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Jamaica Caribbean Law and Jurisprudence

1930

The Laws of Jamaica, 1929

Jamaica

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Repository Citation Jamaica, "The Laws of Jamaica, 1929" (1930). Jamaica. 86. https://ecollections.law.fiu.edu/jamaica/86

This Book is brought to you for free and open access by the Caribbean Law and Jurisprudence at eCollections. It has been accepted for inclusion in Jamaica by an authorized administrator of eCollections. For more information, please contact [email protected]. Laws of Jamaica PASSED IN THE YEAR 1929.

THE

LAWS OF JAMAICA

PASSED IN THE YEAR, 1929.

PUBLISHED BY AUTHORITY CDCO CD vH I

JAMAICA GOVERNMENT PRINTING OFFICE, KINGSTON. 1930.

C / .4 >

TABLE OF LAWS.

[Assented to 27th March, 1929.1 1. A Law to continue a certain expiring Law.

[Assented to 30th April, 1929.] 2. A Law to revoke certain proclamations which have issued under Law 27 of 1921 and Law 39 of 1926.

[Assented to 15th May, 1929.] 3. A Law further to amend the Witnesses Expenses Law, 1929 (Law 28 of 1924).

[Assented to 15th May, 1929.] 4. A Law to amend the Pensions Law, 1904 (Law 24 of 1904).

[Assented to 15th May, 1929.] 5. A Law to amend the Settled Land Law, 1888 (Law 16 of 1888).

[Assented to 15th May, 1929.] 6. The Loss of British Nationality and Status Law, 1929.

[Assented to 15th May, 1929.] 7. A Law to amend The Attorneys Admission Law, 1869 (Law 9 of 1869)

[Assented to 15th May, 1929.] 8. A Law to amend the Reformatories and Industrial Schools Law. 1881 (Law 34 of 1881).

[Assented to 24<7i May, 1929.] 9. A Law to remove doubts as to the validity of certain Marriages in the Cayman Islands. 185480 IV.

[Assented to 24th May, 1929.]

10. The Appropriation Law, 1929-30.

[Assented to 30th May, 1929.] 11. A Law to amend the Government Savings Bank Law, 1925 (Law 11 of 1925).

[Assented to 30th May, 1929.] 12. A Law to amend the Stamp Duty Law, 1903 (Law 40 of 1903).

[Assented to 30th May, 1929.] 13. A Law to provide for an additional pension to Captain Patrick Ruane, formerly a Sergeant-Major of the Jamaica Constabulary Force and an Inspector of Police in the Leeward Islands Police Force.

[Assented to 5th June, 1929.] 14. A Law to Vest a portion of the Kingston Race Course in Trustees for the purposes of Child Welfare.

[Assented to 5th June, 1929J

15. A Law to amend the Estate Duty Law, 1916 (Law 21 of 1916).

[Assented to 5th June, 1929.] 16. The Criminal Justice Law, 1929.

[Assented to 5th June, 1929.] 17. The Sale of the Bark of Trees (Prevention) Law, 1929.

[Assented to 10th June, 1929.] 18. The Telegraph Control Law, 1929.

[Assented to 6th June, 1929.] 19. A Law for the Incorporation of the Society of Jesuits in Jamaica.

[ Assented to 8th August, 1929.] -20. A Law to amend the Married Woman's Property Law, 1886. V.

[Assented to 29th November, 1929.] 21. A Law to allow and Confirm Certain Expenditure incurred in the Financial Year, 1928-1929.

[Assented to 29th November, 1929.] 22. A Law to amend Law 6 of 1894, (A Law to amend a Law to Regulate the Salary of Officers Administering the Government of Jamaica, and the furnishing of Government House).

[Assented to 29th November, 1929.] 23. A Law to secure a pension to John Barclay, O.B.E., formerly Secretary of the Jamaica Agricultural Society.

[Assented to 29th November, 1929.]

24. A Law further to amend the Maintenance Orders (Facilities for Enforcement) Law, 1923 (Law 15 of 1923).

[Assented to 18

25. A Law to make provision for the taking from time to time of a Census for Jamaica and Its Dependencies, and for otherwise obtaining statistical information with respect to the population of Jamaica and Its Dependencies.

[Assented to 20th December, 1929.] 26. A Law in aid of the Sugar Industry.

[Assented to 31st December, 1929.]

27. A Law to amend a Law to enable persons not being Commissioned Surveyors of Land to act as such in certain cases.

[Assented to 31st December, 1929.]

28. A Law further to amend The Kingston and St. Andrew Corporation Law, 1923 (Law 3 of 1923).

[Assented to 9th January, 1930.]

29. A Law to enable the erection and maintenance of a Jetty or Pier in the Harbour of Montego Bay, and of a Railway Line to connect same with the existing Jamaica Government Railway.

[Assented to 16th January, 1930.]

30. A Law for the Licensing and control of Motor-omnibuses and the Owners and Drivers thereof. VI. Statutes and Laws repealed, amended or otherwise affected by Laws 1 to ______30 o f 1929.______

Statutes or Laws Number repealed or other- How affected. of wise affected. Law. Law 9 of 1920 (except the two last items Continued until 31st March; 1930. Law 1 of in the sched- • 1929. ule of the said Law). Law 27 of 1921 ] Proclamations published in the ] Law 2 of and Law 39 of 1 Gazette under, revoked by | 1929. 1926.

Law 33 of 1924 . Repealed by Law 3 of 1929. Law 24 of 1904 . Section 3 repealed by Law 4 of 1929. Law 16 of 1888 .. Read and construed as one with Law 5 of 1929. Law 9 of 1928 Repealed by Law 6 of 1929. Law 9 of 1869 .. Read and construed as one with Law 7 of 1929. Law 34 of 1881 .. Section 21 amended by .. Law 8 of 1929. Law 11 of 1925 .. Section 11 (2) amended by Law 11 of 1929. Law 40 of 1903 Section 11 repealed and new section Law 12 of as amended substituted by 1929. by section 3 of Law 7 of 1916 Law 21 of 1916 .. Section 18 (1) repealed and new sub- Law 15 o f section substituted by .. 1929. Law 7 of 1904 j and Law 24 ) Repealed by Law 18 o f of 1926 1929. Law 21 of 1886 .. Amended by, and incorporated with Law 20 of' 1929. Law 7 of 1874 The sixth Rule in section 8 repealed 1 by | Law 22 o f Law 6 of 1894 Repealed by 1929.

Law 16 of 1924 .. Section 4 repealed by 1 Law 24 of Law 15 of 1923 Section 11 added to by 1929. Law 24 of 1893 .. Section 1 amended by Law 27 of 1929. Law 3 of 1923 .. Section 12 (3) repealed and new} sub-section substituted by Section 14 (d) repealed by Law 28 of Section 16 repealed and new sec­ 1929. tion substituted by JAMAICA-

No. 1— 1929.

I assent,

(L.S.|

R. E. Stubbs, .

27th March, 1929.

A LAW to Continue a Certain Expiring Law. [28th March, 1929.] E it enacted by the Governor and Legislative B Council of Jamaica as follows:—

1—This Law may be cited as the Expiring Law short Title. Continuance Law, 1929.

2—The Law mentioned in the Schedule to this Law Continuanse of shall be continued until and including the thirty-first day in ScheduV.0"6 of March, one thousand nine hundred and thirty.

SCHEDULE.

The Excise Duty (Temporary Increase) Law, 1920 (Law 9 of 1920) with the exception of the following items:— On all matches subject to Excise Duty under The Match Excise Duty Law, 1901, (Law 12 of 1901) and any Laws amending the same an additional duty after the rate of ten per cent, on such Excise Duty. On all amounts payable as King’s Warehouse fees under the Wharfage Law, 1895 (Law 15 of 1895) a surtax after the rate of ten per oent. of such fees.

JAMAICA.

No. 2 — 1929.

I assent,

[LJ3.J

R. E.. Stubbs, Governor. 30th April, 1929.

A LAW to revoke certain proclamations which have been issued under Law 27 of 1921 and Law 39 of 1926. [2nd May, 1929,1 E it enacted by the Governor and Legislative Council B of Jamaica as follows:— 1—Proclamations dated the 25th day of March, 1929, ^ v°eatio“Bo> and the 6th day of April, 1929, and published in the Jamaica Gazette (Extraordinary) of the 26th March, 1929, and the 6th April, 1929, respectively, in relation to the Revised Edition and the Repeal (for the purpose of the Revised Edition) Law, 1926 (Law 39 of 1926) are hereby revoked. 2—This Law may be cited as the Proclamations short Title. Revocation Law, 1929.

JAMAICA.

No. 3 —1929.

I assent.

IL.S.J

R. E. Stubbs, Governor. 15th May, 1929.

A LAW further to amend the Witnesses Expenses Law, 1924 (Law 28 of 1924). [16th May, 1929.]

HEREAS District Medical Officers who were preamble. appointed to the Government Service prior to the yearW one thousand eight hundred and ninety-nine have always been entitled to fees for the making of post mortem examinations: And whereas doubts have arisen whether they are now so entitled by reason of the provisions of Law 33 of 1924 (the Witnesses Expenses Law, Amendment Law 1924) : And whereas Law 33 of 1924, the Witnesses Expenses Amendment Law 1924 came into operation on the twentieth day of December, one thousand nine hundred and twenty- four : And whereas it is deemed advisable to remove all Buch doubts and to provide that such District Medical Officers shall be entitled to fees for the making of post mortem examinations • 2 [No. 3.] The Witnesses Expenses Law, Amendment Law, 1929. And whereas it is desirable to validate any payments made to any of such District Medical Officers for the m a V in g of post mortem examinations since the passing of the said Lg,w (Law 33 of. J.924) :

Be it enacted by the Governor and Legislative Council as follows :— Construction. 1—This Law shall be read and construed as one with the Witnesses Expenses Law, 1924 (Law 28 of 1924), hereinafter referred to as the principal Law.

Fees. 2—Every Medical Officer save and except a Medical Officer whose whole time is at the disposal of the Govern­ ment and who is not permitted to engage in private practice, shall be entitled to the fees specified in Class IV of Schedule A to the principal Law for giving evidence before the Court or for making post mortem examinations : Provided however that a District Medical Officer appointed to the Government Service prior to the year one thousand eight hundred and ninety-nine shall be entitled to be paid a fee of one pound one shilling for giving evidence in each case on each day on behalf of instead of the fees specified in Class IV of Schedule A to the principal Law for the giving of evidence.

Fees for J 3—Every District Medical Officer appointed to the previous post mortems. Government Service prior to the year one thousand eight hundred and ninety-nine whose whole time is not at the disposal of the Government and who is permitted to engage in private practice and who shall have made any post mortem examination since the passing of Law 33 of 1924 for which he has not received any fees, shall be entitled to be paid and shall be paid the fees specified and pro­ vided for in Class IV of Schedule A to the principal Law for the making of such post mortem examinations.

Validating 4—Any fees paid for the making of any post mortem section. examinations since the passing of Law 33 of 1924 and prior to the coming into operation of this Law to any District Medical Officer appointed to the Government Service prior to the year one thousand eight hundred and ninety- nine are hereby declared to have been validly paid. The Witnesses Expenses Law, Amendment Law, 1929. [No. 3.] 3

5— Law 33 of 1924 is hereby repealed. Repeal

6— This Law may be cited as the Witnesses ExpensesShort Title Law, Amendment Law, 1929.

JAMAICA,

No. 4 - 1929.

I assent,

[L.S.]

R. E. Stubbs, Governor. 15th May, 1929.

A LAW to amend the Pensions Law, 1904 (Law 24 of 1904). [16th May, 1929.] p>E it enacted by the Governor and Legislative Council of Jamaica as follows

1— This Law shall be read and construed as one with Construction, the Pensions Law, 1904 (Law 24 of 1904) hereinafter referred to as the principal Law, and any Law amending the same.

2— Section three of the principal Law is hereby repealed. Repeal. 3— Notwithstanding anything contained in the principal Method of Law or the Regulations made thereunder, pensions shall p°^“ngtion of be computed at the rate of one-seven hundred and twentieth for every month of service. 4— This I,aw may be cited as the Pensions Amendment short Title. Law, 1929.

JAMAICA.

No. 5— 1929.

I assent,

IL.S.]

R. E. Stubbs, Governor. 15th May, 1929.

A LAW to amend the Settled Land Law 1888 (Law 16 of 1888). [16th May, 1929.] D E it enacted by the Governor and Legislative Council of Jamaica, as follows:— 1—This Law may be cited as the Settled Land short Title and Law, Amendment Law, 1929, and shall be read and con- constructIon- strued as one with the Settled Land Law 1888 (Law 16 of 1888) hereinafter called the Principal Law and expressions used in this Law -shall have the same meanings as those attached by the Principal Law.

2—(1) Every instrument whereby a tenant for life, interpretation, in consideration of marriage or as part or by way of any family arrangement, not being a security for payment of money advanced, makes an assignment of or creates a charge upon his estate or interest under the settlement shall be deemed one of the instruments creating the settlement, and not an instrument vesting in any person any right as assignee for value within the meaning or operation of Section 47 of the Principal Law. [No. 5.] The Settled Land Law, Amendment Law, 1929. (2) This Section shall apply and have effect with respect to every disposition before as well as after the passing of this Law unless inconsistent with the nature or terms of such disposition.

Exchanges. 3—On any exchange or partition any easement, right, or privilege of any kind may be reserved or may be granted over or in relation to the settled land or any part thereof, or other land or an easement, right, or privilege of any kind may be given or taken in exchange or on partition for land or for any other easement, right, or privilege of any kind.

forulte °f tenant ^—A tenant for life may make any conveyance which is necessary or proper for giving effect to a contract entered into by a predecessor in title, and which if made by such predecessor would have been valid as against his successors in title.

Leases. 5—A lease for a term not exceeding 21 years at the best rent that can be reasonably obtained without fine, and whereby the lessee is not exempted from punishment for waste, may be made by a tenant for life— (i) Notwithstanding that there may be no trustees of the settlement for the purposes of the Principal Law, and (ii) By writing under hand only containing an agreement instead of a covenant by the lessee for payment of rent in cases where the term does not extend beyond three years from the date, of the writing.

Effect of grant 6—Where on a grant for building purposes by a tenant poses. lor lite, the land is expressed to be conveyed m fee simple with or subject to a reservation thereout of a perpetual rent or rent-charge, the reservation shall operate to create a rent-charge in fee simple issuing out of the land conveyed and having incidental thereto all powers and remedies for - recovery thereof conferred by Section 47 of the Convey­ ancing Law, 1889 (Law 40 of 1889) and the rent-charge so created shall go and remain to the uses ot the trusts and subject to the powers and provisions which, immediately The Settled Lund Law, Amendment Law, 1929. [No. 5.] 3 before the conveyance, were subsisting with respect to the land out"of which it is reserved. 7— From and after the coming into operation of this Law, Mansion and Section 14 of the Principal Law, relating to the sale and ar leasing of the principal mansion house shall be and the same is hereby repealed. 8— (1) Where money is required for the purpose of The raising of discharging an incumbrance on the settled land or part money- thereof, the tenant for life may raise the money so required and also the amount properly required for pay­ ment of the costs of the transaction on mortgage of the settled land, or of any part thereof, by conveyance of the fee simple or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land, or any part thereof, or otherwise, and the money so raised shall be capital money for that purpose and may be paid or applied accordingly. (2) An Incumbrance for the purpose of this Section shall not include any annual sum payable only during a life or lives or during a term of years absolute or determinable. 9— Where a sale of settled land is to be made to the Dealings as tenant for life, or a purchase is to be made from him of foriffeand"^ land to be made subject to the limitations of the settle- estate- ment, or an exchange is to be made with him of settled land for other land, or a partition is to be made with him of land an undivided share whereof is subject to the limit­ ations of the settlement, the trustees of the settlement shall stand in the place of and represent the tenant for life, and shall, in addition to their powers as trustees have all the powers of the tenant for life for the purpose of reference to negotiating and completing the transaction. 10— Improvements authorised by the Principal Law Application of sh ill include the following namely :— capital money. (i) Bridges. (ii) Additions to or alterations in buildings reasonably necessary or proper to enable the same to be let. (iii) Erection of buildings in substitution for buildings 4 [No. 5.] The Settled Land Law, Amendment Law, 1929. within an urban sanitary district taken by a local or other public authority, or for buildings taken under compulsory powers, but so that no more money shall be expended than the amount received for the buildings taken and the site thereof.

Payment out of Court of capital 11— All or any part of any capital money paid into Court money. may, if the Court thinks fit, be at any time paid out to the trustees of the settlement for the purposes of the Principal Law.

Capital money 12— The Court may, in any case where it appears proper, may be authorised for make an order directing or authorising capital money to be Improvement. applied in or towards payment for any improvement- authorised by the Principal Law notwithstanding that a scheme was not, before the execution of the improvement, submitted for approval, as required by the Principal Law.

Trustees. 13— Where there are (for the time being) no trustees of the settlement within the meaning and for the purposes of the Principal Law then the following persons shall, for the purposes of the Principal Law be deemed trustees of the settlement: namely:— (i) The persons (if any) who are for the time being under the settlement trustees, with power of or upon trust for sale of any other land comprised in the settlement and subject to the same limitations as the land to be sold, or with power to consent to or approve of the exercise of such power of sale, or, if there be no such persons, then (ii) The persons (if any) who are for the time being under the settlement trustees with future power of sale, or under a future trust for sale of the land to be sold, or with power to consent to or approve of the exercise of such future power of sale, and whether the power or trust takes effect in all events or not.

New Trustees appointed under 14— (1) All the powers and provisions contained in the Law 24 of 1896. Trustee Law 1896 (Law 24 of 1896) with reference to the appointment of new trustees, and the discharge and The Settled Land Law, Amendment Law, 1929. [No. 5.] 5 retirement of trustees,, shall apply and include trustees for the purposes of the Principal Law whether appointed by the Court or by the settlement, or under provisions contained in the settlement. (2) This section applies to and shall have effect with respect to an appointment or discharge and retirement of trustees taking place before as well as after the passing of this Law. (3) This section shall not render invalid or prejudice any appointment of any discharge and retirement of trustees effected before the passing of this Law otherwise than under the provisions of “The Trustee Law” 1896 (Law 24 of 1896).

JAMAICA.

No. 6-1929.

I assent,

[L.S.]

R. E. Stubbs, Governor. 15th May, 1929. The Loss of British Nationality and Status Law, 1929.

[16th May, 1929.] E it enacted by the Governor and the Legislative Council of Jamaica as follows:— 1— Any person who having prior to the commencement Low of of this Law obtained local naturalisation as a British Nationality, subject under the provisions of the local act 35 Charles II, Chapter 3, by obtaining when in any foreign State and not under disability a certificate of naturalisation or by any other voluntary and formal act becomes naturalised therein, shall thenceforth be deemed to have ceased to possess the local status of a British subject in the Colony. • 2— Law 9 of 1928 is hereby repealed. Repeal. 3— This Law may be cited as the Loss of British short Title. Nationality and Status Law, 1929.

JAMAICA

No. 7— 19£9.

I assent,

[L.S.]

R. E. Stubbs, Governor. 15th May, 1929.

A LAW to amend The Attorneys Admission Law 1869 (Law 9 of 1869). [16th May, 1929.] n E it enacted by the Governor and Legislative ** Council of Jam aica as follows.:—

1— This Law shall be read and construed as one with Construction, the Attorneys Admission Law 1869 (Law 9 of 1869), hereinafter referred to as the principal Law and with any Laws amending the same. 2— From and after the passiug of this Law no solicitor must Attorney, Solicitor, or Proctor, shall be entitled to take actual b*ractioe any person to be bound by articles to serve him as a leLt^bdbreat clerk for the period provided by the principal Law, unless such Attorney, Solicitor, or Proctor, has himself been in actual practice as such in Jamaica for a period of not less than five years, to be computed from the day of the date of the certificate of admission of the said Attorney, Solicitor or Proctor. |i I ‘Z.'Z- 2 [No. 7.] The Attorneys Admission Law Amendment Law, 1929. Counting of eerviee. 3— Service under articles by any person as a clerk to any Attorney, Solicitor or Proctor, of less than fivo years practice as aforesaid shall not be counted as- service under section three of the principal Law, so as to enable such person to be admitted as an Attorney,. Proviso. Solicitor or Proctor: Provided always that nothing in this Law shall apply to any clerk who, before the- passing of this Law, was bound by articles to serve any Attorney, Solicitor or Proctor, of less than five years, standing as aforesaid, or to affect the validity of such service. 4

Shoit Title. 4— This Law may be cited as the Attorneys Admissioni Law Amendment Law 1929. JAMAICA.

No. 8— 1929.

I assent,

JL.S.)

R. E. Stubbs, Governor. 15th May, 1929. A LAW to amend the Reformatories and Industrial Schools Law, 1881 (Law 34 of 1881). [16th May, 1929,1

T>E it enacted by the Governor and Legislative Council of Jamaica as follows:— 12

1— Where any child has been ordered to be detained t—„ of age in a Reformatory or in an Industrial School, it shall be ofdetention- lawful for the Governor, when it appears to him that it will be advantageous for that child or that it is desirable in the interests of the community, to order, at any time before that child attains the age of sixteen years, that that child shall be detained in a Reformatory or in an Industrial School until it attains the age of eighteen years. 2— Section 21 of Law 34 of 1881 (The Reformatories and Industrial Schools Law, 1881) is hereby amended ilofji88iI'ftw by deleting the word “ eighteen” appearing in the eighth 2 [No. 8.] The Reformatories and Industrial Schools Law, Amendment Law, 1929. line of the said section, and substituting therefor the words “twenty-one.”

Short Title and 3—This Law may be cited as the Reformatories and conatrnotion. industrial Schools Law, Amendment Law, 1929, and shall be read and construed as one with the Reformatories and Industrial Schools Law, 1881 (Law 34 of 1881) and any Law amending the same. JAMAICA.

No. 9— 1929.

I assent,

[L.S.]

R. E. Stubbs, Governor. 24th May, 1929.

A LAW to remove doubts as to the validity of certain Marriages in the Cayman Islands. [30th May, 1929.]

HEREAS it has been customary for Justices of the Preamble. W Peace of the Cayman Islands to issue Special Marriage Licenses under Section 7 of Law 28 of 1905, and for Marriages to be performed thereunder : And whereas doubts have been raised as to the validity and legality of such marriages since the third day of June, one thousand nine hundred and nine : Be it enacted by the Governor and Legislative Council of Jamaica as follows :— 1—All marriages performed in the Cayman Islands since the third day of June one thousand nine hundred riagea. and nine under the authority of Special Marriage Licenses issued by Justices of the Peace of the Cayman Islands are [No. 9.] The Cayman Islands Marriages (validity) Law, 1929. ; hereby declared to be legal and valid marriages and are binding in every way as though the Justices of the Peace issuing the Special Marriage Licenses had been fully empowered to do so.

2—This Law may be cited as the Cayman Islands Marriages (validity) Law, 1929. JAMAICA.

No. 10— 1929.

I assent,

[US.]

R. E. Stubbs, Governor. 24th May, 1929.

The Appropriation Law, 1929-30. [30

Si !H k D I I I .B .

£ Charges of Debt ...... 720 Pensions ...... 7,990 Pensions of Widows and Orphans .. . . 2,050 Governor and Staff ...... 2,692 Privy Council ...... 62 Legislative Council ...... 4,704 Colonial Secretariat .. . . . , 9,195 Lands Department ...... _ 8,198 Audit Department ...... 6,254 Public Treasury ...... 6,714 Currency Commissioners ...... 2,605 Government Savings Bank .. . . 8,500 Clerks of Parochial Boards .. .. 150 Collector General’s Department .. 84,755 Post Office ...... 98,028 Supreme Court .. .. 2,103 Law Officers ...... 3,349 Kingston Court ...... 2,041 Resident Magistrates’ Court .. 16,561 Administrator General’s Office .. 6,162 Medical— General Administration .. .. 42,442 Hospitals and Lepers’ Home .. 77,309 Lunatic Asylum .. .. 26,920 Constabulary ...... 192,681 Prisons ...... 53,970. Industrial School, Stony Hill .. .. 8,893 Education ...... , 183,756 Harbours and Pilotage .. .. 6 333 Marine Board ...... 1 591 Local Forces ...... 9 735 Registrar General’s Dept., Island Record Office 100 Registration of Titles Office ...... 1315 Government Printing Office .. .. 14 293 Board of Supervision .. ... 5 Department of Science and Agriculture .. 36,069 Agricultural Loan Societies Board .. 1 5 7 5 Subventions ...... 53 434 Miscellaneous ...... 70 502 Railway ^ ...... 1 7 l'o9 5 Public Works Department .. . . . 60855 Public Works, Annually Recurrent .. 313 750 Public Works, Extraordinary .. .. 160^281

£1,759,737 \ ------• JAMAICA.

No. 1 1 -1929.

I assent,

[L.S.]

R. E. Stubbs, Governor. 30th May, 1929.

A LAW to amend the Government Savings Bank Law, 1925 (Law 11 of 1925). [oth June, 1929.]

O E it enacted by the Governor and Legislative Council ^ of Jamaica as follows:—

1—Section 11 sub-section (2) of the principal Law is hereby amended by adding at the end thereof the following Law n of lW proviso:—

"Provided however that when money is deposited on the first day of a calendar month or when such day falls on a Sunday or on a Public Holiday and money is deposited on the day next following such Sunday or Public Holiday interest shall accrue from and including the first day of the calendar month; and provided further that when money is withdrawn on the last day of a calendar month or when such day falls on a Sunday or on a Public [N o . 11.] The Government Savings Bank Law, Further Amendment Law, 1929. Holiday and money is withdrawn on the day next preceding such Sunday or Public Holiday interest shall continue to accrue until and including the last day of the calendar month.’ ’

2—This Law may be cited as the Government Savings Bank Law, Further Amendment Law, 1929, and shall be read and construed as one with the Government Savings Bank Law 1925, (Law 11 of 1925) herein referred to as the principal Law and any Law amending the same. JAMAICA.

No. 12— 1929.

I assent,

IL.S.]

R. E. Stubbs, Governor. 30th May, 1929.

A LAW to amend the Stamp Duty Law, 1903 (Law 40 of 1903.) [6th June, 1929.J E it enacted by the Governor and Legislative B Council of Jamaica as follows:— 1—This Law shall be read and construed as one with Construction, the Stamp Duty Law, 1903, (Law 40 of 1903), hereinafter referred to as the principal Law, and any Law amending the same. 2—Section 11 of the principal Law as amended by Repeal of Section 3 of Law 7 of 1916, is hereby repealed and the prindpai11 following section substituted therefor:— *?d substitu*jon 11—Every banker, banking corporation or therefor, co-partnership who may issue notes payable to bearer on demand, without the same being stamped, shall under a penalty of one hundred pounds for every default, within twelve days after the last 2 [No. 12.] The Stamp Duty Further Amendment Law, 1929. day of each of the months of March, June, September and December in every year, deliver to the Stamp Commissioner a just and true account, verified upon the declaration of any director, manager, secretary, cashier or accountant of such corporation or co-partnership, to be made before any , of the amount or value of all their promissory notes in circulation on some given day in every week for the space of one quarter of a year prior to the quarter day immediately preceding the delivery of such accounts, together with the average amount or value thereof, according to such account, and shall also pay to the Treasurer of this Island, or otherwise as by Law directed, the sum of twenty shillings for every one hundred pounds and also for the fractional part of one hundred pounds of the said average amount or value of such notes in circulation, according to the true intent and meaning of this Law.”

Short Titla. 3—This Law may be cited as the Stamp Duty Further Amendment Law, 1929.

/ JAMAICA.

No. 13— 1929.

I assent,

|L.S.]

R. E. Stubbs, Governor. 30th May, 1929.

A LAW to provide for an additional pension to Captain Patrick Ruane, formerly a Sergeant-Major of the Jamaica Constabulary Force and an Inspector of Police in the Leeward Islands Police Force.

[Qth June, 1929.] HEREAS by Resolution of the Legislative Council Preamble. W passed on the eighteenth day of April, one thousand nine hundred and twenty-nine leave was given to intro­ duce a Bill to enable Captain Patrick Ruane formerly a Sergeant-Major of the Jamaica Constabulary Force and an Inspector of Police in the Leeward Islands Police Force, to be granted an additional pension at the rate of seven­ teen pounds nineteen shillings and nine pence per annum as from the date of his retirement from the Police Force of the Leeward Islands:

Be it enacted by the Governor and Legislative Council of Jamaica as follows:—

1 Notwithstanding anything to the contrary in any Provision for Law contained the said Captain Patrick Ruane shall be pension.addi!ion»1 [No. 13.J The Pension Provision (Captain Patrick Ruane) Law, 1929:. entitled to be paid an additional pension of seventeen: pounds nineteen shillings and nine pence per annum from the date of his retirement from the Police Force of the Leeward Islands: Provided that such pension shall be deemed to be a pension granted under a Law to organize a Constabulary Force 1867 (Law 8 of 1867) and any Law amending the same or incorporated therewith, and: shall be subject to the provisions of the said Law and any regulations made thereunder. 2—This Law may be cited as the Pension Provisi^ (Captain Patrick Ruane) Law, 1929. JAMAICA.

No. 14— 1929.

I assent,

(L.S.]

R. E. St u b b s, Governor. 5th June, 1929.

A LAW to Vest a Portion of the Kingston Race Course in Trustees for the Purposes of Child Welfare. [13th June, 1929.]

E it enacted by the Governor and Legislative Council B of Jamaica as follows:—

1—That portion of the Kingston Race Course mentioned vesting, and described in the Schedule hereto is hereby vested in the person for the time being holding the office or discharging the duties of Colonial Secretary of Jamaica and the persons for the time being holding the offices of Mayor and Deputy Mayor of the Kingston and Saint Andrew Corporation.

2—The Trustees shall hold the said land upon such Trusts upon Trusts and for such uses and purposes in relation to Child w oh held' Welfare as the Council of the Kingston and Saint Andrew Corporation may from time to time by resolution approved by the Governor in Privy Council determine. 2 [No. 14.] The Kingston Race Course Vesting (Child Welfare) Law 1929.

Publication of resolution. 3—Every such resolution when approved by the Governor in Privy Council shall be published in the Jamaica Gazette and shall after such publication have the same effect as if it were contained in this Law.

Short Title. 4—This Law may be cited as the Kingston Race Course Vesting (Child Welfare) Law 1929.

Schedule. All that parcel of land part of the Kingston Race Course formerly used as the City Cart Stables triangular in shape containing one acre three roods and two perches and butting northeasterly, and easterly on the Highway now known as the West Race Course Road, southerly on the street known as New North Street and westerly on a lane 15 feet wide now known as Stable Lane dividing the said parcel of land from the land known as Palmers Burial Ground and the land mentioned as No. 14 in the Schedule to law 11 of 1876. JAMAICA.

No. 15— 1929.

1 assent,

[L.S.]

R. E. Stubbs, Governor.

5th June, 1929.

A LAW to amend the Estate Duty Law, 1916 (Law 21 of 1916).

[13th June, 1929.]

D E it enacted by the Governor and Legislative Council ^ of Jamaica as follows:— 1—Section 18 sub-section (1) of the Estate Duty Law, °j «*- 1916 (Law 21 of 1916), is hereby repealed and the fol- section is of the lowing sub-section substituted therefor:— uw,^9i6.ty [No. 15-] The Estate Duty Law, Amendment Law, 1929. Estate Duty shall be pay­ able at the Where the principal rate per value of the estate cent, of exceeds £1,000 and does not exceed £2,000 3 £5,000 4 9 9 £2,000 9 9 9 9 £10,000 5 9 9 £5,000 9 9 9 9 £15,000 6 99 £10,000 9 9 9 9 £20,000 7 99 £15,000 9 9 9 9 £30,000 8 9 9 £20,000 9 9 9 9 £40,000 9 99 £30,000 99 9 9 £50,000 10 99 £40,000 £ S 9 9 £60,000 11 99 £50,000 9 9 9 9 £70,000 12 9 9 £60,000 9 9 99 £80,000 13 9 9 £70,000 99 9 9 £90,000 14 99 £80,000 99 99

9 9 £100,000 15 9T £90,000 9 9 £200,000 16 9 9 £100,000 9 9 9 9 £300,000 99 £200,000 9 9 9 9 17

9 9 £300,000 99 9 • £400,000 18

99. £400,000 9 9 9 9 £500,000 19

99 £500,000 20

.Mion Title. 2—This Law may be cited as the Estate Duty Law, Amendment Law, 1929. JAMAICA.

No. 16— 1929.

I assent.

[L.S.]

R. E. Stubbs, Governor. 5th June, 1929.

The Criminal Justice Law, 1929.

[13th June, 1929.]

E it enacted by the Governor and Legislative B Council of Jamaica as follows:— 1—Where a person is remanded on bail the Contfanon* recognisance may be conditioned for his appearance at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned, without prejudice, however, to the power of the Court to vary the order at any subsequent hearing.

2—The wife or husband of a person charged with Provinonmto bigamy may be called as a witness either for the prose- ev* ence‘ cution or defence and without the consent of the person charged. 2 [No. 16:] The Criminal Justice Law, 1929. P*werof Juatires 3— The provisions of any Laws relating to the admin­ to order produc­ tion of docu­ istration of criminal justice enabling a Justice to issue ment*. a summons to any witness to attend to give evidence before a Court of summary jurisdiction, shall be deemed to include the power to summon and require a witness to produce to such Court books, plans, papers, documents, articles, goods and things likely to be material evidence on the hearing of any charge, infor­ mation, or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend and give evidence or to be sworn, or to give evidence, shall apply accordingly.

OoHvietion« on 4— (1) Where a prisoner is arraigned on an indictment indSotmant*. for any offence, and can lawfully be convicted on such indictment of some other offence not charged in such indictment, he may plead not guilty of the offence charged in the indictment, but guilty of such other offence. (2) If on the trial of any indictment for larceny it is proved that the defendant took any chattel, money or valuable security in question in any such manner as would amount in Law to obtaining it by false pre­ tences with intent to defraud, the Jury or Resident Magistrate, as the case may be, may acquit the defend­ ant of larceny and find him guilty of obtaining the chattel, money, or valuable security by false pretences, and thereupon he shall be liable to be punished accordingly.

Power to direct 5— Where for any reason whatsoever the trial of a trial or re-trial at Circuit Court person who has been committed to be tried for an of another parish, indictable offence before a Circuit Court, for any parish is either not proceeded with or not brought to a final conclusion before that Court, it shall be lawful for that Court, if in its discretion it thinks it convenient so to do, with a view either to expedite the trial or re-trial or to save expense and, is satisfied The Criminal Justice Law, 1929. [No. 16.] 3 that the accused will not thereby suffer hardship, to direct that the trial or re-trial of the accused shall take place before a Circuit Court for some other parish and thereupon the trial shall proceed and take place in such parish in every respect as if the committal for trial had been in that parish.

6— (1) Any warrant lawfully issued by a Justice forProvision to execute warrant compelling the appearance of any person or for ap­ in any parish. prehending any person charged with an offence, whether punishable on summary conviction or on indictment, and any warrants cf commitment, search warrant or warrant of distress, lawfully issued by a Justice may be executed in any parish in Jamaica out­ side the jurisdiction of the Justice by whom it was issued in the same manner as if it had originally issued by a Justice having jurisdiction in that parish and the execution may be effected either by any person to whom the warrant was originally directed or by any constable, and in the case of a warrant of commitment the person apprehended may be conveyed either to the prison mentioned in the warrant or to any other prison. (2) The power of a Justice under section three of this Law to summon and require any person to attend as a witness apd to produce such books, plans, papers, documents, articles, goods and things as are mentioned in the said section, shall be extended so as to authorise the issue of such process in the case of a person who though not within the jurisdiction of the Justice is in any parish in Jamaica. 7

7— (1) Every information, complaint, summons,Form oi docu­ ments in crimi­ warrant or other document laid, issued or made for the nal proceedings purpose of or in connection with any proceedings before before Justice*. examining Justices or a Court of summary jurisdiction for an offence, shall be sufficient if it contains a state­ ment of the specific offence with which the accused person is charged, together with such particulars as 4 [No. 16.] The Criminal Justice Law, 1929. may be necessary for giving reasonable information1 as to the nature of the charge. (2) The statement of the offence shall describe the offence shortly in ordinary language avoiding as far as possible the use of technical terms, and without neces­ sarily stating all the essential elements of the often ce*- and, if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence. (3) After the statement of the offence, necessary particulars of the offence shall be set out in ordinary language, in which the use of technical terms shall not be required. (4) Any information, complaint, summons, war-- rant or other document to which this section applies which is in such form as would have been sufficient in law if this Law had not been passed shall, notwith­ standing anything in this section continue to be sufficient in law.

Power of arrest 8— Any warrant lawfully issued by a Justice for under warrant. apprehending any person charged with any offence may be executed by any constable at any time notwith­ standing that the warrant is not in his possession at that time but the warrant shall, on the demand of the person apprehended, be shown to him as soon as practicable after his arrest.

Abolition of pre­ 9— Any presumption of law that an offence com­ sumption of ooercion of mitted by a wife in the presence of her husband is- married woman by husband. committed under the coercion of the husband is hereby abolished, but on a charge against a wife for any offence, other than treason or murder, it shall be a good defence- to prove that the offence was committed in the presence of and under the coercion of the husband.

Power to reduce 10— Notwithstanding anything in any law regulating' sentence passed in Petty Sessions. appeals from a Court of Petty Sessions the Court or Judge of Appeal shall, if suet Court or Judge of Appeal The Criminal Justice Law, 1929. [No. 16.] 5 thinks that a different sentence should have been passed quash the sentence passed by the Justice or Justices of the Peace at the trial and pass a less severe sentence in substitution therefor as such Court or Judge of Appeal thinks ought to have been passed. Any substituted sentence so passed shall be enforce­ able in the same manner as the sentence for which it has been substituted would have been enforced.

11— The Court or Judge of Appeal may, notwith­Power to dismift appeal. standing that the Court or Judge of Appeal is of the opinion that the point raised in the appeal might be decided in favour of the Appellant dismiss the appeal if such Court or Judge of Appeal considers that no substantial miscarriage of justice has actually occurred.

12— Notwithstanding anything contained in any lawFiling of ground* of appeal. regulating appeals from the judgment of a Resident Magistrate in any case tried by him on indictment or on information by virtue of a special statutory sum­ mary jurisdiction the Appellant shall within twenty-one days after the date of the judgment draw up and file with the Clerk of the Courts for transmission to the Court of Appeal the grounds of appeal and on his failure to do so he shall be deemed to have abandoned the appeal. Provided always that the Court of Appeal may in any case for good cause shown hear and determine the appeal notwithstanding that the grounds of appeal were not filed within the time herein before prescribed.

13— This Law may be cited as the Criminal JusticeShort Title. Law, 1929.

JAMAICA.

Mo. 17— 1929.

c' _ -JH I assent,

[L.S.]

R. E. Stubbs, Governor. 5th June, 1929.

The Sale of the Bark of Trees (Prevention) Law, 1929. [IZth June, 1929.]

O E it enacted by the Governor and Legislative Council ^ of Jamaica as follows:—

1—(1) If any person is found selling or offering for Burden of proof, sale the bark of any trees mentioned in the schedule to this Law, the onus shall be upon the person so found selling or offering for sale to prove either— (a) that the bark is bark taken from a tree growing on property of which he is in actual occupation and possession as owner; or (b) that he was authorised in writing by the owner of the tree from which the bark was taken to sell or to offer the same for sale. (2) Any person so found selling or offering for sale offence under any bark and failing to prove any of the facts set forth [No. 17.] The Sale of the Bark of Trees (Prevention) Law, 1929. in sub-section (1) of this section, shall be guilty of an offence against this Law, and on conviction before any two Justices cf the Peace shall be liable to a penalty of ten pounds and in default of immediate payment to be imprisoned with hard labour for three months.

Power of 2— It shall be lawful for the Governor in Privy Council Governor in Privy Council. at any time and from time to time to alter or amend the schedule or to substitute therefor another schedule of like character.

Short Title* 3— This Law may be cited as the Sale of the Bark of Trees (Prevention) Law, 1929.

SCHEDULE. Mahogany. Mahoe. Dogwood. JAMAICA.

No. 18— 1929.

I assent,

[L.S.]

R. E. Stubbs, Governor. 10th June, 1929.

The Telegraph Control Law, 1929. [13^ June, 1929.] TT7HEREAS doubts have arisen whether fees for Preamble. licenses can be properly charged under Rules or Regulations made under the Telegraph Control Law, 1904 (Law 7 of 1904).

And whereas it is considered desirable to repeal the said Law and to make provision for the validating of such Rules and Regulations and for other matters under the said Law. Be it enacted by the Governor and Legislative Council of Jamaica as follows:— 1—No person shall within the Colony or any of its Unlicensed Dependencies establish maintain or use any telegraphic appMatus* apparatus, mechanism or contrivance of what nature or proWbite

Governor in 2—It shall be lawful for the Governor in Privy Privy Council may ;make Rules Council from time to time to make, and as he shall think and Regulations. fit repeal alter or vary Rules and Regulations for all or any of the following purposes, viz.: . («) Permitting or licensing any person to establish maintain or use any telegraphic apparatus, mechanism or contrivance whether for the service of the public or for any private purpose. (6) Attaching conditions, restrictions and limitations to the exercise of the privilege by such permis­ sion or license conferred. (c) Prescribing the fees payable on the grant of any such permission or license. (d) The exercise of all such powers and control over telegraphic establishments (by temporarily enter­ ing into possession thereof or otherwise) as may be necessary for the public safety whether at all times or in any case of emergency which may arise. (e) And generally for the better carrying out of the provisions of this Law. The Telegraph Control Law, 1929. [No. 18.] 3

3—All Rules or Regulations in force at the coming into Effeot of previous Rules operation of this Law shall remain in full force and effect and Regulations. until new Rules or Regulations are made under the provisions of this Law as if the same had been made under this Law.

Rules and Regulations made under this Law shall come Coming into foroe of Rules into force as from the date of the publication thereof in and Regulations. the Jamaica Gazette.

4 _ if any person establishes, maintains or uses any Offences and telegraphic apparatus, mechanism or contrivance of punishment. whatsoever nature or kind without permission or license in that behalf or commits a breach of any Rule or Regula­ tion made under the power contained in this Law he shall be liable on summary conviction by a Resident Magistrate for the parish in which the telegraphic- apparatus, mechanism or contrivance is situate or in which such breach has been committed to a penalty not exceeding two hundred pounds or in default of payment to imprison­ ment with or without hard labour for a period not exceeding twelve months and in either case be liable to forfeit any such telegraphic apparatus, mechanism o'* contrivance established maintained or used without permission or license: Provided however that no proceed­ ings shall be taken against any person under this Law except by order of the Attorney General.

5—It shall be lawful for the Governor to appoint and Power in the Governor to empower any person or persons for such time or times as appoint persona the Governor shall think fit to enter any premises on to inspeot. twenty-four hours notice being given to the occupier or owner thereof for the purpose of inspecting aiy tele­ graphic apparatus, mechanism or contrivance therein or which such person or persons suspect may be contained therein. Any person obstructing, hindering or preventing any person so appointed from entering as aforesaid shall be guilty of an offence under this Law and shall be liable on summary conviction by a Resident Magistrate for the parish in which the offence is committed to a penalty 4 [No. 18.] The Telegraph Control Law, 1929. not exceeding two hundred pounds or in default of pay­ ment to be imprisoned with or without hard labour for a period not exceeding twelve months.

Saving as to 6 —Nothing in this Law contained shall invalidate or nghtaiready impair any legal right already possessed by any Telegraph or Cable Company under any license granted under anjr Law repealed by this Law. validating 7—All Rules or Regulations made under the Telegraph ®eetion- Control Law, 1904 (Law 7 of 1904) are hereby declared to have been validly made as if the same had been made under this Law.

Repeal. 8 —The Telegraph Control Law, 1904 (Law 7 of 1904) and the Telegraph Control Amendment Law, 1926 (Law 24 of 1926) are hereby repealed.

Short Title. 9—This Law may be cited as the Telegraph Control Law, 1929. JAMAICA.

No. 19— 1929.

I assent, [L.S.]

R. E. Stubbs, Governor. 6th June, 1929. A LAW for the Incorporation of the Society of Jesuits in Jamaica.

[13^ June, 1929.]

HEREAS the Society of Jesuits in Jamaica is W possessed of real and personal property in this Island used for religious, charitable and educational purposes, the legal title to which is now vested in Trustees and whereas in order to obviate the necessity of the appointment from time to time of new Trustees in the event of the death or removal of the Trustees thereof for the time being it is deemed expedient and desirable that the Society of Jesuits in Jamaica be created a Corporate Body with perpetual succession in whom all such property real and personal should be vested and possessed of the powers by this Law conferred. Be it enacted by the Governor and Legislative Council of Jamaica as follows:— 2 [No. 19.] The Society of Jesuits in Jamaica Incorporation. Law, 1929. j

Incorporation of 1— The Very Reverend Francis John Kelly the present “The Society of Jeeuits in Superior of the Society of Jesuits in Jamaica, the Reverend Jamaica.” Joseph Francis Ford, Vice-Superior of the said Society, the Reverend John F. Shea, Treasurer of the said Society, the Reverend George F. McDonald, Headmaster of St. Georges College conducted under the direction of the said Society and their Successors, the persons for the time being holding the several offices of Superior, Vice-Superior and Treasurer the said Society in Jamaica and Headmaster of St. Georges College and one other Priest of the said Society to be from time to time nominated by the Superior are hereby declared constituted and appointed a Corporation or Body Corporate to have continuance for ever by the name of “The Society of Jesuits in Jamaica” and possessed of a Corporate Seal.

Realty and per 2— All real and personal property in Jamaica now held eonalty vested in Corporation by or vested in Trustees on behalf of the said Society to subject to all TrUBts Mort­ wit the Reverend Francis Xavier Delany, Ferdinand gages, 4c. Chatard Wheeler, Joseph Michael Aloysius Kelly and Augustus Joseph Duarte shall be held by and the same are hereby vested in the Corporation for the same estate and interest and to the extent to which the same were respectively held by or vested in the said parties herein­ before named at the passing of this Law subject to all Trusts Mortgages Charges or Incumbrances (if any) affecting the same or any part thereof.

Powers of 3— The Corporation shall have the following powers:— Corporation, (a) To acquire, purchase, lease, possess and enjoy any lands or hereditaments whatsoever in fee simple for leasehold or for any other estate or interest therein and all other property real personal or mixed. (b) To improve, manage, develop, exchange, lease, mortgage, sell, convey, assign, dispose of, turn to account or otherwise deal with all or any of the property both present and future so held or vested or any part thereof* The Society of Jesuits in Jamaica Incorporation Law, 1929. [No. 19.] 3 (c) To borrow or raise or secure the payment of money in such manner as may be thought fit and in particular by the issue of Debentures or Scrip charged upon all or any of the property (both present and future) held by or vested in the Corporation and to redeem and pay off such securities. 4— No deed or document purporting to be executed by Uode <* the Corporation shall be of any force or validity unless it documents by be sealed with the Corporate Seal and signed by not less rporatlon* than two Members of the Corporation of whom the Superior or Vice-Superior for the time being of the Jesuits in Jamaica shall be one. 5— Nothing in this Law shall prejudice or affect the Nothing in thia t Law to prejudice rights of His Majesty the King His heirs and successors or or affect rights or of any body politic or corporate or of any other person or King, &^y the persons except such as are mentioned in this Law and those claiming by from through or under them. 6 6— This Law may be cited as The Society of Jesuits in short Title. Jamaica Incorporation Law, 1929.

JAMAICA.

No. 20— 1929.

I assent,

[L.S.]

R. E. Stubbs, Governor. 8th August, 1929.

A LAW to amend the Married Woman’s Property Law, 1886.

[22nd August, 1929.] HEREAS it is expedient to amend the Law in this Preamble- W Island relating to the liability of a husband for the torts of his wife : Be it enacted by the Governor and Legislative Council of Jamaica, as follows:—

1 —This Law may be cited as the Married Woman’s short Title and . , , - , . . construction. Property Law, Amendment Law 1929, and is incorporated and shall be read as one with the Married Women’s Property Law 1886 (Law 21 of 1886), which is in this Law referred to as the Principal Law, and any Law amending that Law or incorporated therewith. 2—From and after .the commencement of this Law yb“dn

Sec. 15 of Lew 3— The words “and wrongs committed” occurring in 21 of 1886, •mended. the second and third lines of section 15 of the Principal Law are hereby repealed, and also the words “or wrongs” in the eleventh line of the same section ; and the word “or” shall be inserted before the word “contracts” in the eleventh line of the said section.

Liability of 4— A married woman shall be personally liable on her married woman on eon. contracts, whether made before or after marriage and in tracts. respect of torts committed by her whether before or after her marriage in all respects as if she were a femme sole and any judgment or order which may be given or made against a married woman in any action or proceeding at Law or in equity in which she may be involved shall be against her as a personal judgment and she shall be liable on the said judgment or order and shall satisfy the same Proviso. in all respects as if she were a femme sole : Provided that nothing herein contained shall affect the Law as at present existing in respect of property of which a married woman, may be entitled to any interest subject to restraint against anticipation. JAMAICA.

No. 21— 1929.

I assent.

|L.S.] R. E. Stubbs. Governor. 29th November, 1929.

A LAW to Allow and Confirm Certain Expenditure incurred in the Financial Year 1928-1929. [12th December, 1929.] HEREAS expenditure was necessarily incurred during W the Financial Year 1928-1929, on certain services not provided for by Law 14 of 1928.

Be it enacted by the Governor and Legislative Council of Jamaica as follows :

1—This Law may be cited as the Supplementary Appro- short Title, priation (1928-1929) Law, 1929.

2—The Expenditure during the Financial Year 1928- Amount 1929 to the amount of Three Hundred and One Thousand, Financial Year One Hundred and Ninety-seven Pounds Eleven Shillings and Three Pence Farthing on certain services set forth in the Schedule to this Law and not provided for or not fully provided for by law 14 of 1928 is hereby allowed and confirmed. 2 [No. 21.] The Supplementary Appropriation (1928-1929) Law, 1929. SCHEDULE. £ s. d. III. Pensions of Widows and Orphans 258 2 5 IV. His Excellency the Governor and Staff 82 5 5 XII. Government Savings Bank 175 6 3 XIX. Kingston Court 49 6 1 XXIII. Medical—Hospitals and Lepers’ Home 4,371 17 6 XXIV. Medical—Lunatic Asylum 1,477 14 0 XXV. Constabulary 2,873 4 11 X X IX . Harbours and Pilotage 68 9 11 XXX. Marine Board 5,013 12 3 XXXI. Imperial Forces Allowances 496 6 1 XXXIII. Pensions and Gratuities, Returned Soldiers 331 6 11 XXXV. Registration of Titles Office 258 17 10 XXXIX. Agricultural Loan Societies Board 8 13 2 XL. Subventions 1,858 5 0 XLI.. Miscellaneous 59,342 13 9f XLH. Railway 65,626 1 8 * XLV. Public Works Extraordinary 158,905 8 0 £301,197 11 3i JAMAICA.

No. 22— 1929.

I assent, [L.S.]

R. E. Stubbs,

Governor. 29th November, 1929. A LAW to amend Law 6 of 1894 (A Law to amend A Law to Regulate the Salary of Officers Administering the Government of Jamaica and the furnishing of Government House). [12th December, 9129.] D E it enacted by the Governor and Legislative Council of Jamaica as follows:— 1— Law 6 of 1894 (A Law to amend a Law to regulate the Repeal of Law 6 salary of Officers administering the Government of Jamaica, of 894' and the furnishing of Government House) is hereby repealed. 2— The sixth Rule contained in Section 8 of Law 7 of R^LIIL^n 1874 is hereby repealed. lgra1*" 7 °f 3— From and after the thirty-first day of March one Non-payment thousand nine hundred and twenty-eight the Governor GovMnofon shall net be liable to pay any sum in respect of furniture provided for King’s House, formerly known as Government House. 4— This Law may be cited as the King’s House Furniture Short T’tk. Law, 1929. f '*• xi

I

■tf'*-' «■ •'* c

. ST&X JAMAICA.

No. 23— 1929.

I assent.

[L.S.]

R. E. Stubbs, Governor. 29th November* 1929.

A LAW to secure a pension to John Barclay, O.B.E., formerly Secretary of the Jamaica Agricultural Society.

The day of the date of any Proclamation notifying that ~1 [His Majesty will not exercise his powers of disallowance. J HEREAS a Resolution to the following effect— Pre»mbie. W That with reference to the Message from His Excellency the Governor, No. 32, dated the first day of May, one thousand nine hundred and twenty-nine, this Council approves of the grant to Mr. John Barclay, O.B.E., on retirement, of a pension in respect of his long, faithful and valuable services as Secretary of the Jamaica Agricul­ tural Society, at the rate of Three hundred and sixty pounds per annum, and of his being paid at that rate pending the passing of the necessary Law—was passed by the Legislative Council on the fourteenth day of May, one thousand nine hundred and twenty-nine. And whereas the said John Barclay retired from the position of Secretary of the Jamaica Agricultural Society on the thirtieth day of June, one thousand nine hundred, and twenty-nine: [No. 23.] The Pension Provision (John Barclay) Law, 1929. Be it enacted by the Governor and Legislative Council' of Jamaica as follows:—

Penal on pro* 1— As from the first day of July, one thousand nine- vision to John Barclay. hundred and twenty-nine there shall be paid to the said John Barclay for his life from the General Revenues of this. Colony a pension at the rate of Three hundred and sixty pounds per annum: Provided always that such pension shall be deemed to be a pension granted under the Pension Law 1904 (Law 24 of 1904), or any Law passed in amend­ ment thereof or substitution therefor and shall be subject to the provisions of the said Law and the regulations made thereunder.

Short Title. 2— This Law may be cited as the Pension Provision. (John Barclay) Law, 1929. 3

Coming into 3— This Law shall not come into operation unless andj operation of Law. until the Governor notifies by Proclamation published in the Jamaica Gazette that it is His Majesty’s pleasure not to disallow the same and thereafter it shall come into operation on such day as the Governor shall notify by the same oiv any other Proclamation. JAMAICA.

No. 24-=—1929.

I assent,

[L.S.]

U. E. Stubbs, Governor. 29th November, 1929.

A LAW further to amend the Maintenance Orders (Facilities for Enforcement) Law, 1923 (Law 15 of 1923). [12th December, 1929.] T>E it enacted by the Governor and Legislative Council of Jamaica as follows:— 1— Section 4 of the Maintenance Orders (Facilities for Repeal. Enforcement) Law 1924 (Law 16 of 1924) is hereby repealed. 2

2— The following section is hereby added to the Addition of new Maintenance Orders (Facilities for Enforcement) Law if tf7923Law 1923 (Law 15 of 1923):— “11—(1) Where the Governor is satisfied that re­ ciprocal provisions have been made by the Legislature Df any British possession or any territory under His Majesty’s protection for the enforcement within such possession or territory of Maintenance Orders made by the Courts in Jamaica, the Governor in Privy Council, 2 [No. 24.] The Maintenance Orders (Facilities for Enforcement) Law, 1929. may by order extend this Law to such possession or territory, and this Law shall thereupon apply in respect of such possession or territory as though the references to or Ireland were references to such possession oi_territory, and the references to the Secretary of State, were references to the Governor of such possession or territory. (2) Any order made by the Governor in Privy Council under this section, may be varied or revoked by a subsequent order.” short Title. 3—This Law may be cited as the Maintenance Ordera (Facilities for Enforcement) Law, 1929 and shall be construed with the Maintenance Orders (Facilities for Enforcement) Law, 1923 (Law 15 of 1923), the principal Law, and all Laws amending the same. JAMAICA.

No. 25— 1929.

I assent,

[L.S.]

R. E. Stubbs, Governor. 18th December, 1929.

A LAW to make provision for the taking from time to time of a Census for Jamaica and its Dependencies and for otherwise obtaining statistical information with respect to the population of Jamaica and its Dependencies. . [2£th December, 1929.]

D E it enacted by the Governor and Legislative Council of Jamaica as follows:—

1—(1) Subject to the provisions of this Law it shall be *wer t0 a™04 lawful for the Governor in Privy Council by Order in takmg ofCensU8* Privy Council from time to time to direct that a Census shall be taken for Jamaica and its Dependencies and any Order under this section may prescribe— (a) the date on which the Census is to be taken; (b) the persons by whom and with respect to whom returns for the purposes of the Census are to be made: 2 [No. 25.] The Census Law, 1929. Provided that— (i) an Order shall not be made under this section so as to require a Census to be taken in Jamaica or its Dependencies in any year unless at the commencement of that year at least ten years have elapsed since the commencement of the year in which a Census was last taken; (ii) no particulars shall be required to be stated other than particulars with respect to such matters as are mentioned in the schedule to this Law. (2) Any Order in Privy Council made under this section may be revoked, amended or varied by a subsequent Order.

Duty of Regis­ trar General to 2— (1) It shall be the duty of the Registrar-General to carry out Census make such arrangements and do all such things as are and provision for expenses. necessary for the taking of a Census in accordance with the provisions of this Law and of any Order in Privy Council or regulations made thereunder and for that purpose to make arrangements for the preparation and issue of the necessary forms, instructions and books and for the collection of the forms when filled up.

(2) The Registrar-General in exercise of his powers and in the performance of his duties under this Law or any Order in Privy Council or regulations made thereunder shall comply with any directions given by the Governor. (3) Any expenses incurred with the sanction of the Governor by the Registrar-General in connection with the taking of a Census or otherwise in connection with the exercise of these powers or the performance of his duties under this Law shall be defrayed out of moneys voted by the Legislative Council. 3

Regulations with respect to pro­ 3— For the purpose of enabling any Order in Privy ceedings for tak­ Council directing a Census to be taken to be carried into ing Census. effect, the Governor in Privy Council may make regulations— The Census Law, 1929. [No. 25.] 3 (a) providing for the division of Jamaica and its Dependencies into districts for the purposes of the Census and the appointment of persons to act in those districts in connection with the Census as parochial registrars, enumer­ ators or assistants or in any other necessary capacity in connection with the taking of the Census; (b) to require any persons appointed under the provisions of this section to perform such duties in connection with the taking of the Census as may be prescribed; (c) requiring persons employed for the purposes of the Census to make a statutory declaration with respect to the performance of their duties, such declaration to be made before a Justice of the Peace;

Preparation of 4_ (i) The Registrar-General shall as soon as may be tabulated re* after the taking of a Census prepare a specified tabulated turns, reports and abstracts. return according to a form to be prescribed by the Governor in Privy Council showing the number of the inhabitants of each parish, island or cay; the number of houses and all other particulars thereby required to be shown and shall transmit the specified tabulated return with a general report thereon to the Colonial Secretary. [No. 25.] The Census Law, 1929. (2) The Registrar-General may with the approval of the- Governor at the request and cost of any Parochial Board cause abstracts to be prepared containing any such statis­ tical information being information which is not contained in the report made by him under this section and which in his opinion it is reasonable for the Board to require, as can be derived from the Census returns.

Preparation of 5— It shall be the duty of the Registrar-General statistics in re­ spect of periods from time to time to collect and publish any available between one Census and statistical information with respect to the number and another. condition of the population in the interval between one Census and another and otherwise to further the supply and provide lor the better co-ordination of such inform­ ation, and the Registrar-General may make any necessary arrangements for the purpose of acquiring any materials or information necessary for the purpose aforesaid.

Enumerators1 6— It shall be lawful for every enumerator appointed power to enter. under the regulations made under this Law in so far as may be necessary for the purposes of this Law, to enter every house within his district on the day appointed for taking a Census and he may repeat his visits to and entries into and upon any house in his district as often as may be necessary within one week next after the said appointed day for the purpose of obtaining from any inmate of any such house any further information or explanation necessary to enable him to complete, verify or correct any account given to or taken by him in respect thereof or of the inmates thereof. 7

Returns^with re­ spect to homeless 7— Each Parochial Registrar shall by such ways and persons and per­ sons on board means as shall appear to him best adapted for the purpose ships. or as he may be instructed by the Registrar-General, ascertain the particulars required by this Law or any regulation made thereunder so far as may be practicable with respect to all houseless persons and of persons who during the night immediately preceding the day appointed for taking the Census are travelling or are on board ship in Jamaica or its Dependencies or who for any other reason were not abiding in any house of which account The Census Law, 1929. [No. 25.] 9 vraa to be taken by the enumerators and shall declare to the correctness of his return in accordance with the provisions of this Law and shall transmit the same so verified forthwith to the Registrar-General.

8—(1) If any person— O fiances and penalties. (a) refuses or neglects to comply with or acts in contravention of any of the provisions of this Law or of any Order in Privy Council or regulations made under this Law; or (b) being a person required under this Law to make a statutory declaration with respect to the performance of his duties, makes a false declaration or being a person required by any Order in Privy Council or regulations made under this Law to make, sign or deliver any document, makes, signs or delivers or causes to be made, signed or delivered a false document; or (c) being a person required in pursuance of any such Order in Privy Council or regulations to answer any question, refuses to answer or gives a false answer to that question; he shall be guilty of an offence against this Law and for «very such offence shall on conviction therefor be liable to a fine of ten pounds. (2) If any person— (a) being a person employed in taking a Census without lawful authority publishes or com­ municates to any person otherwise than in the ordinary course of such employment any information acquired by him in the course of such employment; or (b) having possession of any information which to his knowledge has been disclosed in contraven­ tion of this Law, publishes or communis t 's that information to any other person; he shall be guilty of a misdemeanour and shall on convic­ tion be liable to imprisonment with or without hard labour for two years or to a fine of £200, or to both such imprisonment and fine. 6 [No. 25.] The Census Law, 1929. Recovery of pen­ alties. 9— The several penalties imposed by this Law shall be recoverable in a Court of summary jurisdiction of the parish, island or cay in which the offence is committed and each person convicted of an offence shall in default of payment of the penalty imposed on him be liable to imprisonment with or without hard labour as the Court may direct for six months.

Extension of Law to Turks 10— This Law extends to the Turks and Caicos Islands and Caicos and and to the Cayman Islands. Cayman Islands. Short Title. 11— This Law may be cited as the Census Law, 1929.

SCHEDULE. Matters in respect of which particulars may be required.—

1 . Names, sex, age. 2. Occupation, profession, trade or employment. 3. Nationality, birthplace, race, language. 4. Place of abode and character of dwelling. 5. Condition as to marriage, relation to head of family, issue born in marriage. 6 . Any other matters with respect to which it is desirable to obtain statistical information with a view to ascertaining the social or civil condition of the population. JAMAICA.

No. 26— 1929.

I assent,

[L.S.]

R. E. Stubbs, Governor. 20th December, 1929. A Law in aid of the Sugar Industry. [2Ath December, 1929.] TJI7’HEREAS. it is desirabfe to afford temporary assist- Preamble. ance during the crop year 1929-30 to the Sugar Industry and encourage the export of not less than 80 per cent, of the total production of sugar manufactured by Vacuum Pan process retaining for local sale and consumption in this Island not more than twenty per cent, of the same during that year. Be it enacted by the Governor and Legislative Council of Jamaica:—

1—From and after the passing of this Law not less than Exportation of eighty per cent, of the quantity of sugar manufactured by tureribyvacuum the Vacuum Pan process for the crop year 1929-30 by £r*np:fy°“ ss for each sugar manufacturer in this Island shall be exported 1929-30. or sold for export and no part of such eighty per cent, shall be allowed to be available for local consumption. Provided the Governor in Privy Council may by order permit a smaller proportion of the said crop to be exported. 2 [No. 26.] The Sugar Industry Aid Law 1929

Appointment of Board by 2— It shall be lawful for the Governor to appoint a Governor. Board to be called ‘ * The Sugar Board, 1929,” to carry out the provisions of this Law and from time to time to define the composition, powers, and duties of the Board and from time to time to appoint a Chairman of the Board.

License neces­ 3— (1) It shall not be lawful to import sugar into the sary for impor­ tation. Island except under a license first obtained for the purpose from the Sugar Board, 1929. Firing of maxi­ (2) It shall be lawful for the Governor by order to ] mum retail price by be published in the Gazette to fix the maximum retail 1 Governor. prices for the various grades of sugar in Jamaica during ' the crop years 1929-30 and 1930-31 and also by like order I to vary such maximum prices and/or to revoke any such order previously made. Penalty on con­ (3) Every person who is concerned in importing any I travention. sugar contrary to the provisions of this Law shall on conviction be liable to a penalty of one hundred pounds I and in default of payment of the penalty imposed to j imprisonment with or without hard labour for three ] months. Penalty for (4) Any person selling sugar in excess of such ] selling in excess of fixed maxi­ maximum price so fixed as aforesaid shall on conviction 1 mum retail price. be liable to a penalty of five pounds for any such offence I and in default of payment of the penalty imposed to imprisonment with or without hard labour for one month. Forfeiture on (5) Any sugar imported contrary to the provisions j contravention. of this section may be seized as though it were prohibited I goods within the meaning of section 37 of the Customs 1 Consolidation Law, 1877 and shall be forfeited and may I be disposed of as the Governor may direct. Onus of proof (6) In proceedings for the forfeiture of any sugar I in proceedings for forfeiture. under this section the onus of proof shall be upon the 1 person claiming the sugar, and it shall not be necessary 1 for the person prosecuting the suit to prove that the J sugar is liable to seizure or forfeiture. Powers of (7) The officers of Customs, and any person acting 1 Customs Officers. with their concurrence, may stop any ship or boat, which 1 . they have reason to suspect has on board any sugar, of 1 which the importation is prohibited under this Law, and may detain such ship or boat until search has been made The Siigar Industry A id Lau>, 1929. [No. 26.J 3 and such sugar, if found, has been seized and removed under this Law.

(8 ) The Governor may direct, in any p a r t i c u l a r Governor may case, that no suit for forfeiture or other proceedings under stopan^ suit or this Law shall be commenced, or if any such suit or " t£rns°odsor proceedings have been commenced, may cause the same to be stopped by directing the Attorney General to enter a nolle prosequi, or to take such other step as may be necessary to stop such suit or proceedings. The Governor may, if he thinks fit, after the condemnation of any sugar, or payment of any fine under this Law, return the whole or any portion of such sugar or fine to the owner thereof, or the person paying the fine.

4—Whenever at the date of any sale of sugar for export Trea^rerrf £2 by a sugar manufacturer the netting price of 96 degrees t0““ sugar Refining Crystals if sold on that date to Halifax would 1929-30. be below £16 per ton F.O.B. Jamaica, the Treasurer shall upon the order of the Governor pay out of the public funds of this Island to each sugar manufacturer in the Island a sum per ton of his sugar crop manufactured in the sugar year 1929-1930 which when added to the netting price on such sale shall bring the total up to £16 per ton: Provided that the sum added shall not exceed £2 per ton: Provided further that the sugar manufacturer to be paid such sum shall, prior to the 30th day of November, 1929, or the passing of this Law whichever shall first occur, join in and accept or assent to a common agreement providing for the appoint­ ment by sugar manufacturers of the Island of a Sugar Manufacturers’ Board and for the export of eighty per cent, of the total quantity of the sugar crop for the sugar year 1929-30 manufactured by them and thereafter for the export of such proportion of the total quantity of the sugar crop for 1930-31 manufactured by such signatories of the said Agreement as the said Sugar Manufacturers’ Board shall prescribe a duplicate of which common agree­ ment signed by The Barnett Estates and other sugar manu­ facturers has been deposited with the Colonial Secretary for Jamaica for identity and shall carry out and fulfil the terms of such common agreement and shall receive from the Sugar 4 [No. 26.] The Sugar Industry Aid Law, 1929. Board 1929 and present to the Treasurer of this Island a certificate according to the form of certificate in the Schedule to this Law.

Calculation of 5— In calculating the netting value of sugar for settling netting value of sugar between between sugar manufacturers and cane farmers the sum sugar manufac­ turers and cane paid by the Treasurer under Section 4 of this Law farmers. shall be regarded and treated as part of the price realised for the sugar.

Penalty for selling sugar 6— (1) Any person who shall put any sugar into consump­ locally contrary tion locally contrary to the provisions of this Law shall to provisions of Law. on conviction be liable to a fixed penalty of five pounds per ton or part of a ton of such sugar and in default of payment of the penalty imposed to imprisonment with or without hard labour for three months. (2) This section shall apply only to sugar manu­ factured under the Vacuum Pan process.

Damaged sugar may be sold 7— The provisions of Section 6 of this Law shall not locally. apply to any sale locally of sugar the exportation of which is bona fide prevented by damage from water, fire or any act of God or the King’s enemies.

Trial of offences. 8 —Every offence under this Law shall be tried sum­ marily before a Resident Magistrate or two or more Justices of the Peace sitting in Petty Sessions and the offence shall be deemed to have been committed in the parish in which the offender resides.

Short Title. 9—This Law may be cited as the Sugar Industry Aid Law, 1929. The Sugar Industry Aid Law, 1929. [No. 26.] 5 THE SCHEDULE. The Sugar Board, 1929, appointed under a Law in aid of the Sugar Industry (Law No. of 1929) hereby certifies that A. B. has: (1) produced to this^ Board a certificate frcm the Sugar Manu­ facturers’ Board referred to in Section 4 of a Law in aid of the Sugar Industry, (Law of 1929,) stating that he has joined in the agreement referred to in the said section and has complied with the terms and conditions of the said agreement up to the date of the said certificate of the Sugar Manufacturers’ Board; (2) exported on S.S...... tons of sugar of 1929/30 crop manufactured on...... Estate and is (3) entitled to receive per ton on ...... tons of sugar under the provisions of Section 4 of a Law in aid of the Sugar Industry (Law of 1929.) (4 ) the said sugar was sold for export on the day of and on that date the netting price of 96° Refining Crystals if sold to Halifax would be per ton F.O.B. Jamaica. Dated this day of 1929.

JAMAICA.

No. 27— 1929.

I assent,

[L.S.1

R. E. Stubbs, Governor. 31st December, 1929. A LAW to amend a Law to enable persons not being Commissioned Surveyors of Land to act as such in certain cases.

[9th January, 1930.] D E it enacted by the Governor and Legislative Council of Jamaica as follows:—

1— Section 1 of Law 24 of 1893 is hereby amended by Amendment of adding after the words “Assistant Surveyor General” in IfineM?Law the second line thereof, the words “or of a Surveyor in the Lands Department” and after the words “Assistant Superintendent of Public Works” in the fourth and fifth lines thereof, the words “and any person employed to the Jamaica Government Railway as Chief Engineer, Chief Assistant Engineer, Senior District Engineer, or Junior District Engineer.” 2

2— This Law may be cited as the Land Surveyors short Title. Further Amendment Law 1929.

JAMAICA.

No. 28-1929.

I assent,

IL.S.1

R. E. Stubbs, Governor. 31st December, 1929.

A LAW further to amend The Kingston and St. Andrew Corporation Law 1923 (Law 3 of 1923). [9th January, 1930.] 13E it enacted by the Governor and Legislative Council of Jamaica as follows:—

1—Section 12 sub-section 3 of The Kingston and St. Amends Section Andrew Corporation Law 1923 (Law 3 of 1923), herein- pjuiiw! prm01" after referred to as the principal Law, is hereby repealed and the following sub-section substituted therefor:— “ (3) In addition to the Councillors elected by the burgesses the following persons shall also be Councillors, namely:— The Member from time to time elected to the Legislative Council as the representative for the parish of Kingston. The Member from time to time elected to the Legislative Council as the representative for the parish of Saint Andrew. [No. 28.] The Kingston and St. Andrew Corporation Further Amendment Law 1929. The person for the time being holding the office o r discharging the duties of Superintending Medical Officer. The person for the time being holding the office or discharging the duties of Director of Public Works. The person for'the time being holding the office of Custos Rotulorum or acting as Custos Rotulorum for the parish of Kingston. The person for the time being holding the office of Custos Rotulorum or acting as Custos Rotulorum for the parish of St. Andrew. Provided always that if at any time the Custos Rotu­ lorum or the acting Custos Rotulorum either for the parish of Kingston or for the parish of Saint Andrew shall also be the Elected Member of the Legislative- Council for the parish of which he is Custos Rotulorum or acting Custos Rotulorum the Council shall nevertheless be deemed to be fully constituted for the purposes of this. Law.”

Repeal of sub­ section (d) of 2— Sub-section (d) of section 14 of the principal Law is. section 14 of the hereby deleted. principal Law. Amends section 3— Section 16 of the principal Law is hereby repealed; 16 of principal Law. and the following section substituted therefor:— “16—The term of an elected Councillor shall be three years.” 4 Short Title. 4— This Law may be cited as The Kingston and St.. Andrew Corporation Further Amendment Law 1929, and shall be read and construed as one with The Kingston and St. Andrew Corporation Law 1923 (Law 3 of 1923)*. and any Laws amending the same. JAMAICA.

No. 29— 1929.

I assent,

[L.S.1

R. E. Stubbs, Governor. 9th January, 1930. A LAW to enable the erection and maintenance of a Jetty or Pier in the Harbour of Montego Bay, and of a Railway Line to connect same with the existing Jamaica Government Railway. [“The day of the date of any Proclamation notifying that"! I His Majesty will not exercise his powers of disallowance. J Y7S7HEREAS it is necessary to increase the facilities Preamble. ’ ’ for shipping the agricultural products of this Island and whereas the erection and maintenance of a deep water jetty or pier in the Harbour of Montego Bay in the parish of St. James to be connected by rail with the Jamaica Government Railway would greatly increase the facili­ ties for shipping the said agricultural products and in other respects would be of great public and local advantage and whereas a certain Company called J. E- Kerr & Company, Limited, duly incorporated under the Laws of this Island and having its registered office in Montego Bay are desirous either by themselves or by a Company to be formed for the purpose of carrying the undertaking into execution and of erecting maintaining and using at the foreshore of their wharf premises situate at Gunpoint Wharf Harbour Street in the town of Montego Bay a jetty or pier extending out into the Harbour of Montego Bay, and connected by rail with the Jamaica Government Railway, and whereas it is 2 [No. 29.] The Montego Bay Pier (Enabling) Law 1929. expedient that the necessary powers and authority should be granted to facilitate the erection and maintenance of the said jetty or pier j!n the Harbour of Montego Bay and of a Railway line to connect the same with the existing Jamaica Government Railway at Montego Bay: Be it enacted by the Governor and Legislative Council of Jamaica as follows:—

Interpretation. 1— In this Law and the Laws incorporated herewith unless the context otherwise requires, the term— “Arbitration” means arbitration in accordance with the terms and provisions of the Arbitration Law 1900 or any Law now or hereafter passed in amendment thereof. “ The Company^' means J. E. Kerr & Company Limited or other the owners or lessees from time to time of the wharf premises situate at Gunpoint Wharf Harbour Street, in the town of Montego Bay. “ The jetty or pier” means and includes the jetty or pier (including any alterations and additions to the same) to be erected or made in pursuance of this Law and the wharf premises used in connection with the same. “ The Railway line” means and includes the Railway line (including any alterations and additions to the same) to be erected in pursuance of this Law connecting the jetty or pier with the Jamaica Government Railway at some point at or near the Montego Bay station. “ The undertaking” means and includes the laying out constructing making altering and maintaining the railway line and shall include the widening draining ballasting improvements of and additions to the same as may be necessary from time to time.

Power Jto erect 2— It shall be lawful for the Company to erect and there­ and maintain after to maintain and use at the foreshore of the wharf Pier. premises now called or known as Gunpoint Wharf Harbour Street in the town of Montego Bay a jetty or pier extending out into the Harbour of Montego Bay at such point on the said foreshore and of such shape and dimensions as appears by a certain plan lodged at the Office of the Colonial Secre­ tary of Jamaica, or at such other point on the said fore­ shore and of such other shape and dimensions as the Governor in Privy Council may approve. The Montego Bay Pier {Enabling) Law 1929. [No. 29.] 3

3— It shall be lawful for the Company from time to timeAdditions and to erect and make any additions and alterations to the alterations. jetty or pier and thereafter to maintain and use the jetty or pier with such additions and alterations provided that before any such additions or alterations are erected or made the plans thereof shall be submitted to and approved of by the Governor in Privy Council.

4— The erection maintenance or user of the jetty Other or rights how pier shall not for any purpose be held or deemed to be an affected. interference with any general public right of navigation or fishing or an obstruction in the said harbour.

5— The jetty or pier shall always be deemed to beDeemed a publie wharf and rates public wharf within the meaning of Law 15 of 1895, provided of wharfage. that the wharfinger thereof shall be entitled to charge any person or persons using the jetty or pier instead of the rates of wharfage provided by Law in respect of the goods -enumerated in Schedule A to this Law such sum as is set •out in the said Schedule A opposite to such goods.

6— If at any time the Company desires to sell the jettyGovernment’s right of pre­ •or pier the Colonial Secretary of Jamaica for and on behalf emption. of the Government of Jamaica shall have the right of pre- ■emption, provided that such right of pre-emption shall be ■exercised within six months of the receipt by the Colonial Secretary of Jamaica of a notice in writing from the Com­ pany of their intention to sell and provided further that upon the exercise of such right of pre-emption the purchase price, if not agreed upon, shall be ascertained by arbitration. 78

7— Nothing in the preceding section contained shall inPower to mort­ gage. any way affect the right of the Company at any time to mortgage or charge the jetty or pier whether by Debenture or otherwise and in the event of a Mortgagee Debenture Holder or Trustee for Debenture Holders proposing to -exercise his rights of sale or foreclosure with respect to the jetty or pier the Colonial Secretary of Jamaica for and on behalf of the Government of Jamaica shall have the right of pre-emption, the purchase price if not agreed upon to be ascertained by arbitration. Power to make 8— It shall be lawful for the Company to make alter andand ereet Rail­ maintain the Railway line in accordance with such plans way lane. [No. 29.] The Montego Bay Pier (Enabling) Law 1929. sections and drawings as may from time to time be approved" of by the Governor in Privy Council and for all or any purposes incident thereto or to the undertaking to enter upon, take, use and acquire either by Agreement or under the Lands Clauses Law 1872, such or so much of the lands mentioned in Schedule B to this Law as the Company may require therefor with power to provide such accommodation; works as they may deem advisable.

Railawy Line 9— It shall be lawful for the Company to make maintain crossing Roads, etc. and use the Railway line along or across any road, street, way, lane or other public passage or place in such manner as may be approved and subject to such conditions as may be imposed by the Governor in Privy Council from time to time.

Power to use 10— It shall be lawful for the Company and any persons Railway Line. authorised by them to use the Railway line subject to such rules and regulations as to the manner of such user as may be made from time to time by the Governor in Privy Coun­ cil, and to employ thereon locomotive steam engines or other moving power and carriages and waggons to be drawn or propelled thereby and to carry and convey upon Proviso. the Railway line passengers and goods for reward provided that the Company shall at all times permit the Director of the Jamaica Government Railway so to use the Railway line and that it shall be lawful for him so to do.

Power to do 11— It shall be lawful for the Company to do all acts other Acts. necessary for the purposes of the undertaking provided that in doing any such act the Company shall do as little- damage as possible and shall make full satisfaction to be ascertained and settled either by Agreement or in the Proviso. manner provided by the Land Clauses Law 1872 to all parties interested for all damage by them sustained by reason of the doing of any such act.

Lands Clauses 12— The Lands Clauses Law 1872 is incorporated with Law 1872, appli cation of. this Law except Sections 10, 11, 15, 16, 84, 88, 89, 90, 91, 92, 93, 101, 104, 105 and 106 and except where the provi­ sions of that Law are not consistent with this Law. The Montego Bay Pier (Enabling) Law 1929. [No. 29.] 5

13— This Law shall not come into operation unless and Coming into until the Governor notifies by Proclamation to be pub- operatIon- lished in the Jamaica Gazette that it is His Majesty’s pleasure not to disallow the same and thereafter it shall come into operation on such day as may be named in the said Proclamation or by other Proclamation.

