PUBLIC RECORD OFFICE
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Reference -
C.O.885
3 PUBLIC RECORD OFFICE, LONDON
| ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
WEST INDIAN COLONIRO.
Horses, &c.
passing.
24
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
than four dollars, and not exceeding twenty-four dollars; and in the event of any damage being done to any such stelling, wharf, landing-place, trench, or canal, or of any penalty being imposed, such Justice shall order such boat, batteau, punt, corial, vessel, craft, raft, or float to be publicly sold within ten days thereafter, and out of the proceeds thereof shall pay to the owner, or person in possession, of any such stelling, wharf, land, landing-place, trench, or canal, the amount of the damage by him had and suffered, and deduct the amount of such penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid.
4. And be it enacted, That if any person so trespassing as aforesaid, shall carry, lead, ed in tres or drive on the land, garden, stelling, or premises on which any such trespass is com- mitted, any horse, mule, ass, or other aninial, or shall put or place, or cause to be put or placed on any such land, garden, stelling, or premises, any cart, wheelbarrow, or other vehiele, any building materials, any tools or implements of any kind or description, any timber, firewood, or other wood, or any article, matter, or thing of any kind or descrip- tion whatsoever, every such horse, mule, ass, animal, cart, wheelbarrow, vehicle, building material, tool, implement, timber, firewood, other wood, article, matter, or thing, shall and may be seized and detained by the owner, tenant, or occupier of any such land, garden, stelling, or premises, or by the agent or servant of any such owner, tenant, or occupier, and complaint made to a Justice of the Peace, who, upon proof to his satis- faction, that any person trespassing as aforesaid has carried, led, or driven on the land, garden, stelling, or premises on which any such trespass is committed, any such horse, mule, ass, or animal, or has put or placed, or caused to be put or placed, on any such land, garden, stelling, or premises, any such cart, wheelbarrow, vehicle, building material, tool, implement, timber, firewood, other article, matter, or thing, shall order the same to be publicly sold within ten days thereafter, and out of the proceeds of the sale thereof shall pay the amount of any damage by any such owner, tenant, or occupier had and suffered in virtue of any such trespass as aforesaid, and deduct the amount of such penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid.
l'eroolis
lands covered with water.
A
5. And be it enacted, That if any person shall be found in or upon or shall enter in ng or upon any land, whether the same be covered with water or not, situate between high water mark and low water mark upon the bank of any river, creek or stream, or upon the sea coast in front of any plantation or estate, or land belonging to any private person. or to any corporation or company, public or private, on which or near to which there shall be stuck up a notice in large legible letters forbidding in general terms all persons to trespass and warning them against the consequences of so doing without leave of the owner, tenant, or occupier of such plantation, estate or land first had and obtained, and shall there destroy, ensnare, catch or take or attempt to destroy, ensnare, catch or take any fish, crabs, or other animals, every such person may be seized, detained, and con- veyed by such owner, tenant, or occupier before a Justice of the Peace, and upon con- viction thereof by such Justice shall be declared a wilful trespasser, and shall forfeit a sum hot less than four dollars and not exceeding twenty-four dollars; and if at the time of committing such trespass any such person shall have with him any boat, batteau, punt, corial, vessel, craft, raft, or float, or any seine, net, fishing tackle of any kind or description, or other implements for destroying, ensnaring, catching or taking fish, crabs, or other animals, the same shall also be seized and detained by such owner, tenant. or occupier, and if such person shall be adjudged a wilful trespasser, such Justice shall order the same to be publicly sold within ten days thereafter, and out of the proceeds thereof shall pay the amount of any damage by any such owner, tenant, or occupier had and suffered in virtue of any such trespass, and deduct the amount of the penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid; and it at the time of the seizure of any such person trespassing as afore- said he shall have any fish, crabs, or other animals, dead or alive, in his possession, the same shall be carried before such Justice as aforesaid, whö, if such person shall not be able to prove that he caught or obtained such fish, crabs, or other animals at or from sonic other place than that upon which he was found trespassing, shall order such fish, crabs or other animals to be delivered to the owner, tenant, or occupier of such planta- tion, estate, or land, or to his agent or servant, to be disposed of as he may think fit.
Pers uttag weed.
6. And be it enacted, That if any person shall be found in or upon or shall, enter in or upon any land, whether the same be covered with water or not, situate between high water mark and low water mark upon the bank of any river, creek, or stream, or upon the sea coast in front of any plantation or estate or land belonging to the Crown, or to any corporation or company, public or private, or to any person, on which, or near to which, there shall be stuck up a notice in large legible letters forbidding in generat
AND ALSO AS TO PRESERVATION OF GAME.
