been dining or taking supper thereat. Pro vided that the burden of proof that any person found in a Hotel or Tavern after prohibited hours, is a person exempted as aforesaid, shall in all cases lie on the Hotel or Tavern- keeper.

Inspectors of SI_Every house or place licensed as aforesaid shall he Licensed houses. under the supervision of the Police; and it shall be lawfal for any Inspector, Sub-Inspector, Serjeant Major, Serjeant, or Corporal of Police, either alone, or with such other Constables or persons as he may call to his assistance, to enter at any time upon any such house or place within his district for the purpose of inspection, or for the better preservation of order and decency; and every person who shall obstruct any such officer or person in making any such entry, or who shall aid in making any such obstruction, shall be liable to such penalty or punishment as is by Law imposed on persons ob structing the Police in the execution of their duty.

Production of 32—Every person holding any License as aforesaid shall License in Court. he bound to produce his License in any Court of Justice if he be required to do so, and any such person failing to pro duce his License when so required, or who may be convioted of having defaced or obliterated, or attempted to deface or obliterate any record of a conviction on his License, shall be liable to forfeit such License, and shall in addition be liable to a penalty not exceeding Five Pounds. The Spirit License Law, 1898. [C h. 21.] 19 33— It shall be lawful for the Inspector, on an applica- 9 B Lioen3e. , . . . . , ' to keep open till tion being made to him in writing, to grant any Licensed midnight. Retailer or Tavern keeper within the parish, a special license to keep his premises open till midnight on any special occa sion and for any special reason, but such special license shall only apply f°r the day for which it was granted.

34— For every neglect, omission, or delay on the part Penalty for negieot, . * ■» i i • t • i omission or delay of any Clerk to perform any duty by this Law imposed on by clerk. him, he shall forfeit a sum not exceeding Five Pounds, and an additional sum, not exceeding One Pound, for each day’s subsequent delay after the first day’s default in performing such duty.

35_Every retailer of spirits shall, and he is hereby re- stock Book, &o. quired to keep a hook in which he shall record, or to other wise prove to the satisfaction of the Collector or other Officer hereinafter, mentioned, the following particulars of every lot of spirits received into his licensed premises, viz., the date of receipt, from whom received, the quantity and descrip tion of Spirits, and shall produce such Stock Book or such proof together with any Bill of Parcels, Permit, or other document which accompanied the spirits, for the inspection of any Collector or Inspector, or of any Officer of Revenue or Police, specially deputed for the purpose. Any failure to comply with the requirements of this Section shall render the retailer liable to a penalty not exceeding Ten Pounds.

36—It shall be lawful for any person to seize and de- Seizure and deten- . . , , « tion of Spirits sold tain and to call upon any Constable to seize ana detain any or exposed for sale spirits which shall be sold or exposed for sale in any manner contrary to w or place prohibited by this Law; and it shall be the duty of every Constable, either when so called on, or on view, to ap prehend and detain any person selling or exposing for sale in anv manner or place prohibited by this Law, any spirits whatsoever, and also to seize, and detain any spirits so sold or exposed for sale, and to receive and keep the spirits which may have been seized by any other person as aforesaid, and in either of the cases herein mentioned, to carry the spirits seized and detained, and also the person apprehended, before 20 [Oh. 21.] The Spirit License Late, 1898. any two Justices of the Peace of the Parish wherein such person shall be apprehended, which Justices shall proceed to the examination of the matter, and, upon due proof that the spirits are liable to forfeiture under this Law, may award the penalty by this law imposed upon the party so offending and may condemn the said spirits, which shall be thereafter sold by the Collector, and one moiety of the proceeds after deducting the expenses of sale, shall be paid to the Collector of such Parish for the use of the Government of this Island, and the other moiety to the Informer.

Offences and punishment*. 37— Any person holding any License under this Law who shall (a.) permit drunkenness or other disorderly conduct in his licensed house or premises ; or, (b.) suffer any unlawful games, or any gaming whatso ever therein; or, (c.) permit or suffer persons of notoriously bad character to assemble and meet together therein; or, (d.) supply spirits to a person already intoxicated; or, (e.) permit or suffer, or fail to use his best]endeavours to prevent and put an end to any disorderly or im proper conduct in his Licensed house; or, (J.\ deface or obliterate any record of a conviction en dorsed thereon, under the provisions of this Law, shall on conviction thereof, forfeit and pay for a first offence, any sum not exceeding Forty Shillings, and for any second offence, any sum not exceeding Five Pounds, and for any subsequent offence he shall not only forfeit and pay any sum, not exceeding Ten Pounds, but be liable also to forfeit his License. . No offence under this section shall be deemed a second or subsequent offence, otherwise than in connection with a pre vious offence or offences committed within twelve months.

Drunkenness, dis orderly conduct, 38— Every person who shall be guilty of A c . (a) drunkenness, or other disorderly or improper con duct in any part of a Licensed House; or, The Spirit License Law, 1898. [Ch. 21.] 21 (J) being engaged in any unlawful games or gambling in any part of a Licensed House, shall for every such offence, forfeit and pay a sum not ex ceeding Five Pounds and not less than Ten Shillings, or be imprisoned in any prison, with or without hard labour, for any period not less than ten or more than thirty days, at the discretion of the Judge or Justice.

39— All penalties hereby imposed, shall be recovered andRecovery and en forcement of enforced in a summary manner before any two Justices of penalties. the Peace for the parish where the offence shall be commit ted, who, if such penalties be not forthwith paid, may award imprisonment, with or without hard labour, for any period not exceeding six months where the penalty exceeds Thirty Pounds, and not exceeding three months in all other cases.

40— Whenever any penalty shall be recovered under theAppropriation of penalties. provisions of this Law, one moiety of the net proceeds thereof shall belong to the Crown, and the other moiety shall he given to the Informer.

41— Every conviction of any Licensee for an offenceEndorsement of convictions on against the Licensing Laws shall be endorsed on the License, Licenses. which shall be produced for that purpose in Court; and on a second such endorsement the License may be ordered to be forfeited, either immediately, or at the discretion of the con victing Justices, on the termination of the period for which it has been granted. If the License be ordered to be forfeited as last aforesaid, any application for a renewal of it when it expires, shall be subject to all the conditions and requirements of this Law relating to opposed applications for a License for premises not already licensed. After the forfeiture of any License under this Law, the house for which it was granted shall be and be deemed to be in all respects an unlicensed house.

Inspector’s duty as 42— The Inspector shall satisfy himself from time to time,to Taverns and in the case of a Tavern or Hotel, that the bedrooms, public Hotels. rooms and stable accommodation required by section 18 are kept up and are available for the purposes therein stated. 22 [Oh. 21.] The Spirit License Law, 1898. Any person holding a License to retail spirits, or keep a Tavern or Hotel under this Law, who shall be convicted of an indictable offence, shall on proof of the fact before a Court of Summary Jurisdiction forfeit his license. A n y person licensed to keep a Tavern or Hotel, who shall be found not to have the rooms or stabling accommodation provided for b y this Law, shall be deemed to have committed an offence against this Law, and shall forfeit his license.

SCHEDULE A. Schedule. [Form of a License to sell Spirits by Wholesale.] N o .------J m i c t ss. A.6 of the Parish of having paid to the Collector af Taxes the amount of duty for a License to sell Spirits by Wholesale, and the Stamp Duty thereon, and having applied to me for such License in ac cordance with the provisions of Section 14 of The Spirit License Law, 1898: These are to License the said to sell Spirits Wholesale, or in Quantities not lees than are mentioned in the said Law, in the said pariah from the day of 18 to the 6th day of April, in the year of our Lord, 18 Dated this day 18 Clerk of the Courts.

[Form of a License to Retail Spirits by a Retailer.] No.—— J a m a ic a s s . A B . of having under the provisions of the Spirit Li cense Law, 1898, been approved of ns a Retailer of Spirits to be consumed in or conveyed from a certain house occupied by him, situate at in the Parish of , end having paid the amount of duty re quired by the said Law to be paid prior to the granting of this Lioenae: These ore to License the said to sell and dispose of 8pirits by Retail, to be drunk and oonsumed on the premises above-mentioned, or to be taken therefrom at the option of the purchaser in quantities not exceed ing the quantities authorised by the said Law; and subject to the provi sions of the said Law. This Lioenae shall be in force, from the da)' of subject to the provisions of the said Law, until the fifth day of April, in the year of our Lord, One Thousand Eight Hundred and Dated this day of 18

Clerk of the Courts for the Pariah of

(Form of a Tavern Lioenae). N o.------J a m a ic a s s . A R of having under the provisions of the Spirit Li cense Low, 1898, been approved of as a Retailer of Spirits to be drunk and oonsumed in a certain Tavern for the accommodation of Travellers, situate at in the Parish of ; and h av in g paid The Spirit License Law, 1898. [Ch . 21.] 23 the amount of duty required by the a dd Law 1o he paid prior to the granting of this License : These are to License the said to sell and dispose of Spirits hy Retail, to be drunk and consumed on the above-mentioned premises, and not otherwise, and subject to the provi sions of the said Law. This License shall, subject to the provisions of the said Law, be in force from the day of until the fifth day of April in the year of our Lord One Thousand Eight Hundred and Dated this day of 18 .

Clerk of the Courts for the Parish of

(Form of a Hotel License.) N ° . - S J a m a i c a s s . A.B. of having under the provisions of the Spirit Li cense Law, 1898, been approved of as a Retailer of Spirits to be drunk and consumed in a certain Hotel, situate at , in the Parish of , and having paid the amount of duty required hy Law to he paid prior to the granting of this License: These are to License the Baid to sell and dispose of Spirits to he drunk and con sumed on the above-mentioned premises, subject to the provisions of the gaid Law. _ _ This License shall, subject to the provisions of the said Law, be in foTce from the day of until the fifth day of April, in the year of Our Lord One Thousand Eight Hundred and Dated this day of , 18 .