14— Nothing in this Law shall prejudice or affect the Savi“B for pre- rights of His Majesty the King, His Heirs and Successors or of any body politic or corporate or of any other person or persons except such as are mentioned in this Law and Schedule C to this Law and those claiming by from through or under them.

15— This Law may be cited as the Montego Bay Pier short Title. (Enabling) Law 1929.

SCHEDULE A. (Section 5.) For use of wharf jetty or pier for landing or shipping, or for merely passing through the wharf, exclusive of labour bananas, not exceeding 2^d. per count bunch. SCHEDULE B. (Section 8.) All those lands in the town of Montego Bay situate on each side of the middle line of the site of the proposed railway line as marked upon the said plan lodged at the Office of the Colonial Secretary of Jamaica, and within a limit not exceeding sixty feet from such middle line on each side thereof. SCHEDULE C. (Section 14.) The owners and occupiers of and all persons whomsoever having any right title interest or estate whether in possession reversion or re­ mainder in to on or over the lands mentioned in Schedule B to this Law.

JAMAICA.

No. 30— 1929.

I assent, fLS.]

R. E . S t u b b s , Governor. 16th January, 1930. A LAW for the Licensing and control of Motor-omnibuses and the Owners and Drivers thereof.

[23rd January, 1930.] T>E it enacted by the Governor and Legislative Council of Jamaica as follows:— 1—In this Law the following terms shall where the interpretation. context admits have the following meanings:— (a) “ Board” means the Board of Transport for the time being appointed under this Law. (b) “ License” means a license issued under this Law and “ Licensed” has a corresponding meaning. (c) “ Motor-omnibus” means any mechanically pro­ pelled vehicle having a seating capacity for not less than seven passengers and carrying and intended to carry passengers for hire at separate fares for each passenger per single journey and shall include a vehicle which though not running on rails derives motive power from a fixed overhead wire but does not include a vehicle running.on rails. 2 [Noj30.] The Motor-omnibus Law, 1929. (d) “ To operate” means to use or drive on any road or street for the purpose of carrying pas­ sengers for hire remuneration or reward or to permit or suffer to be so used or driven. (e) “ Owner” of a motor-omnibus includes every and any person who is the owner, joint owner or part owner of such motor-omnibus and any person who has the use of such motor-omnibus under a hiring or hire-purchase agreement or any person having the actual control of the same whether as manager for some other person or not. (f) “ Passenger” does not include the driver.

Appointment and constitution 2— (1) It shall be lawful for the Governor to appoint a of Board of Board to be styled “ The Board of Transport” consisting Transport of seven members. (2) The Governor may fill any vacancy in the Board caused by the death, resignation, illness, absence from the Island or inability to act of any member, or in any other manner whatsoever, and may revoke the appointment of any member appointed by him. (3) Notwithstanding any temporary vacancy or vacancies in the body of members comprising the Board, the same shall be deemed to be fully constituted for the purposes of this Law.

Term of office of members of 3— Each member of the Board shall hold office for the Board. jterm of three years next ensuing his appointment but shall be eligible for re-appointment by the Governor.4

Constitution 4— Three members of the Board shall constitute a of quorum and appointment of quorum and the Chairman shall if present preside. If noting Chairman. the Chairman shall not be present the meeting shall elect one of its members as acting Chairman to preside over such meeting. The decision of the Board on all matters coming before it at a meeting shall be determined by a majority of the votes of the members present. In the case of an equality of votes the Chairman or acting Chairman of the meeting shall have a casting vote in addition to his original vote. The Motor-omnibug Law, 1929. [No. 30.J 3 5— The Governor shall appoint a Clerk to the Board who Appointment shall be remunerated by a salary or fees or in such other manner as the Governor shall think fit and who shall attend all meetings of the Board and perform all such duties as shall be assigned to him by this Law or any Regulations made hereunder or by the Governor or by Resolution of the Board.

6 — The Governor may fix a scale of fees to be paid for s«»i» of r«*. remunerating the members of the Board and for any travel­ ling expenses necessarily incurred by them in attending the meetings of the Board. Such fees and expenses shall be payable out of the moneys paid into the Treasury under the provisions of this Law or any Regulations made thereunder.

7— It shall be lawful for the Board with the approval of Appointment the Governor to appoint Inspectors for the purpose of ° lMp**tor‘ this Law. The Inspectors shall be paid such remuneration as the Governor may from time to time determine.

8— The Governor in Privy Council may prescribe Power of got«- Regulations with respect to any or all of the following ckmnofl to m»K matters:— Regulation*. (a) For the due registration of owners of motor- omnibuses and the obtaining of licenses from the Board for motor-omnibuses before their operation. (b) For regulating the conditions on which certi­ ficates of competency and/or licenses may be granted to persons desirous of being licensed as drivers of motor-omnibuses and the conditions upon which such licenses may expire, be sus­ pended or revoked and the badges to be worn by licensed drivers and the marks and particulars to be shown qn licensed motor-omnibuses. (c) For providing for and regulating the inspection of vehicles proposed to be licensed as motor- omnibuses and of licensed motor-omnibuses, the routes over and along which and the times at which any motor-omnibuses or omnibuses 4 [No. 30.1 The Motor-omnibus Law, 1929. shall be operated and the places at which such motor-omnibuses or omnibuses may stop for the purpose of taking or discharging passengers and the condition of the vehicle, seating accom­ modation equipment and appliances to be used therewith. (d) For granting or refusing certificates of fitness or licenses for the operation of motor-omnibuses and for prescribing the conditions on which any certificate or license granted in respect of any motor-omnibus may expire be revoked suspended or transferred and for seeing that every motor- omnibus shall be kept in a proper state of safety repair and cleanliness. (e) For controlling the operation of motor-omni­ buses having regard to public convenience and necessity for ensuring the safety and con­ venience of passengers and property conveyed thereby and for obtaining proper indemnity and security from owners for the payment to passengers and third parties for damage to their person or property arising out of the user and/or operating of motor-omnibuses. (f) The maximum size weight and dimensions of motor-omnibuses. (g) For fixing the fares charges or rates to be paid for transportation of passengers and/or property on motor-omnibuses. (h) The payment of fees or charges in connection with applications for any license under this • Law or the said Regulations and the payment of fees and/or annual dues upon any such license being granted or renewed. (i) Generally for prescribing the conditions under which motor-omnibuses or any motor-omnibus may be ‘operated and for fully carrying into effect the provisions of this Law. And .such Regulations when so made shall upon being published once in the Jamaica Gazette be judicially noticed and have the full force of Law. The Motor-omnibiis Law, 1929. [No. 30.] 4

9 — The Governor in Privy Council may generally and Alignment of from time to time either by Regulations aforesaid or by d^tlS8 “ d the •written order published in the Gazette assign to the Board Board- all such powers and duties for the purpose of carrying out the provisions of this Law and the said Regulations as he may think fit.

10— Nothing in this Law shall be construed or taken as Non-o*empti

11— Unless and until other Regulations are from time to continuation time made by the Governor in Privy Council under the RegSiatioM provisions of this Law the Regulations set out in the sctedX.d “ Schedule of this Law shall be in force and effect as part of this Law. . •.

12— (1) From and after the first day of July, 1930, 0ffenoea’ no person shall operate a motor-omnibus and no owner shall permit a motor-omnibus to be operated save in accordance with the terms of a license issued under any Regulations made under this Law. (2) From and after the first day of July, 1930, no person shall operate a motor-omnibus unless he is the holder of a motor-omnibus driver’s license issued by the Board under any Regulations made under this Law. (3) No person shall operate a motor-omnibus and no owner shall permit a motor-omnibus to be operated in respect of which a certificate as hereby provided shall not have been issued by an Inspector appointed under this Law. 13— If any person acts in contravention of or fails to Penalty, comply with the provisions of this Law or of any Regula­ tions made under this Law or any condition contained in .any license granted to him or makes anv false statement e [No. 30.] The Motor-omnibus Law, 1929. or representation in any application for a license he shall be guilty of an offence and be liable for each such offence- upon summary conviction before a Resident Magistrate- or two or more Justices of the Peace to a penalty of Twenty Pounds and in default of payment to imprisonment with or without hard labour for a period of three months.

Power of Board to summon ft it* 14— The Board appointed under this Law shall have nesses. power to sum m on witnesses and to call for the production of books, plans and documents, and to examine witnesses, and parties concerned on oath. All Summonses for the attendance of witnesses or other persons or the production of documents may be given in a form prescribed by the Board and shall be signed by the Clerk to the Board and oaths may be administered by any member of the Board or- by the Clerk to the Board. The expenses of all witnesses so summoned shall be paid on the scale set out in the Witnesses Expenses Law out of General Revenue on the Warrant of the Governor.

Short Title 15— This Law may be cited as the Motor-omnibus Law*. 1929. The Motor-omnibus Law, 1929. [No. 30.} 7 REGULATIONS.

1. Licensing Authority. (1) The Board shall from time to time consider and deal with any application for motor-omnibus licenses and motor-omnibus driver’s licenses received by it. (2) Upon any application for a motor-omnibus license, the Board Bhall consider the provision already existing for the transport of passen­ gers to places on or near a proposed route, and shall satisfy itself that the condition of the roads to be included in the route is such as to be capable of carrying motor-omnibus traffic thereon without unreasonable damage to the road, and that there are not sufficient other facilities for the conveyance of passengers to or from the district proposed to be served, and all other relevant facts and circumstances, and shall confer with or take the evidence of such persons as it deems advisable and shall determine in respect of each application: (a) whether or not a license shall be issued. (b) the places to or between which the motor-omnibus, if licensed shall run; (c) The route or routes to be followed, the fares to be charged, the stopping places to be observed, the time-tables to be kept, and the maximum number of passengers to be carried: (d) the other conditions, if any (including the right to run special trips on special occasions) subject to which the license shall be granted.

2. Applications for L icenses. (1) Any person desiring to obtain a license for a motor-omnibus shall make application to the Board. (2) The application shall be generally in the Form “ A” set forth in the First Schedule hereto, and shall be made by the owner, or by some person authorised on behalf of the owner, and the person signing the form of application shall furnish fully and correctly the information required thereby, and shall declare to the truth thereof before the Clerk or before a Justice of the Peace. (3) Before applying for a license, the applicant shall obtain from an Inspector and lodge with his application either a certificate that the vehicle is a safe and suitable vehicle properly constructed and equipped and in fit condition to be licensed as a motor-omnibus or else full parti­ culars and plans of the vehicle endorsed with the approval in writing of an Inspector. (4) If upon the granting of the license such certificate as aforesaid from an Inspector has not previously been obtained then before com­ mencing to carry passengers, the applicant shall obtain from an In­ spector such certificate as aforesaid, and if such certificate be refused by an Inspector, the license shall cease to be of any force or effect, and the applicant shall return the license to the Board. (5) For the purpose of enabling such certificate as aforesaid to be given, the vehicle shall be submitted to an Inspector to be examined and tested at such times, place and manner as he may require.

3. M otor-omnibus L icenses. (1) No license shall be issued by the Board for a motor-omnibus Unless all duties and/or other license fees payable in respect of such, motor-omnibus have been duly paid. (2) Subject to the provisions of clauses (5) and (8) of this Regulation, 8 {No. 30.] The Motor-Omnibus Law, 1929. all licenses shall expire on the 31st day of March following the issue thereof. (3) The Board may attach to the granting of a license any terms or conditions which it may consider necessary or expedient and such terms and conditions shall be set out in the license which shall be exhi­ bited in a conspicuous place on-the left hand side of the omnibus. (4) Notwithstanding the provisions in any license as to the route to be followed, the owner or driver shall, subject to the approval of the Board—which shall not be unreasonably withheld, have the right to deviate from the defined route if such route is under repair or otherwise impassable, by a route which will cause the least inconvenience in the opinion of the Board to the regular passengers. (5) Pending the decision of the Board upon any application for a license, or pending the decision of any appeal under these Regulations, the Board may, from time to time and subject to such conditions as it thinks fit to impose, issue to the applicant or appellant a temporary license to use a motor-omnibus for a period of not more than two months, or until such appeal has been decided, as the case may be. (6) A license shall be signed by the Clerk of the Board on its behalf, and shall be generally in the Form B set forth in the First Schedule hereto. (7) On application by or on behalf of any owner of a licensed motor- omnibus, and on proof to the satisfaction of the Board by statement in writing, statutory declaration, or other evidence, that any license or copy of a license has been lost or mutilated or become illegible, and on payment of a fee of 2s. 6d. the Board shall at any time during the currency of the license issue to such person a copy thereof certified as being a true copy, and such copy shall be available for all purposes for which the original license could have been available under these Regulations. (8) If the property in any licensed motor-omnibus shall pass either by act of parties, or operation of law, or otherwise, except by way of security, from the person who was the owner when the license was granted such license shall immediately cease and determine, unless the consent of the Board be obtained to the transfer or transmission.

4. M otor-omnibus D rivers’ Licenses.

(1) The person driving any motor-omnibus shall produce his motor-omnibus driver’s license for inspection whenever required so to do by any officer non-commissioned officer or any member of the Constabu­ lary Force, or by any person authorised in that behalf by the Board, and if he refuses or fails so to do he commits an offence against these Regulations. (2) Every motor-omnibus driver’s license, if issued during the months of February and March, shall remain in force until the 31st day of March in the year following the year of issue, and shall then expire; and if issued in any other month, shall remain in force until the next ensuing 31st day of March, and shall then expire. (3) A motor-omnibus driver’s license while in force shall be operative in any parish throughout the Island. (4) A motor-omnibus driver’s license shall be signed by the Clerk of the Board on its behalf, and shall be in the Form E set forth in the Second Schedule hereto. (5) Any person desiring to obtain a motor-omnibus driver’s license shall make application to the Board in the Form C set forth in the Second Schedule hereto, and shall furnish fully and correctly the in­ formation required thereby, and shall declare to the truth thereof before the Clerk or before a Justice of the Peace. r

The Motor-omnibus Law, 1929. [No. 30.] § (6) Every applicant for a motor-omnibus driver’s license shall be not less than 21 years of age and not more than 60 years of age at the date of making application. (7) Every such application shall be accompanied by: (i) a medical Certificate signed by a Registered Medical Practi­ tioner appointed by the Board containing the particulars contained in the Form D set forth in the Second Schedule hereto. (ii) if the applicant is already licensed under The Motor Vehicles Law, 1922, or any Law amending the same his license in order that it may be inspected noted and immediately returned: and (iii) a certificate from an Inspector dated not more than one month previous to the application, showing that the applicant has been examined and tested by him and has been found competent to drive a motor-omnibus. (iv) two photographs of the applicant taken not more than thirty days before the making of the application. (8) The holder of a motor-omnibus driver’s license shall, whenever required by the Board so to do, submit himself to a medical examina­ tion by some registered Medical Practitioner appointed by the Board. (9) The Board, if it appears at any time that any person holding a motor-omnibus driver’s license is or has become, whether by reason of physical incapacity or incompetency, or for any other reason, unfit to be the holder of a motor-omnibus driver’s license, may, by notice in writing served personally upon such person or sent to him by registered post letter at his last known place of abode or employment, call upon such person to appear before the Board at the time and place stated in such notice, and to produce his license and to show cause why the same should not be revoked, and shall in such notice set forth the grounds of the proposed revocation. (10) The Board shall at the time and place aforesaid, or at any other time and place to which consideration of the matter may be adjourned, take into consideration the matters set out in such notice, and any evidence tendered in support thereof or tendered by the holder of the motor-omnibus driver’s license in reply thereto, and may, if it thinks fit, resolve that such license be revoked, and thereupon the said license shall be- revoked accordingly. (11) The revocation of any motor-omnibus driver’s license shall not prevent the person holding the same from making a fresh application for a motor-omnibus driver’s license pursuant to these Regulations. (12) The issue of a motor-omnibus driver’s license to any person under this Regulation shall not affect the liability of that person to obtain and be the holder of a motor-driver’s license pursuant to the Motor Vehicles Law and any law amending the same and the Regula­ tions for the time being in force thereunder, or any license to drive a vehicle or any particular class of vehicle plying for hire that may lawfully be required under any other by-laws for the time being in force. (13) On application by any person to whom a motor-omnibus driver’s license has been issued, and on proof to the satisfaction of the Board by statement in writing, statutory declaration, or other evidence that such license or any copy of such license has been lost or mutilated or become illegible, and on payment of a fee of 2s. 6d. the Board shall at any time during the currency of the license issue to such person a copy thereof certified as being a true copy, and such copy shall be available for all purposes for which the original license could have been avail­ able under these Regulations.

5. F alse D eclarations. If any person knowingly makes a false statement in any declaration 10 [No. 30.] The Motor-omnibus Law, 1929. required by these Regulations, such person shall be guilty of an offence against these Regulations.

6. Condition of Motor-omnibus. (1) The owner of any licensed motor-omnibus shall at all times during the currency of the license therefor keep the same in a safe and suitable condition for the carriage of passengers to the satisfaction of an Inspec­ tor, and shall submit the same to an Inspector for examination, when­ ever requested by him, and shall not use the same during any period when an Inspector certifies that it is not in a fit or proper condition for use. Every certificate by an Inspector that a motor-omnibus is not in a fit or proper condition for use shall state clearly the reasons why in the opinion of an Inspector such Certificate is necessary and the defects to be remedied, if he considers them capable of being remedied. (2) It shall be unlawful for any person to operate a motor-omnibus unless: (i) it is equipped with an effective fire extinguisher and an emergency door for exit and steps for boarding and leaving the vehicle which in the opinion of an Inspector ensure the safety of the passengers. (ii) the interior is properly lighted during the period from half an hour after sunset to half an hour before sunrise. (iii) it is equipped with two efficient jacks and other appliances necessary, in the opinion of an Inspector, for cases of emer­ gency, and the driver and conductor (if any) are conversant with the use of such jacks and appliances. (iv) the words “Licensed under the Motor-omnibus Regulations to carry passengers” (stating the maximum number of passengers to be carried according to the terms of the license), and the approved route and time-table of journeys over such route be legibly painted or affixed in some permanent manner on a conspicuous part of the vehicle.

7. Accidents. (1) The owner of every motor-omnibus shall within forty-eight hours after the occurrence in connection with such motor-omnibus of any accident attended with serious personal injury to any person or with serious damage to property, give notice in writing to the Board.

8. Cancellation or Suspension of License. (1) The Board may, if in its opinion the owner of a motor-omnibus has been guilty of conduct disentitling such owner to continue to hold a license, cancel or suspend the same, either in relation to one or more vehicles, for such period and subject to such conditions as it thinks fit. (2) It shall not be obligatory upon the Board to give such owner any notice of its intention to exercise the powers conferred by this Regulation, but such owner shall be entitled to an appeal under the provisions of the next succeeding Regulation.

9. R ight of Appeal, (1) Any owner of a motor-omnibus who may establish a motor- omnibus service for the conveyance of passengers, and also promoters of a tramway, or the Director of the Jamaica Government Railway, may appeal to the Governor in Privy Council from any decision of the Board in issuing or refusing to issue a license, or in attaching or refusing to The Motor-omnibus Law, 1929. [No. 30.) 11 Attach any condition thereto, or in cancelling or suspending any license, or in withholding consent to any transfer or transmission of a motor- omnibus. 10. Conduct of Appeals. (1) With respect to every appeal to the Governor in Privy Council the following provisions shall apply:— (a) every appeal shall be commenced by notice of appeal addressed to the Clerk of the Privy Council. Such notice shall be de­ livered to the Clerk of the Privy Council within seven days from the decision appealed against. (b) Such notice may be in the form of an ordinary letter, and shall set forth clearly the grounds of appeal, the date or dates when the subject matter of such appeal arose but such appeal must in every case be a matter affecting the appellant himself. Copies of the correspondence or other documents (if any) or statements verified by statutory declaration of facts relating to the dispute, shall be attached to the notice of appeal. (c) A copy of the notice of appeal together with a copy of the correspondence or other documents as mentioned in the preceding paragraph shall be served on the Board by the appellant. (d) The Governor in Privy Council may decline to hear any appeal which does not comply with the foregoing conditions, or which may be considered frivolous. (e) The Governor may for the purposes of dealing with an appeal, appoint a Committee consisting of three members of the Privy Council to hear the appeal and to report to the Governor in Privy Council with such recommendations as the Committee may think fit to make. (2) On the hearing of any appeal the Governor in Privy Council, or any Committee so appointed, may, if he or it thinks fit, adjourn the consideration thereof if of opinion that it is desirable so to do. (3) The Governor in Privy Council, or the Committee, may, in his or its discretion, at the instance of any party, order that such books, papers, or other documents as are in the possession of any other party to the appeal shall be produced by such party for the information of the Appellate Tribunal. (4) Subject to the provisions of these Regulations, the Governor in Privy Council may regulate his own procedure.

Fees. The following fees shall be paid:— On every application for a motor-omnibus license. £2 0 0 On every renewal thereof 2 0 0 On every license granted to an owner or renewal thereof for each passenger scat or space .. 0 2 0 and 2s. for each 100 lbs. gross weight of the omnibus. On every application for a driver’s license or renewal thereof 1 0 0 On every medical examination and certificate 1 1 0 On every examination by an Inspector of an applicant for a driver’s license and certificate (if any) 0 10 6 On every license granted to a driver 2 0 0 On every transfer or transmission of license 2 0 0 On every appeal to the Governor in Privy Council which shall be refunded if the Appeal shall be sustained and the Governor in Privy Council shall so direct 5 0 0 All fees shaUbe paid to the Clerk of the Board, and all such fees shall be paid by him into the Treasury. (No. 30.] The Motor-omnibus Law, 1929.

Weight and D imensions. (1) The gross weight of a motor-omnibus fully equipped for servioe including petrol and cooling water shall not exceed 10,0001bs. (2) The dimensions of a motor-omnibus shall not exceed 28 feet in length, 12 feet in height and 90 inches in width overall.

F irst Schedule. Form A. The Motor-omnibus Regulations, 1929. Application for Motor-omnibus License. To the Board of Transport: t Do hereby make application for the licensing of the motor-omnibus herein described, and I declare that, all the particulars herein are true and are a correct description of the vehicle to be licensed.

(,Signature of Applicant.) Declared to before me this day of 19 J.P./or Clerk. Name of Owner: Address of Owner: Situation of Garage: Engine Number: Chassis Number: Name of Maker of Motor-omnibus: Seating accommodation persons: Termini and Routes along which proposed to run: The fares proposed to be charged: The ^topping places proposed to be observed: The daily time-table proposed to be kept: The maximum number of passengers to be carried: Gross weight of Motor-omnibus unladen: tons cwt. qr. lb. Manufacturer’s rating of carrying capacity: Registration number, and/or distinguishing marks. Dated at this day of 19

(Signature of Applicant.) Enclosure: Inspector’s certificate or approval. Form B. The Motor-omnibus Regulations, 1929. License to use and operate Motor-omnibus. The motor-omnibus, particulars of which are set out hereunder, may, in accordance with the provisions of the above entitled Regulations, and of the conditions of this license, be used and operated on the routes hereinafter described. The Motor-omnibus Law, 1929. [No. 30.] 13 Description of Motor-omnibus. Name of Owner: Address of Owner: Situation of Garage: Engine Number: Chassis Number: Name of Maker of Motor-omnibus: Seating accommodation persons: Gross weight of Motor-omnibus unladen: tons cwt. qr. lb. Manufacturer’s rating of weight carrying capacity: tons cwt. qr. lb. Termini and routes along which Motor-omnibus to be used or operated: Registration number, and/or distinguishing marks: Conditions of License. The license must at all times conform with the following:— (i) The termini and routes prescribed above. (ii) The following prescribed fares, viz.: (iii) The following stopping places, viz.: (iv) The following daily time-table, viz.: (v) The following maximum number of passengers to be carried, viz.: This license continues in force until the day of 19 and no longer. Dated at this day of 19 . on behalf of the Board of Transport ...... Clerk.

Second Schedule. Form C. The Motor-omnibus Regulations, 1929. Application for Motor-omnibus Driver’s License. To the Board of Transport: I Do hereby apply that a motor-omnibus driver’s license be granted to me, and I do declare that the information accompanying this my application is true.

CSignature of Applicant.) Declared to before me this day of 19

J.P./or Clerk. Enclosures: Medical Certificate, Inspector’s Certificate, two photographs and Motor Vehicle Driver’s License. Information to accompany Driver’s Application for License. The following questions must be answered by Applicant: 1. What is your name in full and place of residence: 2. (a) What is your age next birthday: (b) What is the date and place of your birth: 14 [No. 30.J The Motor-omnibus Law, 1929. 3. Have you ever spat blood or had rheumatic fever, rheumatism habitual cough, asthma, disease of the heart, or any serious disease or accident involving absence from work for more than a week at a time; or have you been invalided from, or declined after examination for any public service or Life Insurance Company: 4. (a) Has any Motor Vehicle driver’s license ever been issued to you: (b) If so by what Licensing Authority or Authorities: 5. (a) Have you ever been refused a Motor Vehicle driver’s license: (b) If so, by what Licensing Authority or Authorities, and on what date or dates. 6. (a) Have you every had a driver’s license suspended or revoked: (b) If so, by what authority or tribunal: 7. Are you able to read and write: Note.—The applicant will be held responsible for the accuracy of the above statements. By wilfully suppressing any information, he will be guilty of an offence. Dated:

(Applicant’s Signature.)

The Motor-omnibus Regulations, 1929.

F orm D. Medical Certificate. Name in full and residence of Applicant: 1. Height: feet ink Weight: st. lb. Chest measurement: in. (minimum 34 in.:) 2. Has the applicant rupture, piles or other swelling ? 3. Has the applicant varicose veins ? 4. Eyesight: Right eye Left eye: 5. Colour vision: 6. Hearing: 7. Is the respiration natural, and are the respiratory sounds and the resonance of the chest normal ? 8. Are the pulsations of the heart natural in rhythm and force, and are its sounds those of health ? 9. Urine: Reaction, ; Albumen, ; specific ; sugar 10. Is the applicant free from all physical defect and disease ? 11. Are there any circumstances connected with the health of the applicant which in your opinion tend to disqualify him from performing his duties efficiently ? 12. Do you consider him well suited for employment as a motor-omnibus driver ? '' 13. Has the applicant to your knowledge ever fainted or been subject to fits of any kind ? Date:

Medical Examiner. The Motor-omnibus Law, 1929. (No. 30., 15 The Motor-omnibus Regulations, 1929. Form E. Motor-omnibus Driver’s License. (Full name and address) is hereby licensed as a motor-omnibus driver from the date hereof. This license shall remain in force until the 31st day of March, 19 and no longer. The number of this license is: The License is issued subject to the provisions of the Motor-omnibus Regulations, 1929. , . Dated at this day of 19 On behalf of the Board of Transport. Clerk. Passed this day of 19

Governor. Clerk to the Privy Council.