PUBLIC RECORD OFFICE
9
Reference →
C.O.885
WEST INDIAN COLONIES.
Application
of penalties.
On informa-
tion of
cum DMT- 110 may commated,
and am failing appear may
be arrested in WATTATI
Recovery of position and costs.
Foros of Conviction, warrants tut arders
Cstruc tom of work
Savpig of
+-
rights
Short title.
Interpretation
*bout
20
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
to be determined in respect of deposit or security and amount by the said paid Justice of the Peace, to abide the result of the appeal; but such appeal and deposit must be and made within one week from the date of the said adjudication and determination; such appeal shall be heard, if possible, at the first ensuing monthly Court for hearing appeals, and the Appellate Judge may either send back the case for re-adjudication or originate and enforce in a summary manner his own judgment thereon, and direct such costs as may be proper, not exceeding fifty dollars.
VI. The penalties, or any of them, which are or may be recovered under this Act, shall be paid into the public chest.
VII. On any complaint being made, and information upon oath laid, concerning any offence under this Act, by any credible witness or informer, before any paid Justice of the Peace of the town or district in which the offence shall be alleged to have been committed, it shall be lawful for such paid Justice of the Peace to require the person charged with such offence, by summons under his hand, to appear before him at a certain time and place, to be named in such summons, to answer such charge; and if any such person shall not appear, the paid Justice of the Peace may issue his warrant, under his hand, for the apprehension of the alleged offender.
VIII. All penalties and costs imposed by the authority or under the provisions of this Act, shall be recovered in a summary manner by distress and sale of the offender's goods and chattels, by warrant of distress under the hand of the convicting Justice of the Peace; and in default of any goods and chattels whereon to levy, then it shall be lawful for such convicting Justice of the Peace to commit the offender to the nearest gaol for any space of time not exceeding thirty days, as such Justice of the Peace may direct, or until such penalty and costs be fully paid and satisfied.
IX. When any conviction, warrant, or order, shall be made, issued, or directed, under or by the authority of this Act, such conviction, warrant, or order, shall be drawn up in manner and according to the form or forms set forth in the schedule to the Act passed by the Imperial Parliament in the twelfth year of Her Majesty's reign, entitled, An Act to facilitate the Performance of the Duties of Justices of the Peace, out of Sessions, in England and Wales, with respect to summary convictions and orders.” X. In the construction of this Act, in cases where the singular number only is used, it shall be held and deemed as applicable to the plural and to several persons as well as to one person; when the masculine gender is used it shall be held and deemed as applicable to the feminine gender, as well as to the masculine; when the words proprietor or occupier, or either of them, is used, it shall be held to include and be applicable to tenants, lessees, procuration-attorneys and agents, as well as to proprietors or occupiers.
XI. Nothing contained in this Act shall be deemed or construed to take away or lessen any existing rights of the owners of cattle, by themselves or their servants, to pass on foot or on horseback on any unenclosed lands in search and pursuit of their cattle; or any existing right of persons to pass in and over such lands, in pursuit of animals fere nature; or any right of legally qualified surveyors, their labourers, and servants, in the discharge of their professional duties, after having given the usual notice of intention to run lines or define boundaries; or any practice or right of persons, boná fide travellers, to encamp on the banks of rivers and lagoons, and remain there for limited periods: provided, that no such encampment shall take place on enclosed or cultivated
lands.
XII. In citing this Act, it shall be sufficient to use the words, "The Trespass "Prevention Act."
26 VICTORIA, Cap. 6.
AS ACT for the Punishment and more effectual Repression of wilful Trespasses on
certain personal Property.
[20th February, 1863.] WHEREAS it is desirable to prevent trespasses on personal property whereby the owners of the same frequently incur a total loss thereof, and are without remedy by reason of the inability of the wrongdoers to make compensation:
Be it therefore enacted, by the Lieutenant-Governor, with the advice and consent of the Legislative Assembly, as follows:
I. In this Act the word "beast" shall include any horse, mare, colt, filly, pony, and gelding, ass, mule, ox, and steer, and any other beast of draught or burden; and the
AND ALSO AS TO PRESERVATION OF GAME.