Clerk of the Courts for the Parish of

SCHEDULE B. (Form of Order for a Transfer License.) No---- - Jamaica ss. A. B. of carrying on business as a Retailer of Spirits, or Tavemkeeper, at in the Parish^ of having, under the provisions of the Spirit License Law, 1898, applied for permission to transfer his License from the house for which it was originally granted, to the house now in his possession at in the said Parish (or to of in the said Parish as the case may be,) and all the conditions of the said Law relating to transfers having been complied, with and the proper License duly paid, the application to so transfer the License as above mentioned has been granted and is hereby authorized. Dated this day of 18 Clerk of the Courts for the Parish of

JAMAICA—LAW 22 OF 1898.

^ Law to ■provide fo r the notification of Infectious Diseases. [fnd July, 1898. ] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows :— 1__This Law may he cited as “ The Infectious Disease Noti- Short Title. fication Law, 1898.”

2__(l) Where an inmate of any building used for human Duty to notify habitation is suffering from an infectious disease to which this Law applies, then, unless such building is a hospital in which persons suffering from an infec tious disease are received, the following provisions shall have effect, that is to say^H (a) The head of the family to which such inmate (in this Law referred to as the patient) belongs, and in his default, the nearest relatives of the patient pre sent in the building, or being in attendance on the patient, and in default of such relatives, every per- '1 son in charge of or in attendance on the patient, and in default of any such persons, the occupier of the building shall, as soon as he becomes aware that the patient is suffering from an infectious disease to which this Law applies, send notice thereof to the Medical Officer of Health of the district, and if there is no such Officer, to the District Medical Officer of the District. 2 [Oh. 22.] Infectious Diseases Late. (fi) Every medical practitioner attending on or called in to visit the patient, shall forthwith on becoming aware that the patient is suffering from an infec tious disease to which this Law applies, send to the Medical Officer of Health for the district, or if there be no such Officer, to the District Medical Officer and to the Local Board of Health, a certificate stating the name of the patient, the situation of the building, and the infectious disease from which, in the opinion of such medical practitioner, the patient is suffering. (c) Every District Medical Officer and Medical Officer of Health receiving a notification under this Section, shall forthwith report the same to the Central Board of Health. (d) The Central Board of Health may, if in any case reported under this Law they think it desirable, direct a second medical practitioner to be named by the Board to visit the patient in consultation with the medical practitioner in attendance and report on the case. (2) Every person required by this Section to give a no tice or certificate who fails to give the same, shall be liable on summary conviction before the Resident Magistrate, or two Justices of the Peace, to a fine of forty shillings. Provided, that if a person is not required to give no tice in the first instance, but only in default of some other person, he shall not be liable to any fine if he satisfies the Court that he had reason able cause to suppose that the notice had been duly given.

Form of certificate. 3—(1) The Central Board of Health may from time to time prescribe forms for the purpose of certificate under this Law, and any forms so prescribed shall be used in all cases to which they apply. Infectious Diseases Law. [Ch. 22.] 3 (2) The local authority shall gratuitously supply forms of certificate to any medical practitioner residing or practising in their parish who applies for the same.

4—In this Law the expression “ infectious disease to which Definition of ln- . _ i . ,, , , . „ , , feotious disease to this Law applies, means any ot the following diseases, which this Law namely:—small-pox, cholera, diphtheria, thedisease knownas al>phe8, scarlatina or scarlet fever, and the fevers known by any of -the following names :—enteric, yellow, or puerperal, and in cludes as respects any parish or the island, any infectious disease to which this Law has been applied by the Governor in Privy Council.

5 —(1) The Governor in Privy Council may from time to Goyemor in Privy time order that this Law shall apply in any parish or orders ex™nding^* parishes, or in the whole island to any infectious disease ^ aa£p^catlon of other than a disease specifically mentioned in the law. (2) Any such order may be permanent or temporary, and if temporary, the period during which it is to continue in force shall he specified therein, and any such order may be varied or revoked. {3) Any order under this Section shall be published in the Jamaica Gazette, and public notice thereof shall be given by advertisement in the local newspapers and otherwise, in such manner as the Governor shall de termine. A copy thereof shall also be sent to each registered medical practitioner, who after due enquiry, is ascertained to he residing or practising in the area dealt with by the order. (4) The said order shall come into operation at such date, not earlier than one week after the publication of the first advertisement, as the Governor in Privy Council may fix, and upon such order coming into operation and during the continuance thereof, an infectious dis ease mentioned in such order shall within the area mentioned in such order, be an infectious disease to which this Law applies. (5) In case of emergency three clear days notice under this Section shall he sufficient. 4 [Ch . 22.] Infectious Diseases Law. (6) The statement in the Jamaica Gazette that the case is one of emergency, shall be conclusive evidence of that fact. Requirements of 0—(1) A notice or certificate for the purposes of this Lair notice or certificate* shall be in writing, or print, or partly in writing and partly in print; and for the purposes of this Law the expression “ print”, includes any mechanical mode of reproducing words. (2) A notice or certificate to be sent to a medical officer of health in pursuance of this Law, may be sent by being delivered to the officer, or being left at his office or re sidence, or may be sent by post addressed to him at his office or residence, free of charge. (8) A notice or certificate to be sent to the Central Board of Health in pursuance of this Low, may be sent by being delivered to the Secretary, or being left at the office of the Central or Local Board of Health, or may be sent by post or telegraph addressed to the Secretary at the Office of the Central or Local Board of Health, free of charge.

Expenses incurred 7—Any expenses incurred by a local authority in the exe- S iT w B 00,1 cution of this Law, shall be paid out of the Sanitary Fund, or such other fund as the Governor may direct. Any expenses incurred by the Central Board of Health in the execution of this Law, shall be paid out of General Revenue, on the warrant of the Governor. The District Medical Officers when carrying out their du ties in connection with this Law, shall be re-imbursed the actual and necessary travelling expenses incurred by them.

Ships t«smU or 8—(1) The provisions of this Law shall apply to every ship, vessel, boat, tent, van, shed, hut, or similar struc ture used for human habitation, in like manner as nearly as may be, as if it were a building. (2) A ship, vessel, or boat lying in any river, harbour, or other water, not within the district of any local [Ch. 22.] 5 authority within the meaning of this Law, shall be deemed for the purposes of this Law to be within the district of such local authority as may be .fixed by the Governor in Privy Council, and where no local au thority has been fixed, then of the' local authority of the district which nearest adjoins the place where such ship, vessel, or boat is lying, (3) This Section shall not apply to any ship, vessel, or boat belonging to any foreign government. 9—In this Law Definitions, the expression “ local authority,” means the Parochial Boards of the several parishes of this Island ; the expression “ occupier,” includes a person having the charge, management, or control of a building, or of the part of a building in which the patient is, and in the case of a house, the whole of which is let out in separate tenements', or in the case of a lodging house, the whole of which is let to lodgers, the person receiving the rent payable by the tenants or lodgers, either on his own account, or as the agent of another person, and in the case of a ship, vessel, or boat, the master or other person in charge thereof. “ District Medical Officer,” means a duly qualified medical practitioner who is paid a salary, whether from general revenue or parochial funds, and whose duty it is to give medical attendance within a district or districts of a parish, to persons entitled to poor relief. “Medical Officer of Health,” means a duly qualified medical practitioner appointed, whether temporarily or perma nently, under the authority of the Sanitary Laws of the Colony, to he a Health Officer for a district controlled by a Local Board of Health.

JAMAICA—LAW 23 OF 1898.

The Revenue Temporary Protection Law, 1898. \2%nd April, 1898. ] E it enacted by the Governor and the Legislative Council Preamble. B of Jamaica, as follow s:—■

1—When the Governor in Privy Council shall, during any Power for the Governor in Privy Session of the Legislative Council, have approved of the intro Council, to impose duction into the Legislative Council of a bill whereby, if such or alter import duties set forth in bill be passed into law, an import or excise duty shall he im Bill approved for introduction into posed on any article or articles previously exempt from im Legislative Coun port or excise duty, or whereby the import or excise duty or cil. duties previously payable on any article or articles shall be altered, it shall be lawful for the Governor in Council to issue an order to the Collector General to demand and to levy on such article or articles, the respective duty or duties set forth in such hill as the duty or duties to be levied on such article or articles respectively, in lieu of the duties payable thereon respectively under the existing law.

2__Every such order shall come into force on the day on Coming into force and duration of which a motion for the first reading of such bill shall be made order. in the Legislative Council, and shall have the effect and force of law so long as the said order shall remain in force. Every such order shall expire and cease to be in force, (1.) On the rejection by the Legislative Council of the bill in respect of which such order was issued, or on the withdrawal of such bill, or on its consideration by the Legislative Council being adjourned m e d ie; or, 2 [Ch. 23.] The Revenue Temporary Protection Late, 1898. (2.) On such bill being passed into a law by the assent thereto of the Governor, or of Her Majesty the Queen being given thereto.

Refund of duties. 3—So much of any duty as shall have been paid on any article under the provisions of this Law, as may be in excess of the duty payable on such article immediately after the ex piry of any order made under the provisions of this Law, shall be repaid to the person who paid the same.

Collodion of excess

The Criminal Law, Amendment Law, 1898. [20th July, 1898-1

HEREAS it is desirable to further amend the Criminal Preamble. W Law in so far as it relates to the Defilement of Girls between the ages of 12 and 14 years:— Be it enacted by the Governor and Legislative Council of Jamaica, as follows:—

1—There shall be added the following proviso to Section Section 42 of 27 Yict. Sess. 1, Ch. 42 of 27 Victoria, Session 1, Chapter 32, as amended by Law 32 amended. 10 of 1890, Section 2:— “ Provided that it shall be a sufficient defence to any charge under this Section, if it shall be made to appear to the Court or Jury before whom the charge shall be brought, that the person so charged had reasonable cause to believe that the girl was of or above the age of 14 years. Provided also, that no prosecution shall be commenced for an offence under this Section more than 3 months after commission of the offence.’’

JAMAICA—LAW 25 OF 1898.

The Gambling Taw, 1898.

[This Law had not heen assented to when the Laws of the Session of 1898 were published in the form of a Volume on 27th October, 1898.] © JAMAICA—LAW 26 OF 1898. The Solicitors Law, 1896, Amendment Law, 1898. \6th July, JSS8.] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows :— 1—From and after the passing of this Law, any person Application to strike Solicitor off wishing to make an application to strike the name of a Soli the Bolls, or to answer allegations citor off the Rolls, or to require a Solicitor to answer allega may be by Sam tions contained in an affidavit, may take out a summons call mons. ing upon the said Solicitor to show cause before a Judge in Chambers why he should not be so struck off or answer the said allegations, and the Judge who hears the summons shall have full power to deal with the matter, subject to the right of appeal to the Supreme Court. But nothing in this Law, and nothing in Law 36 of 1896 contained, shall disentitle any such person from proceeding by way of motion in the Su preme Court, if he elects so to do. 2—Any Solicitor against whom application is made under Solicitor may require application Section 14 of Law 36 of 1896, may within four days after re to be by summons. ceiving notice of such application, give notice to the Registrar that he requires the application to be made by summons be fore a Judge in Chambers, and thereupon the Registrar shall notify the applicant, who shall then proceed by summons in form and manner prescribed by Section 1 of this Law. Provided, that if any Solicitor avails himself of this section, Security for costs. he shall, if a Judge shall so order, pay the Solicitor of the complainant such sum as the Judge shall deem sufficient to provide for the complainant’s costs of the application, and in the event of an appeal, the costs thereof. Provided also, that in disposing of the matter, the Judge or the Court may make such order for the refund by the complainant of any sum so advanced as aforesaid, as the Court may think fit.

JAMAICA—LAW 27 OF 1898.

The Rates Collection Law, 1898. [2nd July, 1898.] HEREAS it is desirable that the statutory provisions re Preamble. W lating to the collection of Taxes should apply to the collection of Rates; Be it enacted by the Governor and Legislative Council of Jamaica, as follows

i B a II' Rates levied or imposed, or hereafter to be levied Rates to be deemed. Taxes within the or imposed under or by virtue of any Law of this Island, meaning of Law 32 shall be deemed to be Taxes within the meaning of “ The Tax of 1867. Collection Law, 1867,” and all Laws in aid of or amending the same.

JAMAICA—LAW I

The Tariff Law, 1898. [13th May, 1898.] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica as follows 1—On and after the coming into operation of this Law, Duties as per first there shall he raised, levied, collected and paid unto Her Ma- jesty, her heirs and successors for the use of the Govern ment of this Island, upon the several articles imported into this Island and enumerated in the first and second Schedules to this Law, the several duties therein set forth in lieu of the duties now payable on the said articles respectively, or in lieu of exemption from duty, as the case may be. 2— The articles and things enumerated in the third Sche- free List>s per dule to this Law shall, after the coming into operation of this tInrd Schedule- Law, he admitted into the Island free of duty in lieu of the articles and things heretofore admitted free of duty under the provisions of Law 11 of 1867, “ A Law for laying a Duty I on Imports, Exports, and the Tonnage of Vessels,” and Law 26 of 1890, Law 1 of 1892 and Law 34 of 1896 amending the same, which last mentioned articles or things shall no longer he admitted free of duty.

3— The following shall he exempt from duty, viz..— Exemptions from duty. Provisions and stores imported by the Local Government for the Public Service, and stores, tools and materials for the Kingston General Commissioners, the Spanish Town Water 2 [Oh. 28.] The Tariff Law, 1898. Works Commissioners, or for any Parochial Board, on the Certificate of the Revenue Commissioner.

Refund of duties. 4—Whenever any local merchant or trader shall have supplied any goods, wares, or merchandize to the local Go vernment for the Public Service, or to the Kingston General Commissioners, the Spanish Town Water Works Commis sioners, or to any Parochial Board for any Public or Paro chial service, the purchaser on production of a certificate from the Revenue Commissioner, shall be entitled to a refund of the duty proved to have been piid on the first importation of such goods: provided they have been imported within the limit of time specified in Section 6 of Law 11 of 1867, and Section 107 of Law 18 of 1877, as the limit within which draw backs may be claimed on goods exported.

Drawback*. &—After the passing of this Law drawbacks of duty shall be allowed, under Regulations approved by the Governor in Privy Council, and subject to the provisions of the several Acts or Lows for the time being in force with reference to drawbacks, on the exportation of the following, namely:— Any materials or things which are not grown or pro duced in this Island, and have been imported into and duly paid import duty in this Island, and used in the construction, manufacture, or equipment of any vehi cle, machine, or appliances, or for putting up and ex porting any of the produce of this Island in a manu factured, or partly manufactured, or preserved form, or in the course of making any tins, boxes, packages, or cases for such purpose. No application for a drawback under this Law shall be made or entertained when the original value of the mate rials or things used for the manufacture or equipment, or the putting up of any such vehicle, machinery, appliance, or produce shall be less than two pounds.

Commenoemen t 6—This Law shall come into operation as from and after and duration of Law. the date of the Governor's assent thereto, and shall continue in operation until the 80th day of April, 1899. The Tariff Law, 1898. [Oh. 28.] 3

SCHEDULE m Schedule I.

Bacon, per lb, . ... ieo 0 2 Beef, wet salted or cured, per brl. of 200 lbs. 0 15 0 Do. smoked or dried, per lb. 0 0 2 Bread and Biscuit, per lb. 0 0 04 Butter and Butter substitutes, per lb. 0 0 2 Cheese, per lb. 0 0 2 Chicory, per lb. 0 0 6 Fish, viz. : Alewives, Herrings, Mackerel and pickled unenumerated, per barrel of 200 lbs. 0 4 0 Gunpowder, Dynamite and other explosives, per lb. 0 1 0 Hams, per lb. 0 0 2 Lard, per lb. 0 0 1 Lard substitutes including cottoline per lb. 0 0 i Matches, Lucifers and others, per gross of twelve dozen boxes, each box to contain 100 sticks, and boxes con taining any greater or lesser quantity to be charged in proportion 0 4 0 Meal, not wheat meal, per barrel of 196 lbs. 0 2 0 Pork, wet salted or cured, per brl. of 200 lbs. 0 15 0 Spirits—Brandy, Whisky, Gin and other distilled spirits, per gallon of proof spirit as ascertained by Sykes (or Sikes) Hydrometer 0 16 0 Provided that in no case shall the duty be less than 12s. 6d. per liquid gallon. Do. Cordials, Liqueurs and similar spirituous com pounds, not being Perfumes, per gallon, irrespective of strength 0 12 6 Tobacco, leaf, per lb. 0 1 0 Animals, alive, except pure bred certificated stock for breeding purposes: Homed Stock, per head 1 0 0 Horses, mares aud geldings, and mules, per head 2 0 0 Asses, per head 0 10 0 Sheep, goats and swine, per head 0 2 6 Eggs per thousand 0 0 1 Molasses per 100 gallons 0 0 1

SCHEDULE II. Scehdule H.

On all articles of food and drink for man, not otherwise enumerated, that is to say Farinaceous substances, viz : — Starch of Com, Fish, viz.: — Oysters, Preserved in cans, Preserved other than by salting, Fruits, Preserved ; Meat, viz. V Beef and Pork preserved in cans other than by salting, Tongues, dried or smoked, Milk, Condensed, 4 [Oh . 28.] The Tariff Laic, 1898.

Pickles, Vinegar, Saaces, Condiments and Confectionery, Provisions not otherwise enumerated, Yeast cake and baking powder, And all other articles of food or drink or articles in tended to be used, or incorporated with food or drink, not otherwise specially enumerated for every one hundred pounds value ...... £20 0 0 On all articles of apparel and personal adornment, that is to say:— Apparel and Slops for every one hundred pounds value, £25 0 0 Cottons, viz.:—Hosiery of Cotton or of Cotton mixed with other material, for every one hundred pounds value 25 0 0 Haberdashery and Millinery, including embroidery and needlework (comprehending all minor articles used in the making up of apparel or of mixed or und< scribed materials and not capable of being accurately allotted to the separate heads of cotton, linen, silk, or woollen manufactures), for every one hundred pounds value 25 0 0 Hats. Bonnets and Caps whether of felt, cloth straw or any other material for every one hundred pounds value 25 0 0 Linen manufactures; Piece goods, Other manufactures for every hundred pounds value 20 0 0 Silk manufactures, viz.:— Broadstuffs of silks or satin, Handkerchiefs or shawls and ribbons of all kinds unenumerated for every hundred pounds value 25 0 0 Woollen and Worsted manufactures, viz.:— Cloths of wool, Cloths mixed with other material and Woollens unenumerated for every hundred pounds ▼alue 20 0 0 Boots and shoes whether of leather, canvas, rubber or other material for every one hundred pounds value 25 0 0 Perfumery and perfumed waters of all descriptions also perfumed soap and similar toilet requisites, on every hundred pounds value ... 25 0 0 Umbrellas and parasols, for every one hundred pounds ▼alue ... 20 0 0 On all articles of hardware, cutlery, plat* d ware, jewellery and fancy goods, manufactured wholly or partly of m etal: that is to say, All articles not otherwise enumerated for use in arts, sciences, trades, or manufactures, or for domestic purposes, including implements, tools and appliances, utensils, stoves and accessories, ana all arti cles used in the construction, equipment, adornment or furnish ing of houses or other buildings and structures, or in the enclosing, dividing, equipment, adornment or furnishing of gardens and pleasure grounds, save and except beams, girders, rafters, columns, staircases, floor plates, sheets and tiles for roofing, and roof or eaves gutters, and pots and crucibles for melting metals, Chests, trunks and boxes of metal. Weights and scales and weighing machines, Cages and coops for birds or other animals, Traps for catching vermin, Lamps, lanterns and lamp ware, The Tariff Law, 1898. [Ch 28.] 5 Firearms, swords, daggers and other offensive or de- fensive weapons, Bazors, knives and scissors of all descriptions and sizes, and Forks and spoons of all descriptions and sizes for every hundred pounds value ... £20 0 0 ; Gold and silver plate and other ware, plated and gilt ware, clocks and watches, bells and accessories and appli ances therefor, jewellery, fancy articles, bric-a-brac and other articles of “ virtu” and articles for personal use and adornment for every hundred pounds value 25 0 0 And on any part or parts of every one of the above- mentioned articles for every one hundred pounds value according to the same rates as for the completed article. On carts, waggons, cars, and barrows, with or without springs, of all descriptions, not being vehicles of pleasure and parts thereof, every one hundred pounds value 5 0 0 Other vehicles ordinarily used as vehicles of pleasure, for every hundred pounds value ... 20 0 0 Patent medicines, not being pharmacopoeial drugs 20 0 0 And after these rates for any greater or less quantity of such goods respectively.

SCHEDULE III. Schedule III.

F ree List. Animals, alive, not enumerated, including poultry and other birds. Apparatus and appliances of all kinds for generating, storing, conducting, converting into power or light and measuring electricity. Apparatus and appliances for generating and storing gas. Bags and sacks made of flax, hemp, or jute Bees, Beehives and all accessories for apiaries. Belting for machinery. Hooks, printed, bound and unbound ; pamphlets, newspapers and printed matter ; in all languages. Bridges of iron, steel, or wood, or combination thereof. Bullion and coins. Coal, coke and patent fuel. Cotton Seed, including meal and meal cake. Cotton wool. Fertilizers of all kinds, natural or artificial, including guano and other manures. Fresh Fish. Fire engines and fire extinguishers. Fruits and vegetables, fresh. Hydraulic Presses. Ice. 1 % I H H H Implements, utensils and tools for agriculture, including axes, bill-hooks, cutlasses, diggers, forks, grass knives, hoes, picks, shovels and spades. Lime of all kinds. Locomotives, railway rolling stock and parts thereof, rails, railway ties and all materials for railways and tramways. Lymph for vaccination. Machines for preparing fibre or for spinning cotton or wool and sewing machines. 6 [Ch. 28.] The Tariff Law, 1898. Machines for preparing for m arket coffee, cocoa, kola and pimento. Molt dust. Mess plate and furniture, band instruments for the use of the Army, Navy or Militia on the certificate of the Military or Naval Com m anding Officer. M ills, whether for grinding canes, paint, coffee, corn or grain, or for saw ing timbers or raising water, and all parts of such mills. Oil cakes for feeding cattle. Pans for boiling sugar. Pipes for conveying fluids, including fire and other hose, but not including hollow columns for supporting any part of a building or any roof. Printing paper, presses, types, rules, spaces and all accessories for printing. Pumps for raising water Rock salt. Shooks, tierce, puncheon, hogshead, barrel and cask, and shooks for boxes used in packing native agricultural produce. Slates for roofing, school slates and slate pencils. Specimens illustrative of natural history, mineralogy and geology. Steam engines, boilers and steam pipes and pans thereof, and prime mo tor engines of all kinds and parts thereof, and machines, machinery and apparatus, whether stationary or portable, worked by power or by hand, for agriculture, irrigation, mining, the arts and industries of all kinds, and all necessary parts and appliances for the erection or repair thereof, or for the communication of motive power thereto. Stills and all parts thereof. Tallow and animal greases, grease, or slush. Tan bark of all kinds, whole or ground Tow. Trees, plants, vines, and seeds and grain of all kinds, not otherwise enu merated, for propagation or cultivation. Tortoise shell and turtle ahelL W ire of all kinds coated or uncoated. Wire netting for fences, and iron standards and droppers for fences of wire, and hooks staples and like appliances for fastening the wires of fenoes. Wood hoops and truss hoops. Wood staves and headings. JAMAICA—LAW 29 OF 1898.

The Kingston and Liguanea Water Works Further Loan Law, 1898. [Snd July, 1898.'] HEREAS it is expedient to increase and improve the Preamble. W supply of water to Kingston and the Liguanea Plains, and with that object to build additional filter beds and set tling reservoirs, to lay down additional mains and acquire additional lands and water rights : And whereas it is expedient to empower the Governor, for and on behalf of the Kingston General Commissioners, to raise an additional sum of Forty Thousand Pounds for the purpose of the aforesaid works: Be it enacted by the Governor and Legislative Council of Jamaica, as follows :— 1—The Governor may from time to time, raise by way of Goyemor may loan, any sum or sums, not exceeding in the aggregate Forty raue lolm' Thousand Pounds, for the purposes of this Law.

2—With this Law are incorporated the Debenture Law, incorporation of J.8,95, and the Inscribed Stock Law, 1885. 3—Every Debenture issued under this Law shall bear in- interact, terest at a rate to he fixed by the Governor, not exceeding four per cent, per annum, payable half yearly in the months of January and July in each year.

4—All moneys to be borrowed under the provisions of this Moneys borrowed ' . , i Jo b e paid,to. Law shall be paid by the lender, or remitted by the brown Treasurer. Agents, to the Treasurer, to the credit of the Commissioners. 2 [Oh. 29.] Security for 5— All moneys borrowed under the powers conferred by moneys borrowed. this Law, shall he a charge upon the “ Company’s property,” as defined by Law 16 of 1871, and upon all moneys received by the Commissioners for the 6ale of water and all rates fixed, declared and levied, under the powers conferred by Law 18 of 1876, and the proceeds of the said rates and of the sale of water as aforesaid shall be, and the same are hereby specially pledged to the payment of the interest of the Debentures or Inscribed Stock issued under this Law, and to their redemp tion by means of the Redemption Fund.

Power and duty to 6— In case it shall be found by the first day of June in any increase rates and charges. year, that the proceeds of the sale of water and of the rates specially pledged as aforesaid, as collected up to that day, after deducting therefrom the sums already charged thereon, and the necessary working expenses of the Kingston and Liguaoea Water Works, amount to less than five per cent, on the total value of the whole of the Debentures or In* scribed Stock previously issued, (including any which have been purchased by the Trustees) the Commissioners shall, and they are hereby required, forthwith to increase the rates aforesaid, and the price charged for water beyond the limits of Kingston, proportionably to such extent as may be neces sary, in order during the ensuing year, both to make good the deficiency in the past year, and also to make the mini, mum contribution to the Redemption Fund for such year.

Notification of 7— It shall be lawful for the Commissioners to increase the increased rates and chargee. rates and charges aforesaid by notice, to be posted up in tbeir Office, and published in the Jamaica Gazette, to the effect that the rates imposed by Law 18 of 1876, and the charges theretofore in use beyond the limits of Kingston, having proved insufficient for the purposes for which they were im posed, the Commissioners have, in exercise of the powers by this Law vested in them, made such and such an increase in them.

Reduction of rates and charges. Alter the publication of the notice aforesaid, the rates and charges shall be payable at the increased amount, instead of the rates fixed by the said Law, and the charges heretofore [Ch. 29.] 3 in use as aforesaid and shall continue to be payable at such increased amount until they shall be reduced by notice in the same way as they were increased: Provided always, that reduction or reductions in the present or increased rates or charges, may be made by the Commissioners on the certificate of the Auditor General, that he has been satisfied that the reduction can properly be made, consistently with the re" quire ments of this Law. 8—The Kingston and Liguanea Water Works Further Repeal Loan Law, 1897 (Law 30 of 1897), is hereby repealed. i;'<" a JAMAICA—LAW 30 OF 1898. (XaaaJ; >S' trp4(Tl'

