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PUBLIC RECORD OFFICE
TULIŢI
Reference -
C.O.885
3 PUBLIC ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
RECORD OFFICE, LONDON
WEST
INDIAN COLONIA
36
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
nearest city, town, or village, and the proceeds arising from the sale thereof, after deducting the notice fee, fine, and allowances, and two shillings as and for expenses attending the sale, shall be paid by the pound keeper to the owner of the animal so Dio of sold, and in case no application by or on behalf of the owner shall be made within twenty-one days after such sale shall have taken place, the said proceeds shall be paid to the Treasurer on the public account.
proceeds of
alo.
Punishment of pound keeper for not
8. If any pound keeper shall fail to provide sufficient food and water for any animal impounded, or shall fail to give notice, if notice be practicable, of such impounding, he providing food shall, on conviction thereof before a police magistrate, be liable to a penalty not exceed- and water, or giving notice. ing ten pounds, and on non-payment thereof, to be imprisoned in the common jail for
any period not exceeding thirty days.
Animals trespassing
May be im- pounded on plantation, &c.
Duty of pro- prietor of plan
iation.
Advertise
ment.
mal.
proceeds.
9. It shall be lawful for the proprietor, possessor, or person in charge of any planta- tion, estate, or other land, to cause any horse, mule, ass, ox, or other cattle, sheep, goat, or swine, found trespassing on the same, to be impounded on such plantation, estate, or other land, and such proprietor, possessor, or person shall, with all convenient speed, give notice in writing to the owner thereof, or to his attorney or agent, if known, of such impounding, and if the fine and allowance hereinbefore made payable upon the release of any such animal from the public pound, together with the further sum of one shilling for the notice aforesaid, shall not be paid within forty-eight hours after the delivery of such notice, it shall be lawful for such proprietor, possessor, or person in charge, to insert an advertisement in one of the public newspapers, offering the animal le of ani- so impouded for sale, and after seven days from the appointed day of publication of such newspaper, to proceed to sell the same by a constable, at the nearest city, town, or village, and such proprietor, possessor, or person in charge, shall, in the first place, out Disp of of the proceeds of the sale, pay to the constable, as a compensation for his trouble, the sum of two shillings and eight pence, and shall retain out of the balance of the said proceeds the notice fee, fine, and allowance hereby authorized, and the cost of the adver- tisement, and shall pay the surplus, if any, to the owner of the animal sold, on his appli- cation for the same, and if there shall be no such application, or if the owner shall not be ascertained within seven days from the day of such sale, then such surplus shall be paid into the treasury, on the public account, and if the animal so impounded cannot be identified as particular property, the party impounding shall advertise the same for sale at least seven days before the sale thereof, and shall, in such advertisement accurately describe such animal, and state the time and place of impounding the same, and the period and place of such intended sale; and the surplus proceeds, if any, of such sale, after making the deductions aforesaid, shall be paid into the treasury, and if such surplus shall not be claimed by the owner within thirty days, the same shall be Falty on applied to the credit of the public. Provided always, that if any proprietor, possessor, plantation fail or person in charge of any plantation, estate, or other land, shall fail to provide suffi- ing to provide cient food and water for any animal so impounded, or shall fail to give notice, if notice be practicable, of such impounding, he shall, upon conviction thereof before a police magistrate, be subject to a penalty not exceeding ten pounds, and on non-payment thereof, to be imprisoned in the common jail for any period not exceeding thirty days.
proprietor of
food and water.
Illegal im- pounding er
mala.
10. Any person who shall illegally impound, or illegally capture for the purpose of Capture of ni. impounding, any animal as aforesaid, shall on conviction thereof before a police magis- trate, upon testimony other than that of the owner of the animal so impounded or captured, shall be liable to a penalty not exceeding five pounds, and on non-payment thereof to be imprisoned in the common jail, for any period not exceeding thirty days. And it shall be lawful for such magistrate to award the penalty imposed upon the offender to be paid to the owner of the animal so illegally impounded or captured, and in the event of the non-payment of the penalty so imposed, to order and direct the release of any animal so impounded upon payment of the owner thereof, to the pound keeper, of any expense which shall have been incurred for securing and feeding the
-
Beacon of animals in- pounded,
same.
11. Any person who shall rescue, or attempt to rescue any animal impounded, or about to be impounded under the authority of this Act shall, on conviction thereof before a police magistrate, be liable to a penalty of not more than five pounds, or in the discretion of the magistrate may be imprisoned in the common jail, with or without hard labour, for any time not exceeding one calendar month, and in either case the magistrate may also award to the party aggrieved a sum equal to the aggregate sum which he would have been entitled to receive upon the release of such animal, and upon non-payment thereof, the party so offending shall be committed to the common jail, with or without hard labour, for a period not exceeding thirty days.