21
WEST INDIAN
word "boat" shall include creaus, sloops, doreys, pitpans, and other small craft, and the term "possession" shall include a constructive as well as actual possession, and the right COLONIES. to possession.
als out of
sion-an
II. It shall be unlawful for any person, knowingly, without the consent of the owner Taking or person in possession of any beast or boat, to take any such beast or boat out of the beasts and possession of such owner or possessor, and any person so taking such beast or boat shall lawful posca be guilty of an offence, and on summary conviction thereof, by one paid Justice of the offence, pan- Peace, or two other Justices of the Peace, shall be committed to the common gaol, there able
Luminary con to be imprisoned with or without hard labour, as the convicting Justice or Justices shall vicum, by im-
int determine, for any period not exceeding six calendar months.
on
with or with
Convicting
sess the daun
ges and costs,
incunts in
commitment.
can trial for
On
III. The Justice or Justices before whom any person shall be convicted under this out hard Act shall, in every case, ascertain and assess the amount of damage occasioned by the b unlawful trespass, and of the costs incurred by the party aggrieved in and about the Justice to prosecution and conviction, and insert both amounts in the warrant of commitment.
IV. It shall be lawful for the jury on the trial of any person for the larceny of any and insert such beast or boat, to acquit the person charged therewith of the felony, and to find the warrant of him guilty of the offence of unlawful trespass hereby constituted, and for the Court, upon such conviction, to adjudge the person so convicted to be imprisoned in the common larcony of gaol, with or without hard labour, for any period not exceeding six calendar months; or t Jury Tusy sc and the jury, on convicting any one of the offence of unlawful trespass under this Act, quit or felony. Biul the shall ascertain and assess the damage thereby occasioned to the person aggrieved, and accused guilty the Clerk of the Court shall insert in the record of such conviction the amount of of the offer
of unlawful damage so assessed, and the amount of the costs of prosecution allowed by the taxing t
Daingea officer of the Court, and state both such amounts in the calendar of sentences.
and costa to be
stated in
V. Any person convicted under this Act, and sentenced to imprisonment, with or inserted in re- without hard labour, may and shall be released from custody under such sentence, on cord sal his paying or causing to be paid to the person in whose custody he shall be such sum calendar of for damages as shall have been ascertained and assessed by the committing Justice or ente
Perennia Justices, or by the jury, and such further sum for the costs of prosecution and conviction convicted to as shall have been allowed by the committing Justice or Justices, or by the taxing officer from custly of the Supreme Court, as the case may be.
be released
on payment of
damages And
be paid to
party ag-
Damages to
VI. Any damages assessed, when received, shall be paid on demand to the persones. aggrieved; and any costs for the prosecution and conviction received, shall be paid into the public treasury for the use of the Government of this Colony.
VII. It shall be lawful for the Lieutenant-Governor, in the exercise of the Royal
Casts, iThe prerogative of mercy, to pardon any person convicted under this Act, notwithstanding Public Trea- that the damages assessed, and costs allowed, or either of them, may not have been paid, but such pardon shall not prejudice any right the party aggrieved may have to bring may be par- any action for such trespass.
No. 9.
TURKS ISLANDS.
Copy of a DESPATCH from President CAMPBELL to the OFFICER Administering the Government of Jamaica.
(No. 101.)
Government House, Grand Turk, 15th October, 1870.
SIR,
According to instructions contained in Circular Despatch, dated 2nd August, 1870, Downing Street, I beg herewith to forward a statement of the Acting Queen's Advocate as to the laws in force in this Colony as to Trespass.
There are no laws having reference to the Preservation of Game in this Colony.
2. I do not find it necessary to make any observations on the lucid report of the Queen's Advocate (Acting).
1 have, &c.,
MELFORT CAMPBELL,
(Signed) Administering the Government of Jamaica.
His Excellency the Officer
President.
sury.
Offenders
doned altho
damages and
custs aro 1or paid, but such pardon not to prejudice right of action.
No. 9.
**
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO