PUBLIC RECORD OFFICE
Reference :-
LTC.O.885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
WEST INDIAN COLONIES.
Clau L Enactment
Claume II.
Persons - anura ing stock in give mother within
Twenty-four
hours to th
이것을 고
la HEI. Permona
have been
rusly dan nei
damage sur.
30
EL
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
entitled, “An Act to amend an Act entitled An Act for regulating Trespasses, and a "certain other Act, entitled, An Act to alter and amend An Act for regulating Trespasses," passed on or about the twentieth day of August, One thousand eight hundred and nineteen, have been respectively repealed by an Act of the present session of the Legislature of this island, from and after the thirty-first day of December now next ensuing: And whereas it is expedient that the said respective Acts should be consolidated and amended: We therefore, your Majesty's most dutiful and loyal subjects, his Excellency Major-General Henry Charles Darling, Lieutenant-Governor and Commander-in-Chief in and over the Island of Tobago and its dependencies, the Council and General Assembly of the same, do humbly pray your Most Excellent Majesty that it may be enacted:
And be it, and it is hereby enacted by the said Henry Charles Darling, by and with the advice and consent of the said Council and General Assembly in session assembled and by the authority of the same, that this Act shall commence and come into operation on the first day of January, in the year of our Lord One thousand eight hundred and thirty-five.
And be it, and it is hereby enacted by the authority aforesaid, that every owner, renter, possessor or person having the charge of any plantation or estate, lots, pieces or parcels of land in the said island, are hereby authorized and empowered to take up or cause to be taken up any stray horse, horned cattle, mules, asses or sheep trespassing in and upon any part of such plantation or estate, lots, pieces or parcels of land, and impound them until the owner or owners of such stray horse, cattle, mule, asses or sheep, shall pay for the damage they may have committed; and it shall and may be lawful for such owner, renter, possessor or person having the charge of any plantation or estate, lots, pieces or parcels of land as aforesaid, to demand and receive, and the owner or owners or other person or persons claiming any such stray horses, cattle, mules, asses or sheep, are hereby required to pay at and after the rates following, that is to say, four shillings sterling per head for the trespass by each horse, head of horned cattle, mule or ass, and one shilling per head for the trespass by each sheep, and one shilling and sixpence for each horse, head of horned cattle, mule or ass, and sixpence per head for each sheep, for every twenty-four hours they shall so remain impounded; and any person working any horse, cattle, mule or ass during the time they are so impounded, shall forfeit, to the person or persons to whom the same belong, the sum of five pounds, to be recovered before any Justice of the Peace of the said island; and the person impounding such stock, shall provide and cause them to have a sufficient quantity of food and water; and in case any stock shall die for want of due care, such person so impounding them, shall be liable to pay the owner double the value of all such stock so dying for want of due care as aforesaid, and notice shall be given to the owner or owners of such stock (if known) within twenty-four hours after the same shall have been so impounded; and if the person or persons impounding such stock, shall fail, neglect or refuse to give such notice as aforesaid, he, she or they shall forfeit the rates herein. before directed to be paid for the stock so impounded.
And be it, and it is hereby enacted by the authority aforesaid, that it shall and may whose grania be lawful to, and for all and every such person and persons upon whose plantation or estates' lots, pieces or parcels of land, any horse, horned cattle, mule, ass or sheep shall be found trespassing, or who shall have impounded such stray stock and shall not apply to have think the rates hereby established sufficient to indemnify him or her for the damage veyed that may have been committed, to apply to the next nearest Justice of the Peace who shall issue his warrant, directed to any three neighbouring persons of respectability, to view the damage that may have been done, and to settle the value thereof, and make kha a return of such value in three days to him, upon oath; and such Justice shall give notice of in notice to the owner of such stock, if known, of the time and place of such valuation, ted survey twelve hours before the same shall take place, and if the damages so appraised shall not be paid within forty-eight hours after the return of such valuation, the said Justice is hereby further authorized and required to issue his warrant in the nature of an execution, directed to any sworn constable, to levy the amount of such appraisement, with the charges, on the goods, chattels or other effects of the owner or owners of any such stock so trespassing; and the said constable is hereby authorized and required to expose the said goods, chattels, or other effects so levied on to sale at public outcry, under the same regulations, restrictions and conditions as are appointed for the sale of goods and chattels of delendants taken in execution by the Provost Marshal of this island; and it shall and may be lawful for such constable to take and deduct the same fees as the said Provost Marshal may in like cases legally take, receive and deduct; and any Justice, appraiser or constable neglecting or refusing to do and perform the several
twelve bur before.