A Law to Amend Law 37 of 1896, The Produce Protection Law. [8th July, 1898.'] HEREAS it is necessary to amend Law 37 of 1896: Preamble. Be it enacted by the Governor and Legislative CouncilW of Jamaica, as follows :— 1—The several sections and parts of sections of the principal Law, (37 of 1896) are hereby repealed and amended to the extent and in the particulars hereinafter mentioned, that is to say (1.) Section 3, Sub-Section (a), is amended by deleting the word “ Six” in the second line, and substituting therefor the word “ Seven.” (2.) Section 4 is repealed, and the following substituted in lieu thereof-J' i “ 4—Any Licensed Produce Dealer may personally, or by any person in his employment, purchase and sell Agricultural Produce on the premises specified in his license. Such license shall be in the form given in the first Schedule to this Law, and shall be trans ferable from place to place within the Parish, sub ject to the approval of the Resident Magistrate, and shall be transferable from person to person, on the conditions required in the case of the issue of a new License under this Law, except that payment of License Duty shall not be required. Provided, that any Licensed Produce Dealer may personally, or by any person in his employment, purchase Agricul tural Produce on the premises of the seller.” 2 [Ch . 30.] “ A separate license shall be necessary for each separate class of produce and premises used by a Licensed Produce Dealer for the purchase and sale of Agri cultural Produce : Provided nevertheless, that one or more licenses for different classes of produce may be used on the same premises." ho^kSuJUy} (3) In Section 5, the words “ No. 2 Class, four shillings” are hereby substituted for “ No. 2 Class, One Pound” Hjfl, in line 6; and in Sub-Section (d) the following words “ at least two Justices of the Peace of the Parish” in. lines one and two are repealed, and the words “ a Jus tice of the Peace, or member of th,e Parochial Board, Minister of Religion, or householder paying direct taxes to the extent of five pounds” inserted in lieu thereof. (4.) Section 8 is hereby amended by omitting in lines 3 and 4, the words “ also to the Collector General who." (6.) The following proviso shall be added to Section 10: “ Provided that it shall be lawful for the Resident Ma gistrate to grant a license to purchase produce speci fied in Class 2 of the second Schedule hereof to any person entitled to such license, although such per son may not have any fixed place of business in such parish." (6.) The following proviso is hereby added to Section 14:— “ Provided that when such produce in transit as aforesaid is in charge of the owner thereof, it shall be sufficient for him to give his name and address.” (7.) Section 16 is hereby repealed, and the following substituted therefor:— “ Any person carrying produce of Class 8 of the Second Schedule hereto, along any public road, or water highway shall, if required by any Policeman, or Justice of the Peace for the parish in which the [Oh. 30.] 3 demand is made, forthwith produce the Certificate, or, if he be the owner of such produce, satisfy the Policeman or Justice of the Peace, that he is such owner, and give his name and address as required by Section 14 of this Law. Refusal to produce such Certificate without lawful excuse, or to give his name and address, or giving a false name or address, shall be an offence under this Law. (8.) Section 20 is hereby repealed. (9.) The third Schedule is hereby repealed, and the fol lowing substituted therefor:—

THIRD SCHEDULE. FORM OF CERTIFICATE.

Name of Owner. Description of Produce. Place of destination of Produce.

Date. Signature, or witnessed mark of person or persons sending the produce.

JAMAICA—LAW 31 OF 1898.

A Law to amend the Rum Duty Laws, 1878-189 [24th May, 1898.'] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows 1—Xhis Law may be cited as “ The Rum Duty Law, 1898.” Short Title.

2—Sections 1, 9 and 10 of A Law to amend the Rum Duty Repeal. Laws, 1878-1890, being Law 12 of 1894, are hereby repealed.

3—The duty to be raised under the provisions of Law 10 of Duty. 1878, shall be a duty at the rate of five shillings upon every imperial gallon of rum of the strength of proof as ascertained by the instrument known as Sykes,’ or Sikes’ Hydrometer, and the tables of calculations to he used in connection therewith, and so in proportion for any greater or less degree of strength, or any greater or less quantity.

4—The owner of any duty paid rum exported, shall be en Drawback. titled to,a drawback of the duties paid on such rum at the rate of five shillings upon every imperial gallon of the strength of proof as ascertained by the hydrometer aforesaid, subject to such regulations as may be approved by the Governor in Privy Council. 5—Section 46 of Law 10 of 1878 is hereby repealed. Repeal. 6—This Law and Laws 10 of 1878, 35 of 1881, 11 of 1889 Incorporation Laws. and 12 of 1894 shall be taken and read together as one Law, and may be cited as “ The Rum Duty Laws, 1878-1898.”

JAMAICA—LAW 32 OF 1898.

A Law to allow and confirm certain expenditure in 1896-97. [Snd July, 1898. HEREAS expenditure was necessarily incurred during Preamble. W the Financial Tear 1896-97 on certain services not provided for or not fully provided for by Law 29 of 1896. Be it enacted by the Governor and Legislative Council of Jamaica, as follows:— _The expenditure during the Financial Tear 1896-97 to Expenditure con 1 firmed. the amount of three thousand four hundred and nineteen pounds eight shillings and one penny farthing, on certain services set forth in the Schedule to this Law annexed, and not provided for, or not fully provided for by Law 29of 1896, is hereby allowed and confirmed. SCHEDULE.

Charges of Debt 0 7 8 Schedule. Postal Service ,150 14 10£ Judicial 185 9 5 Harbours and Pilotage 66 6 9 Military 252 0 41 Registrar General’s Department... 56 4 2 Registration of Titles 72 10 7 Government Printing Office 279 9 6 Institute of Jamaica 13 2 2 Rio Cobre Irrigation Works 271 6 0 16 Cattle Disease Inquiry 1,071 74 £3,419 8 l i

JAMAICA-fLAW 33 OF 1898.

The Spanish Town Water Supply Law, 1877, Amendment Law, 1898. [2nd July, 1SS3.] HEREAS doubts have arisen whether since the aholi- Preamble. tion of the Rio Cobre Canal Commissioners by Law 6 ofW 1896, there has been any body of persons lawfully exercis ing the powers and performing the duties of the Spanish Town Water Commissioners: And whereas it is expedient to settle such doubts, and to provide that the Colonial Secretary of Jamaica shall have all the rights, powers and immunities, and be subject to all the rules and liabilities imposed by law on the said Spanish Town Water Commissioners: Be it enacted by the Governor and Legislative Council of Jamaica, as follows :—

1—The terms “ Spanish Town Water Commissioners” and Colonial Secretary “ Commissioners,” wherever they occur in the Spanish Town Water Supply Law, 1877 (No. 16 of 1877), shall henceforth, unless such construction is repugnant to the context, be read as if in lieu thereof the term “ Colonial Secretary of Ja maica” had been inserted, so that from and after the passing oi this Law, the Colonial Secretary of Jamaica shall in all respects have and enjoy all rights, powers and immunities, and be subject to all duties and liabilities, in as full and ample a manner as if fie had been named in the said Spanish Town Water Supply* Law, 1877, instead of thve Rio Cobre Canal Commissioners, or instead' of the Spanish Town Water Commissioners. 2 [O h . 8 3 .] Actions to which 2— Any action, suit, or proceeding now pending, to which Commissioners are a p a r ty . the Commissioners are a party, shall after the passing of this Law be continued or carried on as if the Colonial Secretary of Jamaica had been or was party thereto from the begin ning, and all rights, whether of property or of action, at the time of the passing of this Law rested, or supposed to be rested in the Commissioners, or in any party against the Commissioners, shall henceforth be rested in, or may be en forced against the said Colonial Secretary.

Indemnity* 3— Anything done under the authority, or supposed autho rity of the said Law, 16 of 1877, and by reason of the belief that the Bio Cobre Canal Commissioners continued to be and were up to the passing of this Law the Commissioners for the Spanish Town Water Works, is hereby declared to hare been and to be lawful, and all persons are hereby in demnified and held harmless in respect of anything done by them as aforesaid.

Incorporation of 4— This Law shall be read as one with The Spanish Town Laws. Water Supply Law, 1877. JAMAICA—LAW 34 OF 1898.

A Law to enable the Governor o f Jamaica to appoint a Com missioner fo r the Cayman Islands. \_12th Augmt, 1898.'] E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows ft#': 1—This Law may be cited as “ The Cayman Islands Com- Short Title, missioners Law, 1898.”

2—The Governor of Jamaica may appoint an officer Power to appoint to administer the affairs of the Cayman Islands to be called commissioner.0 “ The Commissioner.” The salary for such Commissioner shall he fixed by the Governor of Jamaica, but shall not ex ceed £300, and shall be a charge upon, and shall be provided from the revenues of the said Islands.

3—The Commissioner shall perform all such duties as the Duties, powers, &o. Governor of Jamaica may from time to time direct. Subject to such directions, he shall perform all the duties, aud have all the rights, privileges, authority and jurisdiction, which hitherto have been performed by, and have been vested in the Custos, the Collector General and the Public Treasurer of the said Islands. It shall also be the duty of the Commissioner to attend all sittings of the Grand Court. He shall preside at such sit tings, and when sitting alone, he shall have and exercise all jurisdiction and powers which are now, and which may hereafter be by Law committed to, and exerciseable by any 2 [O h . 8 4 .] three Justices of the Peace associated and sitting together: Provided, that nothing herein contained shall be taken to invalidate anything lawfully done at any silting of the Grand Court, at which the said Commissioner is not present. At all sittings of the Petty Courts, the Commissioner, if pre sent, shall preside; and he shall, when sitting alone, have all the powers and authority which are now, or which may here after be, by Law committed to, or exerciseable by any two Jus tices of the Peace associated and sitting together. JAMAICA—LAW 35 OF 1898.

The Judicature Law, 1879, Amendment Law, 1898. \12th August, 1898.'] HEREAS it is desirable to amend the Judicature Law, Preamble. W 1879, in the respect hereinafter appearing :— Be it enacted by the Governor and Legislative Council of Jamaica, as follows:— 1—Section 9 of the said Law is hereby amended, by adding Section 9 , Law after the words “ or pending a vacancy in any such office,” Amended.79 appearing in the said Section, the words following, that is to say:—“ Provided that any fit and proper person may be ap- “ pointed to act temporarily in the absence of the .Registrar, “ though such person may not be qualified under this Law, for “ the office of Registrar of the Supreme Court.”

JAMAICA—LAW 36 OF 1898.

A Law to amend The Resident Magistrates Laws No. 43 of 1887 and No. 16 o f 1891. \_12th August, 1898.]

E it enacted by the Governor and Legislative Council of Preamble. B Jamaica, as follows , 1—This Law may he cited as “ The Resident Magistrates Short title. Amendment Law, 1898.”

2—This Law shall he read as one with Law 43 of 1887, Incorporation with Law 43 of “ The Resident Magistrates Law, 1887,” hereinafter referred to 1887. as the principal law, and with all subsequent laws amending the same.

3—Section 4 of the principal law is hereby repealed; pro Repeal of Section 4 of Law 43 of vided that such repeal shall not affect the past operation of 1887. such repealed section, or any right, obligation, or liability ac quired, or incurred thereunder.

4—In each of the fourteen parishes of the Island there shall Constitution and jurisdiction of he a Court, to he styled “ The Resident Magistrates Court for Court for each the Parish of ,” with so many stations as may. Parish. from time to time he fixed by the Governor, which shall have and exercise the jurisdiction by the principal Law, and any subsequent law or laws amending the same, assigned to and conferred upon such Court.

5—It shall be lawful for the Governor from time to time Power to appoint Resident Magis to appoint so many Resident Magistrates, not exceeding four trates. teen, and not less than nine, as he may think necessary to sa- 2 [C h . 3 0 .] tisfactorily discharge the business of such Courts, and erery Resident Magistrate so appointed, shall by the fact of such appointment, be capable of exercising and administering the jurisdiction and duties of any Resident Magistrates Court in the Island. Every Resident Magistrate so appointed, shall be Judge of such one of the Resident Magistrates Courts as shall at the time of his appointment be assigned to him, shall have and exercise the jurisdiction thereof, and shall be styled “ The Re sident Magistrate for the Parish of ( )■”

Power to uaign 6_In addition to having and exercising the jurisdiction of more than one parish to n Resi the Resident Magistrates Court to which he is specially as dent Magistrate. signed under the next preceding Section, a Resident Magis trate, if the Governor so direot, shall also have and exercise the jurisdiction of the Resident Magistrates Court in any other parish or parishes, either generally, or at such one or more stations therein, as may from time to time be assigned to him by the Governor : provided always, that the Resident Magistrate shall be entitled to such extra travelling allow ance, to be fixed by the Governor in Privy Council, as shall be reasonable, taking into consideration the extra travelling which may be imposed on him by such appointment.

One Resident 7_It shall be lawful for the Resident Magistrate of one Magistrate may act lor another. parish, upon the application of the Resident Magistrate of any other parish, to act as the Resident Magistrate of such other parish, either generally for the whole parish, or for any parti cular station or stations, or on any particular occasion: pro vided, that a Resident Magistrate shall not act in this manner for another Resident Magistrate for more than a week at a time, without the consent of the Governor.

Power to fraino 8 —It shall be lawful for any two Resident Magistrates ap tariff of fees, &e pointed from time to time for the purpose by the Governor, to frame a tariff of fees for (1) Practitioners, (2) for Court fees and (3) for Bailiffs fees, in substitution for the Schedules B. C. and D to the principal law attached, and from time to time to alter and amend the same. Before a tariff so framed as aforesaid, or any alteration or amendment thereof, shall [Oh. 36.] 3 come into operation, it shall first be approved by the Governor in Privy Council, who may make such alterations or additions as be shall think fit; and it shall thereafter he published in the Jamaica Gazette.

Section 131 and Schedules B. C. and D. of the principal law Repeal of Schedules B. 0. and D. to are hereby repealed : provided that such Schedules shall re Law 43 of 1887. spectively remain in force until the publication in the Ja maica Gazette of the tariff of fees to be substituted under this Law for the said Schedules : and provided further, that the fees allowed by the said Schedules, shall govern and apply to all proceedings taken, and all work done before the publica tion of the said tariff.

9— Sub-sections 1 and 2 of Section 1 of La,w 16 of 1891 areLaw 16 of 1891 hereby amended by inserting after the words “ Assistant amended. Clerk” in the third line of each such Sub-section respectively, the words “ or a Clerk in the office of the Registrar of the Su preme Court.”

10— Any person or persons who shall assault, hinder, Penalty or for as saulting, hindering obstruct a Land Surveyor, or any other person to whom any or obstructing matter or controversy shall he referred under Section 96 of Surveyor. the principal law, shall he liable on conviction thereof, in a summary manner before any two Justices of the Peace, to a fine not exceeding £20, and in default of payment forthwith, to he imprisoned for any period, not exceeding two calendar months, with or without hard labour.

JAMAICA—LAW 37 OF 1898.

The Appropriation haw, 1898-99. \12th August, 1898. HEREAS of the amount of Six hundred and thirty-two Preamble, thousand, seven hundred and seventy-four pounds eighteen shillings and eleven pence half-penny, required for the service of the Civil Government of this Island, and for other purposes, for the Financial Tear to end on the 31st day of March, one thousand eight hundred and ninety-nine the sum of Two hundred and forty-seven thousand, eight hun dred and ninety-three pounds, fourteen shillings and seven pence half-penny has heen provided for by Law, and it is now requisite to make a further provision of Three hundred and eighty-four thousand, eight hundred and eighty-one pounds, four shillings and fourpence. Be it enacted by the Governor and Legislative Council of Jamaiea, as follows

1.—The Treasurer of the Island shall, on the Warrant of the £384,881 4b. 4cL granted for certain^ Governor, pay a sum not exceeding in the aggregate Three services as per hundred and eighty-four thousand eight hundred and eighty- Schedule hereto. one pounds four shillings and fourpence, for defraying the several charges and expenses of the Civil Government of this Island, and for other purposes, for the Financial Tear to end on the 31st day of March, one thousand eight hundred and ninety-nine, set forth in the Schedule to this Law annexed. 2 [Oh. 87.] The Appropriation Law, 1898-99. SCHEDULE TO APPROPRIATION LAW. £ B. A Administrative Departments 37,786 17 7 Revenue Departments . . . 41,5 7 4 4 1 Postal Service ... 31,684 3 10 Telegraphs ... 7,827 11 4 Judicial ... 6,484 14 0 Medical ... 61,237 12 0 Constabulary . . . 67,647 7 6 Education ... 62,942 0 0 Harbours and Pilotage 1,286 17 6 Military . . . 7 ,3 3 0 7 2 Registrar General's Department 47 4 0 0 Island Record Office ...... 782 10 0 Registration of Titles ...... 265 8 0 Government Printing Office 7 ,6 1 3 0 4 Institute of Jamaica ...... 1,749 12 0 Public Gardens and Plantations 4,662 16 0 Miscellaneous ... 6,321 4 0 Public Works ... 68,263 0 0

£384,881 4 4 JAMAICASLAW 38 OF 1898,

The West India Electric Company's Law, 1897, Amendment Law, 1898. [23rd August, 1898. HEREAS the West India Electric Company, Limited, Preamble. was incorporated by a special Law of this Island (Law 33 of 1897), and since its incorporation the Company has en larged its operations and entered into further works for de veloping the use of electricity in this Island, and for the de velopment of the objects of the Company, it is expedient to amend the said special law as hereinafter appears: Be it enacted by the Governor and Legislative Council of Jamaica, as follows:—

1—Section 21 of -the said Law is hereby repealed, and the Repeal and re- enactment of Sec following substituted therefor: tion 21 of Law 33 of 1897. 21—The Company is authorized in or out of this Island to transact any business necessary or incidental to any of the purposes of the Company, and in or out of the Island to hold annual and special general meetings of shareholders, upon giving such reason able notice as shall be prescribed by the bye-laws, or by this Law.

2 — Section 37 of the said Law is hereby amended by in- Section 37 of Law serting the words “ in or” between the words “ place and “ out of,” in the fourth line of the said section. 2 [Oh. 38.] Partial incorpora 3— The provisions of the Lands Clauses Law, 1872, (Law tion of Lands Clauses Law 1872. 26), except Sections 84, 88,101,105, and 106, are incorpo rated with the Company’s Special Law in respect of under takings of the Company under any Law, or any License ap proved by the Governor in Privy Council.

Conditional power 4— In the course of, and for the more effective working of to cut and remove tr e es, do. any undertaking of the Company under any Law, or any License approved by the Governor in Privy Council, the Com pany shall, subject to rules to be made from to time by the Governor in Privy Council, have power by its Managers and Agents duly authorized for that purpose in writing, to cat and remove from any public or parochial road, and to enter upon, and to cut and remove from any private or public lands, any tree, or any branch, bough, or other part of a tree, growing on such lands within 100 feet of any main or submain used for conducting electricity, and which may tend to interfere with, endanger, or otherwise prejudicially affect the working of such undertaking. No employe of the Company shall, except with the consent of the occupier, enter upon any private lands, until after the expiration of teven days' notice in writing given to the occu pier of the land, or posted, up conspicuously thereon-. Pro vided, that the power conferred by this Section, shall not come into effect until rules as above-mentioned, have been made by the Governor in Privy Council. Provided that the Company shall make compensation to the owner of any tree so cut and for any damages done to such owner or other person in respect thereof. Such compensation shall be settled, either by agreement or in the manner prescribed by the Land Clauses Law 1872. Power to locate 5— The Company may in the case of any of its undertak and work genera ting or power ings, locate and work, and have its generating or power sta stations outside the area for which tion or stations, and all or any works which may be considered license granted. necessary in connection therewith, outside the area for which the particular license has been granted, anything in any law, or in any license granted under any Law to the contrary not withstanding. [Ch. 38.] 3 ® this Law. unless the context otherwise requires, the Definitions, expression | works” means and includes electric lines, also any buildings, machinery, engines, works, matters, or things of whatsoever description required to supply electricity, and to carry into effect the object of the Company under this Law and any License granted to the Company. The expression “ electric lines” means a wire or wires conductor, or other means used for the purpose of conveying, transmitting, or distributing electricity, with any casing, coat ing, covering, tube, pipe, or insulator, enclosing, surrounding or supporting the same, or any part thereof, or any apparatus' connected therewith for the purpose of conveying, transmit ting, or distributing electricity, or electric currents.