25
terms, all persons to trespass, and warning them against the consequences of so doing, without leave of the owner, tenant, or occupier of such plantation, estate, or land in front of which such land between high water mark and low water mark or upon the bank of any river, creek, or stream is situated first had and obtained, and shall there cut down, cut up, or gather any wood, timber, or tree, or any part of any wood, timber, or ́ tree, whether the same be growing or fallen, or shall dig up, remove, or carry away any soil, caddy, sand or shells, every such person may be seized, detained, and conveyed by such owner, tenant, or occupier, or by the agent or servant of any such owner, tenant, or occupier before a Justice of the Peace, and upon conviction thereof by such Justice shall be declared a wilful trespasser, and shall forfeit a sum not less than four dollars, and not exceeding twenty-four dollars, and if at the time of committing such trespass any such person shall have any boat, balteau. punt, corial, vessel, craft, raft or float, or any axe, hatchet, cutlass, saw, or other tool or implement used for or capable of felling trees, or cutting up or splitting wood, or of digging, lifting up, removing or carrying away any soil, caddy, sand, or shells, the same shall also be seized and detained by such owner, tenant, or occupier, or by the agent or servant of any such owner, tenant, or occupier, and complaint made to a Justice of the Peace, and such Justice shall order the same to be publicly sold within ten days thereafter, and out of the proceeds thereof shall pay the amount of any damage by any such owner, tenant, or occupier, had and suffered in virtue of any such trespass, and shall deduct the amount of the penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid; and if such trespasser shall have ready for removal any timber, wood, soil, caddy, sand, or shells, the same shall be declared to be forfeited, and shall be delivered over by order of such Justice to the owner, tenant, or occupier of such plantation, estate, or land, or to his agent or servant.
WIST INDIAN
COLONIES.
1.
Pulling
7. And be it enacted, That if any person shall pull down, injure, or destroy any board down or ob- or notice put up or affixed, as required by this Ordinance, for the purpose of forbidding literating no-
and warning trespassers, or shall obliterate any of the letters or figures thereon, he shall ti forfeit for every such offence a sum not less than twelve dollars, nor exceeding twenty- four dollars; and out of such penalty when recovered shall be paid by the Justice of the Peace the expenses attending the restoration of such board or notice (the amount of which expenses shall be determined by the Justice), and the balance, if any, shall be paid by such Justice into the Colony Chest.
8. And be it enacted, That every Member of the police force, and every constable, shall assist in the arrest and apprehension of any trespasser whenever called upon by the owner, tenant, or occupier of any land, premises, garden, canal, trench, pond, stelling, wharf, or landing place on which such trespass shall take place.
Police and constables to render assist- 100.
What Jus
9. And be it enacted, That every Justice of the Peace in this Colony shall be and is hereby authorized to act under this Ordinance, and to entertain and adjudicate upon all tires to art matters brought before him under and by virtue of this Ordinance.
under this
ordinance.
10. And be it enacted, That it shall not be lawful for any Justice of the Peace to Title to lands determine any case of trespass in which it shall appear that the right or title in and to mined by the lands, buildings and premises wherein the trespass is alleged to have been com- Justices. mitted, shall be at issue between the alleged trespasser and the party in possession.
not to be duter.
11. And be it enacted, That nothing herein contained shall prevent any person from proceeding by way of civil action to recover damages in respect of any trespass on his land or property, save and except that where any conviction shall have taken place under the provisions of this Ordinance for and in respect of any such trespass, no action at law shall be maintainable for the same trespass, but that such conviction shall be a bar to any such action, and may be given in evidence on the general issue or the contrary con- clusion in the cause.
Right of civil action preserved.
Mode aud
manner of pro-
12. And be it enacted, That (except as herein is otherwise provided) all fines, for- feitures, and penalties shall be complained of, and payment of the same recovered in ceeding on manner and form provided and directed by Ordinance No. 30 of the year 1850, intituled complaints “An Ordinance to facilitate the performance of the duties of Justices of the Peace out * of Sessions within the Colony of British Guiana, with respect to summary convictions "and orders.”
13. And be it enacted, That in the construction of this Ordinance the word "month shall be taken to mean a calendar month; every word importing the singular number only shall extend and be applied to several persons, matters, or things, as well as to one person, matter, or thing; every word importing the plural number shall extend and be as well as to several persons, matters, or things; applied to one person, matter, or thing, every word importing the masculine gender only shall extend and be applied to a female as well as to a male; the word ** person" shall extend and be applied to any
E
Interpreta- tion clause.
Page 450Page 451
PUBLIC RECORD OFFICE
Reference :-
POLITIC.O.885
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.
Eucheure 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
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.) MY LORD,
24th September, 1870.
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
WEST INDIAN COLONIRA
No. 12
No. 13.
Enclosure in No. 13.