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3 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
WEST INDIAN COLONIES.
Not to take effect uniewa
allowed by Her Majesty.
No. 11.
Enclosure in No. 11.
26
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
body politic, corporate, or collegiate, municipal, civil, or ecclesiastical, aggregate, or sole, as well as to an individual, unless in any of the cases aforesaid, it be otherwise specially provided, or there be something in the subject or context repugnant to such
construction.
14. And be it enacted, That this Ordinance shall not come into force nor take effect until Her Majesty's allowance of the same.
And that no iguorance shall be pretended of this our Ordinance, these presents shall be printed and published in the customary manner.
Thus done and enacted at our adjourned Assembly held at the Guiana Public Buildings, Georgetown, Demerara, this eighteenth day of December, one thousand eight hundred and fifty, and published on the second day of April, one thousand eight hundred and fifty-one.
By command of the Court.
(Signed)
W. B. WOLSELEY, Acting Secretary.
No. 11.
BAHAMAS.
Cory of a DESPATCH from Governor Sir JAMES WALKER, K.C.M,G., C.B., to the
(No. 459.) MY LORD,
EARL of KIMBERLEY.
Bahamas, Government House, Nassau,
22nd September, 1870,
I have the honour to acknowledge the receipt of your Lordship's Circular Despatch of the 2nd ultimo, in which you desire me to forward copies of the Trespass and Game Laws in force in this Colony.
2. I enclose a memorandum from the local Attorney-General, whom I requested to The Acts enumerated by Mr. assist me in answering your Lordship's instruction. Anderson will all be found in the bound volumes of the Bahama Laws in the library of the Colonial Office. There are no separate copies extant.
The Right Hon. the Earl of Kimberley.
&c.
&c.
&c.
(Signed)
I have, &c.,
Enclosure in No. 11.
ATTORNEY-GENERAL'S MEMORANDUM.
JAMES WALKER.
There is no statutory enactment in the Colony relative to the Preservation of Game; but the entry on private land in pursuit of game constitutes a trespass on the same, and the like manner as any other entry without legal excuse.
2. The statutory enactments on the subject of Trespass are comprised in the following Acts of Assembly:
(1st.) 6 Wm. 4, cap. 7. For the summary punishment of persons destroying
standing woods, &c., by the careless use of fire.
(2nd.) 3 Vict. cap. 2. To provide a summary remedy against the occupation of land by persons having no title to the same; and 3 Vict. cap. 37 7 Vict. cap. 13, and 8 Vict. cap. 4, to amend 3 Vict. cap. 2.
3. The provisions of this Code of Laws are aimed against the class usually designated "squatters," persons who set themselves down on lands without having any title to them. The original Act was passed in accordance with the recommendation of the Home Government on the abolition of slavery.
(3rd.) 21 Vict. cap. 18. For more effectually providing for the detection and punishment of persons cutting timber, wood, or bark off lands without licence.
(4th.) 22 Vict. cap.. 12. To provide for the impounding of cattle roaming at
large.
The foregoing Acts will be found in the 1st vol. B. L., edition of 1862, pp. 536 to
549.
(5th.) 25 Vict. cap. 29. To afford protection to the owners of cattle depastur- ing on certain lands at Inagua, 2 vol. B. L, p. 183; and lastly, the Criminal Statute 28 Vict. cap. 31, 2 vol. B. L., p. 66, relating to
AND ALSO AS TO PRESERVATION OF GAME.
27
WEST INDIAN COLONIRA
malicious injuries to property. This last-mentioned Act is similar not only in principle, but in detail to the English statute on the same subject. The other Acts were passed to meet local circumstances and requirements, and have been found beneficial in their working.
(Signed) G. C. ANDERSON,
16th September, 1870.
No. 12.
TRINIDAD. [Not received.]
BARBADOS.
No. 13.
า
Attorney-General.
Copy of a DESPATCH from Governor Rawsox, C.B., to the EARL of KIMBERLEY,
Windward Islands, Barbados, (No. 121.)
24th September, 1870.
MY LORD,
I have the honour to enclose a copy of a report of Mr. Acting Attorney-General Packer, containing the information desired by your Lordship's Circular Despatch of 2nd ultimo, relating to the laws in force in this colony as to Trespass and the Preservation of Game.
The Right Honourable
The Earl of Kimberley, &c. &c.
(Signed)
I have, &c.,
RAWSON W. RAWSON,
Governor.
Enclosure in No. 13.
The law of Trespass in this Colony is the Common Law of England, and there are no local Acts on the subject as regards the superior courts, with the exception of the Act of the 21st June, 1838 (No. 152), which limits the amount of costs in actions of trespass, quære clausum fregit, where the damages given by the jury do not exceed forty shillings old currency, or about twenty-six shillings sterling money,
There are two Acts, one dated 19th March, 1836 (No. 113), the other dated 16th October, 1841 (No. 188), giving summary jurisdiction to police magistrates and. Justices of the Peace in cases of trespass by cattle damage feasant.
There is also the Act of 22nd September, 1869, giving jurisdiction to police magistrates in cases of trespass where the damages claimed do not exceed ten pounds, and the Act of the present session amending this Act.
There is no game in Barbados, and consequently there preservation.
(Signed)
arc no laws for its
CHARLES PACKER,
Solicitor-General.
E 2
No. 12
No. 13.
Enclosure in No. 13.