7—Nothing herein contained shall affect, or be deemed to Saying as to the affect, the rights of Her Majesty the Queen her heirs or sue- Majesty the Queen, cessors, or of any bodies politic or corporate, or other person &c- or persons, except such as are mentioned or referred to in this Law, and those claiming by, from, through and under them. A, JAMAICA—LAW 39 OF 1898.

The Jury Lists Temporary Settlement Law, 1898. \12th August, 1898.~\ HEREAS it is necessary to make provision for trials Preamble. W by Jury between the lapsing of the Jury Lists settled under Law 12 of 1896, and the 31st day of December, 1898, and for other purposes. Be it enacted by the Governor and Legislative Council of Jamaica as follows B aja

1—The several Jury Lists settled and allowed in August, Jury Lists up to 31st Deo., 1898. 1897, under the provisions of “ The Jury Law Amendment Law, 1896” (Law 12 of 1896) shall continue to be the Jury Lists from which panels of juries shall be struck for the trial of all issues, civil and criminal, in and before all Courts and tribunals in the several parishes of this Island, until the 31st day of December, 1898. 2=-For the purposes of settling and allowing the several Certain dateB for doing certain Jury Lists for the several parishes under “ The Jury Law things declared 1898”, it is hereby declared that the several dates and times directory only. fixed in the said Law for the preparation, publication, revi sion, settlement, allowance and transmission of such Jury Lists, shall be deemed, so far as relates to the settlement of the Jury Lists in 1898, to be directory only ; and that the several duties aforesaid may be done and performed on any other convenient dates; and that the several Jury Lists to be settled and allowed during the said year shall be valid, not withstanding that any of the duties aforesaid may not have been performed on any of the dates and times appointed for the purpose by the said Law (13 of 1898), but on some other dates and times before the 31st day of December, 1898, afore said.

JAMAICA—LAW 40 OF 1898.

A Law to provide fo r raising a sum not exceeding One Hun dred Thousand Pounds sterling fo r the Public Service. \10th September, 1898.']

HEREAS it is expedient and necessary for the Public Preamble. W Service that the Governor should he authorised to borrow upon loan from time to time such sums of money, not exceeding One Hundred Thousand Pounds sterling, aB may be required to meet existing liabilities in anticipation of the receipt of revenue : Be it enacted by the Governor and Legislative Council of Jamaica, as follows :—

1—This Law may be cited for all purposes as “ The Deben Short Title. ture Law, 1898.”

2—It shall be lawful for the Governor to authorise the Power to raise Crown Agents for the Colonies in London, to raise by the Loan. issue of Debentures under this Law, any sum or sums not exceeding in the whole, One Hundred Thousand Pounds.

3—The principal moneys and interest secured by the De Principal and interest charged bentures issued under this Law are hereby charged upon and upon General Rej payable out of the General Revenues and Assets of the Go venues. vernment of Jamaica.

4—Every Debenture issued under this Law shall he for a Debentures. sum of not less than one hundred pounds sterling, and shall bear interest at a rate not exceeding four pounds per centum per annum, and shall be paid off at par at any time after the expiration of 12 months, hut not later than ten years after the respective dates of issue thereof: Provided always, that not less than three months notice shall be given by 2 [Ch. 40.] advertisement in the London Times newspaper, of the inten tion of the Government of Jamaica to pay off the Debentures issued under and by virtue of this Law : And provided also, that the time fixed for such repayment, shall be a day on which a coupon shall become due and payable. Grown Agents to 5— The Debentures shall be issued in London, and shall sign Debentures. be signed on behalf of the Government of Jamaica by the Crown Agents for the Colonies or any two of them. Register of Deben 6— Every Debenture shall, before being issued.be registered tures. in a Register Book to be kept for that purpose at the Office of the Crown Agents for the Colonies. Coupons for In 7— There shall be attached to every Debenture, Coupons terest. for the payment of the interest to become due in each half year upon the principal secured by the Debenture. The coupons shall be sufficient in number to provide for the pay ment of the interest, either during the whole period for which the Debenture has to run, or for such limited period as the Crown Agents may determine.

Form of Deben 8— The Det entures and the Coupons may be in such form tures and Coupons. as the Crown Agents may direct or approve.

Debentures and 9— Every Debenture and Coupon, and the right to receive Coupons transfer able by delivery. the principal and interest secured or represented thereby, shall be transferable by delivery.

Half year’s interest. 10— The Governor shall, in each half year ending with the day on which the interest on the Debentures falls due, ap propriate out of the General Revenues and Assets of the Colony, a sum equal to one half year's interest on the Deben tures issued, and remit that sum to the Crown Agents,at such time as will enable them to pay the then current half year’s interest on the day when it falls due.

Sinking Fund. 11— The Governor shall, in each half year ending as afore said, further appropriate out of the Revenues and Assets of the Colony, a sum not less than the sum of five thousand pounds, and remit that sum to the Crown Agents, to be in vested by them in such securities as may he approved by [C h . 4 0 .] 3 Her Majesty’s Principal Secretary of State for the Colonies, as a sinking fund for the final extinction of the debt. The Crown Agents shall also, from time to time, invest the divi dends, interest, or produce arising from such investments, so that the same may accumulate by way of compound interest.

12— The interest upon the principal secured by each DeComputation and time and place of benture shall run from the day named in that behalf in the payment of in Debenture, and shall be paid half yearly on the days named terest. in that behalf in the Debenture, at the Office of the Crown Agents for the Colonies in London.

13— Upon the repayment of the principal moneys securedDelivery up and cancellation of De by any Debenture, the Debenture, with all the Coupons bentures on pay thereunto belonging, shall be delivered up to the Crown ment thereof. Agents to be by them cancelled.

14— All expenses of and incidental to the managementExpenses of of Sink the sinking fund, or the repayment of the principal moneys ing Fund. borrowed under this Law, shall be paid out of the sinking fund.

15— In case the sinking fund shall be insufficient for theGeneral Revenue liable in case Sink payment of all the principal moneys borrowed under the ing Fund insuffi authority of this Law, at the time the same shall have be cient. come due, the Governor shall make good the deficiency out of the General Revenue and Assets of the Colony.

JAMAICAi LAW 41 OF 1898.

A Law to remove doubts in connection with the Tariff Law, ;■ £898 \lJtth September, 1898.J E it enacted by the Governor and Legislative Council of Preamble B Jamaica, as follows 1—The words “ not otherwise enumerated,” and the words Schedule II. of Law 28 of 1898 “ not'otherwise specially enumerated,” in Schedule II., to explained. The Tariff Law, 1898, fNo. 28 of 1898), are hereby declared to refer, not only to articles otherwise enumerated in the Schedules to the said Law, but also to articles upon which a specific duty is chargeable under any Tariff Law in force, the duty upon which has not been expressly altered by the said Tariff Law, (No. 28 of 1898); and any such duty levied after the date of the motion for leave to introduce and read a first time, the said Tariff Law, (No. 28 of 1898), is declared to have been properly and lawfully charged.

The following are the Rules, Orders and Regulations o f general interest, approved by the Governor in Privy Council from January to August, 1898.

Regulations for the affixing and cancelling by Manufacturers of Stamps on Boxes and Packages containing Cigars and Cigarettes under Section 3 o f Law 36 of 1897. 1. Cigars and Cigarettes, unless warehoused under Section 11 of the Law, must be packed in boxes or packages not later than the day succeeding that on which they are manufactured, failure to comply with this regulation will render any cigars or cigarettes not so packed liable to forfeiture under Section 10 of the Law. 2. Stamps used for boxes of cigars must he so attached as to effectually seal the box and prevent its being opened or any portion of the contents removed without destroying or breaking the stamps. 3. The stamps must be affixed to the boxes by an adhesive material that will cause them to stick to the box securely and firmly. 4i. Stamps for cigars in boxes must be cancelled by the use of a stencil plate in which there shall be cut six waved lines long enough to extend not less than three-quarters of an inch on the box beyond the stamp. In addition to the waved lines the manufacturer must write or imprint on each stamp his registered number, place of manufacture and date of cancellation. 5. The stamps on packages or parcels of cigarettes must be so affixed that the opening of the package or using of any portion of the contents will effectually brake or destroy the stamp, and the manufacturer must write or imprint on. the stamp his place of manufacture and the date of cancella tion.

I m p o r t e d C ig a r s a n d C ig a r e t t e s . 6. Importers of cigars or cigarettes, unless registered under the proviso to Section 3 of the Law shall, before the goods are removed from the custody of the Customs officers, affix to each box or package, in the manner prescribed by Nos. 2, 3 and 5 of these Rules, the special stamps required by Section 3 of the Law and cancel the stamp in such manner as the Collector General shall from time to time appoint. 7. Stamps for imported cigars or cigarettes will be supplied to the owner or consignee of such imported articles by the 2 Collector of Taxes upon the proper Officer of Customs having the custody of such articles, certifying what quantity of stamps are required. Approved by the Governor in Privy Council on 7th day of March, 1897. P h i l i p C . Co r k , Clerk Privy Council.