Penalty how enforced, &c.
AND ALSO AS TO PRESERVATION OF GAME.
31
matters and things by this Act required of them, upon proof thereof shall for every such neglect or refusal forfeit to his Majesty, his heirs and successors, if a Justice of the Peace or appraiser the sum of ten pounds, and if a constable the sum of two pounds; Provided that nothing in this clause contained shall prevent or be construed to prevent the party whose property may have been damaged from seeking his or her remedy at law, in lieu of the proceedings hereby established.
WEST
INDIAN COLONIES.
Clause 1V.
Uncond
stock to be
And whereas the owners of such stock found trespassing may not be known, and they may be suffered to lie so long impounded that the expense of keeping them and the damage they may have committed may be more than equal to their value: Be it publicly old. therefore, and it is hereby enacted by the authority aforesaid, that if any such stock as aforesaid, shall not be claimed within eight days next and immediately after they may have been so impounded, the person so impounding them may, and he or she is hereby required to advertise such stock in one of the public papers of this island, for the space of eight days, describing each of them as near as may be; and if such stock is not or are then claimed and full satisfaction made for the damages and expences in manner us by this Act is already directed, it shall and may be lawful for such person or persons so impounding, at the expiration of the said eight days, to cause such stock to be sold at public outcry, and the money arising from such sale shall be applied towards defraying the said expenses and damages, and the surplus, if any, shall be deposited in the public treasury of this island, until the owner or owners of such stock shall appear and prove his, her, or their property; but if the same shall not be proved within six months after the same shall have been lodged, then such surplus shall be forfeited to the use of the colony for ever.
Clause V.
ing any tix-
shot
And be it, and it is hereby enacted by the authority aforesaid, that if the person or Stock hav.
such any persons taking up and impounding such stock shall have reason to believe that stock has the distemper called the glanders, or any other contagious disorder, in any case to be such case such person or persons is and are hereby empowered and strictly required to call upon any three neighbouring persons of respectability to examine such stock, and if they or any two of them are of opinion that the distemper fs the glanders or of a contagious kind, and shall certify the same in writing, upon oath, the person or persons impounding such stock are hereby empowered and strictly required, inmediately to cause such horse, mule or ass to be shot, and the body to be buried a sufficient depth or towed out to sea.
Clanse VI. Will! Aont
be shot while trespassing.
Owner may
have the body
within two
And be it, and it is hereby enacted by the authority aforesaid, that it shall and may be lawful for all owners, renters, possessors or persons having the charge of any dangerous plantation or estate, pieces or parcels of land in the said island, and for their respective cattle, bugs.
and goats tree- servants to kill and destroy any wild or dangerous cattle, or any hogs or goats found passing may trespassing upon their lands, and the heads shall become the property of the person so killing them as aforesaid; and if any wild or dangerous cattle, or any logs or goats shall be killed while so trespassing, the owner may have the bodies thereof if claimed within two hours after they are killed and paying for any damage that may have been if almind committed, but if not claimed within the time aforesaid, or if the owner shall refuse to hours after pay for any damage that may have been committed, then the bodies shall become the they are killed, and pay the property of the person killing them or of any other person who will take them away; damage and if any person shall be sued or prosecuted for such killing, he, she, or they may plead the general issue, and give this Act in evidence; but if any person shall wilfully or intentionally kill, wound, maim, or destroy any horse, cattle or stock (wild or dangerous cattle, hogs and goats only excepted), although found in trespass, such person or persons shall, on proof thereof, forfeit and pay the owner or owners of any such stock so killed, wounded, maimed or destroyed, double the value of the same: Provided always, that nothing herein contained shall be construed to prevent the killing of any sheep found in the streets or lots in the towns of Scarborough and Plymouth as is by law now allowed.
duwa.
Clause VII.
pounded
And be it, and it is hereby enacted by the authority aforesaid, that any person or Penalty for persons who shall rescue and drive away, or shall attempt to rescue and drive away any rowing m such stock when going to be impounded for trespass done or damage committed, or stock. shall attempt to rescue or take out of any pound, any stock that may be actually impounded, and shall be thereof convicted before any Justice of the Peace of the said island, upon the oath of one or more credible witness or witnesses, shall for each and every such offence forfeit and pay double the value of the damage done or trespass committed, or in default of paying the same, shall be committed to the common gaol of the said island, for any time not exceeding thirty days.
Clause VIII
And be it, and it is hereby enacted by the authority aforesaid, that all fines, penalties and forfeitures imposed by this Act, shall be recovered and levied on the goods and ties, & under