AND ALSO AS TO PRESERVATION OF GAMIL
37
WEST INDIAN COLONIES.
Compensa
12. Any proprietor, possessor, or person in charge of any plantation, estate, or other land, who shall consider the flues hereinbefore authorized an inadequate compensation for damage sustained, and shall not claim a sum exceeding ten pounds in respect to the damage committed, may prefer his complaint to the police magistrate of the district, tion not sx- who is hereby authorized to adjudicate upon such complaint in the manner of any other coding £10 complaint under the Act, "to Facilitate the Performance of the Duties of Justices of the may be reco- "Peace, with respect to Summary Convictions and Orders," and the police magistrate magistrate may award any sum by way of compensation, not exceeding ten pounds, to the party when Anes in- aggrieved, besides costs, and in default of payment it shall be lawful for the magistrate to commit the offender to the common jail, with or without hard labour, for any period not exceeding three months.
13. If any damage shall be committed by the trespass of cattle, which cannot by reason of their wildness be impounded, and which cannot be identified as particular it shall be lawful for a police magistrate, upon application of the proprietor or property, possessor of land sustaining such damage, or his agent, and proof upon oath of the facts aforesaid, to issue his warrant to such proprietor, or possessor, or his agent, authorizing such proprietor, or possessor, or his agent, to shoot or otherwise destroy such cattle, while in the act of trespassing, but not otherwise, and if upon such shooting or destroy- ing, the cattle shot or destroyed shall be identified as particular property, notice in writing of such shooting or destroying shall be given by the proprietor or possessor of land, or his agent, to the owner of the animal shot or destroyed, within twelve hours of such identification, and for the omission of such notice such proprietor, possessor, or agent shall, upon conviction before a police magistrate, be liable to a penalty not exceeding ten pounds, and if the owner of such animal shall not remove the carcass within twelve hours after the receipt of such notice, or if the owner shall not be identi- fied, such carcass shall be considered as abandoned by the'owner, and shall be deemed the property of the party aggrieved.
vered before
adequate.
Damage by wild cattle.
feathered
14. It shall be lawful for any proprietor, possessor, or other person in charge of any Goals, swine, plantation, estate, or other land, to shoot or otherwise destroy any goat, swine, dog, or dogs, and feathered stock, which shall be found trespassing upon any such plantation, estate, or lock,trespas other land, and if upon such shooting, or destroying, the goat, dog, swine, or feathered ing, mayb destroyed. stock, shot or otherwise destroyed, shall be identified as particular property, notice in writing of such shooting or destroying shall be given by the proprietor or possessor of Notion thereof. land, or his agent, to the owner of the animal or stock shot or destroyed, within twelve hours of such identification; and for the omission of such notice, such proprietor, possessor, or agent, shall, upon conviction thereof before a police magistrate be liable to a penalty not exceeding two pounds, and if the owner of such animal or stock shall not remove the same within twelve hours after the receipt of such notice, or if the property cannot be identified, the same shall be considered as abandoned and be deemed the auch animal or property of the party aggrieved.
Removal of
stock.
Party #g- grieved by
15. The party aggrieved by the trespass of any animal or stock in the last section mentioned may, instead of shooting or destroying any such animal or stock, prefer his trop may, complaint to a police magistrate, who shall adjudicate thereon as in the case of a com- instead of de-
stroying such plaint preferred under the "Act to facilitate the performance of the duties of Justices of animal or
stock, apply to "the Peace with respect to summary convictions and orders," and the police magistrate ce magis- may award to the party aggrieved any sum not exceeding ten pounds, besides costs, to be trate for re- recovered as in the case of compensation of costs awarded in malicious injuries to property, and in default of payment, it shall be lawful for the police magistrate to commit the offender to the common jail with or without hard labour for any period not exceeding one month.
dress.
Appropria
and penalties.
16. All fines and penalties, other than moneys payable to the party aggrieved or specially appropriated under this Act, shall be payable to Iler Majesty, her heirs and tinn of finea successors, for the use of the Colony.
17. The Act entitled, "An Act to repeal an Act entitled, An Act for regulating Repeal of No. ""trespasses,' together with another Act entitled 'An Act for amending a certain Act of 995. "this Island, entitled 'An Act for regulating trespasses, and to substitute other provi- "sions in regard to trespasses in lieu thereof," shall be, and the same is hereby repealed except as to any trespass committed before the passing of this Act, which shall be dealt with as if this Act had not been passed.
18. And whereas certain public lands contiguous to the poor-house and common jail, bounded to the east by lands of Henry Liggins, Esquire, to the north by the high road, to the south by the high road, and to the west by East Street, are exposed to frequent trespasses of horned cattle and other animals, and it is expedient to repress the same.
Be it enacted that it shall be lawful for the master of the poor-house and the keeper
: