51
Memorandum,—contd.
- 5
—
Memorandum,-contd.
No. OF AMENDMENT
IN SCHEDULE.
52.-(1).
54.
55.-(1).
50.
(2).
REASON FOR AMENDMENT.
Laichikok and Stanley Prisons having been appointed houses of detention by G.N.'s 540 of 19.8.32 and 954 of 4.12.36, the provision by Ordinance of such houses has become unnecessary and sections 3 and 4 of the Ordinance are amended and combined accordingly.
These amendments are made for conformity with No. 4 of 1889, s. 3 (1), as amended by No. 14 of 1986.
Sections 63 and 64 of the Ordinance are now un- necessary. See No. 21 of 1922, s. 15, and No. 32 of 1935, s. 63.
The words by the verdict repealed by this amendment are surplusage (R. v. Ettridge 2 Cr. App. R. 62).
No. of AMENDMENT
IN SCHEDULE.
60.-(5).
(6).
(7) (ii).
(iii).
(iv).
(8).
Section 80 is now unnecessary.
s. 66 (3).
See No. 32 of 1935,
(v).
(5).
The provisions of the more recent 7 Edw. 7, c. 17, s. 1 (2) & (8) and s. 6, are substituted for the provisions of the earlier 50 & 51 Vict. c. 25, BS. 1 & 2.
61.
62.
58.-(2).
59.
60.-(1).
(2)..
(8).
(3A)
(4).
63.
64.
65.
REASON FOR AMENDMENT.
A summons book in the form prescribed by s. 826 of the Ordinance has never been kept: other records which are kept are sufficient and the section is therefore repealed as unnecessary.
This amendment enacts as ss. 654 to 689 of this Ordinance provisions corresponding to new English provisions contained in Rules of the Supreme Court in England dated the 23rd June, 1921, which substituted new rules for those on which the old ss. 654 to 670 of this Ordinance were based.
See note to para. 60 (2) supra,
This amendment is made to bring Form No. 12 into line with the corresponding English form, which has been amended.
This amendment is made for conformity with s. 439 of the Ordinance, as amended by No. 32 of 1981.
See note to para. 60 (6) supra.
See C.8.0. 3607/20 at page 60.
This Ordinance is repealed as unnecessary.
The
Civil Medical Staff are subject to the same dis- cipline under General Orders as other Govern- ment servants.
This amendment is based upon 24 & 25 Geo. 5, c. 47.
The substitution of the year 1938 for the year 1913 covers the period for which this Ordinance has been extended by G.N.'s 426 of 1924, 490 of 1925, 454 of 1926, 472 of 1927, 655 of 1928, 567 of 1929, 567 of 1930, 4 of 1932, 559 of 1932, 604 of 1933, 905 of 1934, 635 of 1935, 689 of 1936 and 560 of 1937.
The substitution of the date 3rd December for 31st December, 1936, prevents a hiatus which would otherwise have existed between the coming into force of No. 51 of 1936 and the repeal of No. 18 of 1928.
The regulations and tables contained in the Schedule to this Ordinance have been transferred under the powers contained in No. 51 of 1936 to the volume of Regulations corresponding to the first volume of the Ordinances. Consequential amendments have been made in the Ordinance relating to this transfer and the other amend- ments noted in this paragraph are mainly verbal.
This amendment is consequential on the amendment of section 5 of the Ordinance by No. 27 of 1980.
The provisions of the later 15 & 16 Geo. 5, c. 49, B. 44, are substituted for the earlier provisions of 36 & 37 Viet. c. 66, ss. 25 (10) & 25 (11).
This amendment is designed to bring the local prac tice into line with the current English practice.
The words deleted by this amendment have never been acted on and are in fact unnecessary in local circumstances.
A new sub-section (1) is added to section 362 of the Ordinance to make it clear that all questions relating to taxation are subject to review by the court,
A new sub-section (3) is added to section 412, in- corporating therein the amendment effected by R.S.C. July 1905 r. 8 adapted to local circum- stances.
Section 594 of the Ordinance is repealed as unneces- sary and misleading in that it apparently ex- cludes decisions in summary jurisdiction.
4. Generally speaking, it may be said that this Revision has not introduced new matter into the law of the Colony but has been confined to the collection of the existing law, the repeal of spent legislation, the correction of obvious errors, the standardization of expression, and the removal of inconsistencies.
December, 1937.
C. G. ALABASTER,
Attorney General.
52 END