ORDINANCES Nos. 10, 11, 13, AND 15 OF 1887. 461 Road Ordinance. Penal Code. Fish Protection. Guides. No. 10 of 1887. An Ordinance to amend "The Road Ordinance, 1861." An Ordinance to extend the provisions of Ordinance No. 19 No. 15 of 1887. An Ordinance relating to the employment of Guides within Municipalities. WH HEREAS it is expedient that provision should be made for regulating and controlling the employment of persons plying for hire as guides within the municipalities in this island: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance, which may be cited as "The Guides' Ordinance, 1887," shall apply to the Municipality of Colombo only; but the Governor in Executive Council may, by Proclamation, extend it to any other municipality or municipalities established under the provisions of "The Municipal Councils' Ordinance, 1887." 2 In this Ordinance the term "licensed guide" shall mean any guide who is registered and licensed under section 4. 3 From and after the passing of this Ordinance every person plying for hire as a guide within a municipality shall be duly registered and licensed as hereinafter provided. Preamble. Short title. Persons plying for hire as guides to be licensed. Municipal council to keep register and to issue licenses. Particulars to be entered in 4 It shall be the duty of the municipal council to cause to be registered in a book to be kept for that purpose, and to be called "The Register of Licensed Guides," in numerical order, the name, description, and such other particulars as may be necessary for identification of every person applying to be licensed to be employed as a guide; and the municipal register. council shall thereupon issue to such person a license to be employed as aforesaid, which license shall bear the registered *39-00 3 N Proviso. Municipal council may refuse to issue license. Licensed guides to have badges, and to wear them. Provision for lost badges. Municipal council may make by-laws. Offences. Penalties. Licensed Guides. number of the applicant, and shall be in the form in the schedule hereto, and shall be in force for such time, not exceeding twelve months, as shall be mentioned therein; and the date of such license, together with the period for which it shall be granted, shall be registered in "The Register of Licensed Guides." Provided, however, that the municipal council may, for good cause, refuse to issue a license to any person applying therefor, and may from time to time renew any license which may have expired; and such refusal or renewal shall be duly registered in the register. 5 The municipal council shall cause to be delivered to each licensed guide a badge of uniform pattern, bearing thereon the number of his license, the cost of which badge shall be paid by the person to whom the same is delivered; and it shall be the duty of every guide, when acting as such, to wear such badge conspicuously exposed upon his person; and in case the owner of such badge shall at any time satisfy the municipal council that such badge has been lost or destroyed, it shall be lawful for the municipal council to cause another badge to be delivered to such guide upon payment of the cost thereof. 6 By-laws for the general government of licensed guides, and for regulating the fees which may lawfully be demanded by them, shall, from time to time, be prepared by the municipal council, consistently with the provisions of this Ordinance, which by-laws, when approved by the Governor in Executive Council, and published in the Government Gazette, shall have the effect of law; and the municipal council shall have power to alter, amend, or cancel any such by-law or by-laws, subject, however, to the approval of the Governor in Executive Council. 7 Every licensed guide (a) Who shall act as such without wearing his proper own; or (c) Who in the course of his employment shall use violent or abusive language to, or who shall threaten or molest, or by any means extort money from any person; or (d) Who shall violate any by-law made under the authority of this Ordinance; and every unlicensed person— (a) Who shall ply for hire as a guide; or (b) Who shall use or exhibit, with intent to deceive, a licensed guide's badge or any other badge intended to represent a licensed guide's badge; shall be guilty of an offence, and shall be liable on conviction to a penalty not exceeding twenty rupees, or to simple or rigorous imprisonment for any period not exceeding one month. Licensed Guides. 8 If any licensed guide shall be convicted of any offence against this Ordinance, the municipal council may, in addition to any penalty which may have been imposed upon the offender, suspend or cancel the license of such guide; and any guide whose license shall have been suspended shall, for the purposes of this Ordinance, during the period of such suspension, be deemed an unlicensed person. 9 When the license of any guide shall have expired and shall not have been renewed, or when it has been cancelled or suspended under the provisions of the next preceding section, the municipal council shall cause an entry thereof to be made in the register, and the guide whose license shall have expired and shall not have been renewed, or whose license shall have been cancelled or suspended, shall forthwith deliver up to the municipal council his license and badge; and it shall be the duty of the municipal council to return to the person whose license shall have expired and shall not have been renewed, or whose license shall have been cancelled, the original cost of such badge, and to return to the person whose license has been suspended his license and badge when his period of suspension has expired; and any licensed guide who shall neglect or refuse to deliver up his license and badge as required by this section shall be guilty of an offence, and liable on conviction to a penalty not exceeding twenty rupees, or to simple or rigorous imprisonment for any period not exceeding one month. 10 It shall be lawful for the municipal council to levy the under-mentioned fees in respect of all licenses issued or renewed by them under this Ordinance; and such fees shall be paid into the municipal fund (a) When the license is for a period not exceeding three months, three rupees. (b) When the license is for a period not exceeding six months, five rupees. (c) When the license is for a period not exceeding twelve months, seven rupees and fifty cents. 11 All powers and duties by this Ordinance vested in, and imposed on, the municipal council may be exercised and performed by the chairman; and all documents and instruments under the hand of the chairman or secretary shall, for the purposes of this Ordinance, be deemed to have been issued by the municipal council. Municipal council may suspend or cancel licenses. Entry of suspension or cancellation to be made in register, and license and badge to be delivered up to the municipal council. Penalty for neglecting to deliver up license and badge. Fees to be levied on licenses, and to be paid into municipal fund. Chairman to exercise and perform Ordinance; and Preamble. Interpretation clause: "Treasure trove." "Chief headman." [§ 2, 3 of 1891] All treasure trove to be the absolute property of Her Majesty. Duty of finder, and of person who acquires possession of, treasure trove. [$ 3, 3 of 1891] WHE Treasure Trove. No. 17 of 1887. An Ordinance relating to Treasure Trove. (As amended by No. 3 of 1891.) HEREAS it is expedient to provide against the concealment of treasure trove found in this island: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1 For the purposes of this Ordinance "treasure trove" shall mean any money, coin, gold, silver,plate, bullion, precious stones, antiquities, or anything of any value found hidden in, or in anything affixed to, the earth, and the owner of which is unknown or cannot be found; and "chief headman" shall include any mudaliyar, muhandiram, ratemahatmaya, korala, arachchi, vanniya, udaiyar, maniakar, or adigar. 2 All treasure trove shall be the absolute property of Her Majesty and her successors, and the person finding the same shall not, as of right, be entitled to any portion thereof, any law or custom to the contrary notwithstanding. 3 (1) From and after the coming into operation of this Ordinance it shall be the duty of every person finding treasure trove, and every person to whose knowledge the finding of treasure trove shall in any way come, and of every person to whose possession treasure trove shall in any way come, forthwith to report the fact of such finding and to surrender the treasure trove in his possession to the nearest police magistrate, if any such magistrate resides within a distance of ten miles from the place in which such finding shall have occurred, or in which such person shall be at the time he acquires possession of such treasure trove. But if no such magistrate resides within the distance aforesaid, such report and surrender shall be made to the nearest chief headman or to the nearest police officer not under the rank of sergeant, and it shall be the duty of such headman or police officer forthwith to give information of such report, and to deliver possession of any treasure trove which may have been surrendered to him to the nearest police magistrate. (2) On the receipt of the report mentioned in the preceding sub-section, or on complaint being made by any person to a police court that an offence has been committed under this Ordinance, the police magistrate shall proceed to inquire into the matter of such report or complaint in order to ascertain— (a) What was the treasure trove actually found; (b) Who were the finders; (c) Whether any offence has been committed under the Ordinance, and, if so, by whom. If, however, such magistrate has no jurisdiction over the district or division in which the treasure trove has been found or may be reported to have been found, he shall forthwith transmit such information as he may have received, and any treasure trove which may have been delivered to him, to Treasure Trove. the police magistrate having such jurisdiction, and such magistrate shall thereupon proceed to hold the inquiry as above provided. 4 The police magistrate when holding such inquiry as aforesaid shall have the same power of issuing any summons, warrant, or search warrant, and of examining witnesses on oath or affirmation, and of enforcing the production of any documents, goods, articles, or things, as he has when dealing with cases in his ordinary criminal jurisdiction; and any person wilfully giving false evidence at any such inquiry shall be liable to the pains and penalties prescribed in section 179 of the Ceylon Penal Code. 5 The record and detailed report of such inquiry when made shall be forwarded by such magistrate, together with his finding on the evidence adduced before him, to the Attorney-General, who may in respect thereof exercise any of the powers conferred on him by chapters XVI. and XX. of the Criminal Procedure Code,* the proceedings at such inquiry being treated in all respects as the proceedings referred to in the said chapters. Powers of magistrate in respect of inquiries under this Ordinance. Record of inquiry to Reward to finder or possessor. 6 The finder or other person to whose possession treasure trove shall have come shall, on complying with the provisions of section 3, and on voluntarily surrendering such treasure [§ 5, 3 of 1891] trove to any chief headman, police officer, or police magistrate, as hereinbefore provided, and on such treasure trove being retained by the Ceylon Government, become entitled to receive from the said Government payment of a sum of money equivalent to the value of the material of such treasure trove, together with an additional one-fifth of such value. The value in each case shall be determined by the Governor in Executive Council. 7 When the finder or possessor of treasure trove does not voluntarily surrender the same in manner herein before provided, and any other person shall give information which shall lead to the recovery thereof, such person shall, instead of such finder or possessor, become entitled to receive the afore-mentioned reward. Provided that if at any time a conflict of claim should arise in respect of such reward, as between the finder and possessor or either of them and an informer, or as between two or more of any finders, possessors, and informers, the decision of the Governor in Executive Council thereon shall be final and conclusive. 8 Every finder of treasure trove, and every person to whose knowledge the finding of treasure trove shall in any way come, and every person to whose possession treasure trove shall have come, who shall wilfully omit or neglect to report such finding, or to deliver possession of such treasure trove in manner in section 3 provided, and any person who conceals or does any act towards concealing treasure trove, or in any way alters or attempts to alter such treasure trove so as to conceal its identity, and any chief headman or police officer who wilfully neglects to perform the duty imposed on him by Repealed by No. 15 of 1898. * Reward to Proviso. Penalty for concealment. [§ 6, 3 of 1891.} |