R u l e s . J Made by the Governor in Privy Council under the provisions of the Tramways Law, 1896, for securing to the public reason able protection from personal injury on Tramways on which the use o f Steam or any Mechanical power shall have been authorised by any License under Law 87 of 1896, (here inafter called “ The Tramways"). 1. The engine or engines to be used on the Tramways shall comply with the following requirements, that is to say :— (a.) Each coupled wheel shall be fitted with a brake block which can be applied by a screw or treadle or by other means. Every engine shall be so constructed that the speed can be promptly and effectually ar rested by the motive power. (b.) Each engine shall be numbered, and the number shall be shown in a conspicuous part thereof. (c.) Each engine shall be fitted with an indicator by means of which the speed is shewn; with a life pro tector or protectors; with a suitable fender to push aside obstructions ; and with a special bell or whistle to be sounded as a warning when necessary. (d.) Arrangements shall be made enabling the driver to command the fullest possible view of the road before him. (e.) Each engine shall be free from noise produced by blast and from the clatter of machinery such as to constitute any reasonable ground of complaint either to the passengers or to the public; the machinery shall be concealed from view at all points above four inches from the level of the rails, and all fire used on such engines shall be concealed from view. 2. Every carriage used on the Tramways shall be so con structed as to provide for the safety of passengers, and for their safe entrance to, exit from, and accommodation in, such carriages, and for their protection from the machinery of any engine used for drawing or propelling such carriages and each wheel shall he fitted with a brake-block which shall be Applied by a screw or treadle or by other means, and which, 3 unless a brakesman, be kept continually posted on sucb car riage when running on the line, shall be automatically applied in case of separation between the engine and the carriage. 3. The Governor and any Officer appointed by him may, from time to time, and shall on the application of the Local or Road Authority of any of the Districts through which the Tramways pass, inspect such engines or carriages used on the Tramways and the machinery therein, and may, whenever they think fit, prohibit the use of the Tramways of any of them which in their opinion are not safe for use. 4. The engines and carriages shall he connected by double couplings, one of such couplings being a close coupling. 5. Every engine running on the Tramways shall carry a lamp or lamps, placed in a conspicuous position in the front of the engine, and such lamp or lamps shall he kept lighted from sunset to sunrise, and during fog, and shall show a powerful white light. 6. Everv separate engine, carriage or train of carriages ruiming on the Tramways shall carry a lamp or lamps placed in a conspicuous position at the rear end thereof which shall he kept lighted from sunset to sunrise and during fog and shall show a bright coloured light.

P e n Ai/rr, Note—Any Company or person using steam or any mechanical power on the Tramways contrary to any of the above Regulations, is for every such offence subject to a penalty not exceeding ten pounds, and also in the case of a continuing offence to a further penalty not exceeding five pounds for every day after the first, during which such offence continues. Made by the Governor in Privy Council on the 8th June, 1898. P h i l i p C . Co b k , Clerk Privy Council.

W e s t I n d ia E l e c t r ic C o m p a n y , L i m i t e d . Rules made under the authority of Section 36 of Law 87 of 1895 and Clause 36 of the Company's License. C a s h E a r .e s . 1. Single cash fare for one continuous ride between any two points in one district shall be two pence. 2. Single cash fare for one continuous ride on Market Cars between any two points in one district shall be one penny half-penny. 3. Every passenger shall be entitled to take with him free of charge a package, provided he with his package does not occupy more than the space of one sitting and the space underneath the same, and provided such package is not in the opinion of the Conductor or other person in charge of the Car of an objectionable nature or a source of annoyance or inconvenience to other passengers. Every sitting shall en title the passenger to 15 inch of bench room. 4. The Company may at their option from time to time provide accommodation in the nature of a reserved compart ment or space in any Car, not being a Market Car, and may charge for carriage therein at the rate of three pence for each single cash fare between any two points in one district the space so to be reserved to be in the forward part of the Car. Tickets. 5. Tickets shall be sold at the office of the Company and on the Cars by the Conductors at the rates above fixed 6. Children'a Tickets.—It shall be lawful for the Company to issue a limited Ticket below current rates to be used by children under 12 years of age, on such Cars, and at such hours of the day as the Company may determine. 7. Police.—Officers when in uniform only will be carried free. | . Constables only when in uniform and not exceeding five m any one Car at a time will be carried free. Firemen only when in uniform and on duty to, or from a fire will be carried free. F reight. 8. The Company shall have the right to carry freight and charge for such carriage at a rate not exceeding one half penny per mile or uncompleted part ot a mile per half cwt. or any less weight: Provided that the minimum charge for the carriage of any package any distance shall be three pence, and shall have the right to use over all lines such cars as may be most suitable to the handling of a freight business. 9. The Company shall not be responsible for the safe custody of freight carried by it for longer than 24 hours after arrival at the station to which it is destined. 10. Freight need not not be accepted by the Company for car riage unless prepaid on delivery to the Company for carriage. 11. The Company shall make arrangements for the receipt of freight at all their regulnr stations and for its delivery to the consignees at their stations. 12. In respect of freight the Company shall be common carriers within the meaning of the Carriers’ Law, 1889, (Law 7 of 1889.) 5

M a r k e t Ga b s . 13. The Company shall supply Market Cars on week days only, either as trailers or as combination or as separate cars as they may determine, on such parts of the lines, and at such hours (except during the hours between 9 a.m. and 5 p.m.) as shall he set forth in the published Time Tables.

T im e T a b l e s . 14. The minimum service required of the Company shall be such as may from time to time he fixed by Time Tables to he made with the approval of the Governor in Privy Council. Such minimum service being given, the Company may operate such extra cars as the Company may deem necessary for pub lic convenience without reference to the time-table, but at rates of fare and charges and at the rate of speed not exceed ing those for the time being in force for the minimum service. 15. Time Tables in force for the time being and no others shall be posted and kept posted in the offices of the Company.

’ C a b s . 16. The Company shall have the right to operate cars and the term car or cars shall include motor trailer, and freight cars, also such carriages, trucks, contrivances and machines as may be required in the. construction or repairs of their tracks overhead, lines or other part of the Company’s plant and works, and generally for any of the purposes of the un-| dertaking. 17. Motor Cars shall be properly lighted and be supplied with fender, or guard, signal gongs, number, and route signs. Trailer Cars may be attached to Motor Cars. 18. Motor and Trailer Cars shall be kept clean within and without.

P a s s e n g e r s . 19. No passenger shall be allowed to spit on or otherwise defile the floor or any part of a Car. 20. No passenger shall he allowed to smoke on any car ex cept in seats specially reserved for that purpose. 21. No person shall be entitled to be received on a Car, or being there to continue his journey if he commits a nuisance, offends against any of these rules, be boisterous, or use any obscene or blasphemous language, or refuse to pay his fare or if lie be under, or appear to be under tbe influence of liquor or if his conduct or condition be in the opinion of the Conductor in any way objectionable to other passengers. 6 Running of Cabs. 22. Within the limits of the City of Kingston, the Company shall not he obliged to stop its passenger cars to allow passengers to enter or leave the same except at thtf'intersec tion of streets and before the car shall cross the intersecting street and at such other places as shall be indicated by marked posts. A lane shall not be considered to be a street within the meaning of this clause Beyond the limits of the City of Kingston, the Company shall by iaarked posts designate stopping places at such points as tjiey may select, in no case more than three hundred (300) yards apart and the Company shall not he obliged to stop its passenger cars to allow passengers to enter or leave the same except at such designated stopping places. 23. The Cars of the Company shall have the prior right of passage along all streets and roads where its rails are laid, and all other vehicles using said streets or roads whether crossing, meeting or proceeding in the same direction as the said cars or being on the tracks of the Company shall turn off or out of the track of the Railway and permit the cars of the Company to pass, and shall in no case and under no pretence whatever obstruct or hinder the passage of the cars and the free use of the railway by the cars of the Company. 2it. Each car will be supplied with a gong which shall be sounded by the Motor-man when a Car approaches any inter secting street and the sounding of the Motor-man’s gong shall be sufficient notice that the car requires the right of pnssage and any person or persons who shall wilfully obstruct such right of passage so as to impede or stop the cars of the Company shall be liable to a penalty of not exceeding Two Pounds for such offence. 25. Cars unless coupled shall not follow one another at a less distance than three hundred (300) feet apart in District No. 1 nor elsewhere at a less distance than six hundred (600) feet apart. Inspection of Books. 26. The Manager shall make a sworn statement of the gross earnings of the Tramway on the first of January and July in each year. And for the purpose of verifying the same the books of the Company shall be open for inspection to an officer of the Government appointed for that purpose during the first week of the said months of January and July. In spection shall not be compellable at other times.

Lighting a n d W a t e r i n g Streets. 27. The Local 'Authorities, the Kingston General Commis sioners or any other body or person shall not use or cause to be used, on any street or road on which the Company’s 7 rails are laid, salt water for watering or flushing, or for any other purpose whatever, and all water used for any purpose whatever on streets or roads shall be fresh clean water. 28. The Company shall water each day that portion of the streets and roads occupied by the tracks of the Company : Provided the Kingston General Commissioners do not refuse to furnish sufficient water for so doing. 29. Streets and roads occupied by the tracks of the Tram way where the same are not now lighted by Parochial or City Authority shall he supplied by the Company with an electric light of 16 c.p-at each intersection of a cross road and other wise at interval not exceeding three hundred (300) feet and on curves at lS§ji distance, as may he thought necessary by the Inspector and maintained lighted during the hours between half hour af.ter sundown and half hour before sunrise or dur ing such part of that time as the Cars may be running, but the Company shall not he liable for any interruption to the light ing service, or for alleged damages to persons or property due to the absence of the lights.

S p e e d o r H e a d w a y 30. Headway shall he scheduled as set forth in the Time Tables of the Company and as authorized by the Governor in Privy Council. The maximum schedule speed for any Car shall not exceed eight (8) miles per hour in District No. one (1); fourteen (14) miles per hour in District No. two (2); an<| eighteen (18) miles per hour in District No. three (3); except from Cross Roads to Halfway-Tree where the speed shall not exceed fourteen (14) miles per hour. Approved by the Governor in Privy Council, 8th June, 1898.

P h i l i p C . C o r k , Clerk of the PrivyCouncil.