PUBLIC RECORD OFFICE

Reference :-

C.O.885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

NORTH AMRRIGAN

COLONIES.

shable by

imprisonment,

10

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

Majesty's gaols there to remain for such period over and above any term of imprisonment to which such offender shall have been sentenced as shall not exceed Three calendar

months unless the fine and costs shall be sooner paid.

Diurnal II. Whenever any person without lawful excuse shall break and enter any dwelling Treppu- house or any building within the curtilage of any dwelling house and occupied therewith maximum fine or any inhabited house between the hours of seven in the morning and seven in the of 25 without evening of the same day every such person on being convicted thereof as aforesaid shall bat will. B be liable to a fine of not less than One pound and not more than Five pounds together with costs of prosecution; and in default of payment of fine and costs within such time as the Justices shall allow they shall have power to commit the offender to either of Her Majesty's gaols for such period not exceeding Three calendar months as the Justices shall order unless the fine and costs be sooner paid.

mouths' delen- tion until or

unless the f is paid, and

cution.

imates, made

maximum

cution, and I de

of prowe

III. Whenever any person without lawful excuse shall hover, lurk or prowl about any Troopam by day or dwelling house or any inhabited building by day or by night so as wantonly to annoy or night, if ca ing annoyance alarm any person inhabiting or being therein, or shall without lawful excuse enter or be or alarm to the found into or upou any such dwelling house or inhabited building, or shall attempt to punishable by enter any such house or building so as wantonly to annoy or alarm any person therein, of such offender on being convicted thereof before any two Justices of the Peace shall be ste of pro- liable to a fine of not less than One pound and not more than Five pounds together with tention of 60 costs of prosecution; and in default of payment within such time as the Justices shall days or till appoint shall be liable to any term of imprisonment not exceeding Sixty days. payment. IV. Within the meaning of this Act any act which would constitute a breaking and entering within the legal meaning of an indictment for burglary shall constitute the offence of breaking and entering, but nothing herein contained shall be construed to of this Act a prevent any person so breaking and entering being prosecuted for any felony or any Putering, and attempt to commit any felony for which he might have been prosecuted had this Act perous may not been passed: provided that no person after having been convicted under this Act felty #dnt- shall be liable to be prosecuted criminally for the same offence in any Court; but nothing teapta felou herein contained and no conviction under this Act shall discharge any person of any unstitels eshi Act,al liability in any civil suit.

Whatever would be A burglary is in the meaning

breaking and

be indichel for

viction under

tugba V. Whenever any person shall be charged before any two Justices of the Peace with Act will any or either of the offences in the first, second or third section of this Act mentioned, dia-harge convict from and there shall appear to the Justices to be sufficient grounds for judicial enquiry into tet ut for the guilt of such person, one of the Justices, before such person shall be asked whether

the

the

of-

frac but not he or she has any cause to show why he or she should not be convicted, shall say to the "We shall have to hear frem further person so charged these words or words to the like effect:

civil liabilition.

Power of

appeal to

Comet of As-

66

what you wish to say in answer to the charge against you, but if you wish the charge

to be tried by a Jury you must object now to our deciding upon it at once"-and if size or Quarter stich person shall then object, the Justices shall proceed to take any further evidence on the charge which may be offered, and which they may consider material, in the usual

Serious Vell to the aud

at his opta, manner, and shall bind over the witnesses by recognizance to appear at the next Court

and at the

Magistrate

opti f the accused do not Barbeart

Witnesses

be bound

ver to pro evident fore the supe

cute and give

nor Court

W

by

Sur

or by tan İn

220

ch

be certif

Ben

and dep

subscribed

Thewound

tina bilm

of General Assize or of Quarter Sessions of the Peace (at the option of the person accused,

or in case such person shall not then declare any such option upon being apprised by the Justices of his or her right to make such option) at either of those Courts which the Justices shall think fit, then and there to prosecute or give evidence against the person accused, and shall commit the person accused to prison to abide such trial, or require bail from such person with one sufficient surety in a sum of not less than Forty pounds, or with two sufficient sureties in sums of not less than Twenty pounds each: and in every case of bailment shall certify the bailment in writing; and shall subscribe all examinations,

Accumed to be cited informations, bailments and recognizances relating to such charge, and cause the same to

prisan or baile in 2 be delivered to the proper officer of the Court where the trial is to be, with all convenient despatch; and every person so charged and claiming the right to be tried by Jury shall be liable to be prosecuted by indictment in the said Court for any such offence as for a misdemeanour, and upon conviction thereof shall be liable to a fine and imprisonment either with or without hard labour, such fine not to exceed Thirty pounds, and such imprisonment not to exceed Six calendar months; and also (if the Court shall so think fit) to give surety to keep the peace—and if upon the trial of any such person in either of the said Courts any witness examined on such charge before the Justices shall be dead or absent from Bermuda, or prevented by illness from attending such trial, Curt or shall appear in the said Court wilfully to have absented himself or herself from such Tumble to trial, it shall be lawful for the said Court (if it shall so think fit) to admit the de and im- prisoun-tot examination of such witness taken before the Justices, or a copy thereof, to be given in exceeding £30 and maths, evidence, subject to all just exceptions.

In hindist

hefur mi

der

fare Appellate

and to give Murety-and a

VI. Nothing herein contained shall be construed to give to the Justices of the Peace

AND ALSO AS TO PRESERVATION OF GAME.

11

NORTH AMERICAN COLONIES.

copy of the

cognizance of any suit or prosecution in which the title to any hereditaments shall be in question or in which the validity of any devise, bequest, or limitation under any will, derd, or settlement may be in question, or to subject to any penalty or punishment any person entering or trespassing upon any house or building under any claim of right or

VII. This Act shall continue in force until and throughout the last day of December, neewes to b One thousand eight hundred and sixty-eight, and shall then determine and expire.

title.

AN ACT for the Extirpation of the Crow, and the Protection and Preservation of other

Birds.

[8th October, 1870.] WHEREAS it is found that the bird called crow has become a nuisance, and is very destructive to young domestic poultry and to the few native wild birds of these islands which are esteemed the gardener's friends, but are fast becoming extinct through the depredations of the said birds called crow, which are rapidly increasing and getting very numerous, and it is deemed expedient, for the better success of agricultural industry, that the crow be extirpated, and the native wild birds be protected, and their increase encouraged.

We, therefore, your Majesty's most dutiful and loyal subjects, the General Assembly of these your Majesty's Bermuda or Somer's Islands, do most humbly beseech your Majesty that it may be enacted, and be it enacted by your Majesty's Governor, Council, and Assembly, and it is hereby enacted as follows:

1. From and after the passing of this Act, and until the first day of January in the year of our Lord One thousand eight hundred and seventy-two, any person producing to any Justice of the Peace resident in the parish where such person resides, or if there be no resident justice to any neighbouring justice the eggs or bodies of any crows and destroying the same, if living, in the presence of such justice, or if such crows be dead satisfy any such justice that such person killed the same, shall receive a certificate from such justice specifying the number of crows and eggs destroyed by such person, and on producing such certificate to the Receiver-General or Assistant Receiver-General, such person shall receive out of the Public Treasury in respect of every crow destroyed by him a reward of two shillings, and in respect of every crow's egg destroyed by him sixpence provided, that the Receiver-General or Assistant Receiver-General shall not under this enactment pay at any one time to any one person for the destruction of fewer than five crows, or of fewer than twenty crows' eggs.

+

2. Any person after the passing of this Act, upon conviction before any Justice of the Peace of wantonly or wilfully shooting or otherwise destroying any red bird, blue bird, blackbird, or cat bird, ground dove, chick of village, or quail, between the first day of January and the first day of September, or any rare bird kept for profit or pleasure, shall pay a fine of not less than five shillings, and not more than twenty shillings, such fine to be enforced in the manner provided by the Act "to facilitate summary proceed- "ings before Justices of the Peace," and the Act "to amend the Act to facilitate "summary proceedings before Justices of the Peace," with the like imprisonment in default of paying the fine and costs by the said Acts or either of them provided: pro- vided, that nothing herein contained shall prevent any person injured by the destruction any bird belonging to him from having such remedy for the injury as, but for this Act, he would be entitled to.

of

sailuation of defaulting wit-

admisibile

under

junt ex-

certheless.

3. This Act shall be and continue in force until and throughout the first day of January in the year One thousand eight hundred and seventy-two.

Certified by me to be a true Copy.

(Signed)

MILES GERALD KEON,

Colonial Secretary, Bermuda.

FALKLAND ISLANDS.

No. 5.

[Not received.]

C 2

questions of ille not to be cognizable by magistrates.

Duration

No. 5.

YouTI AMERICAN

COLONIES.

12

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

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