PUBLIC RECORD OFFICE
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11C.O.885
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
WEST INDIAN
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LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
the pilfering of canes, megass, wood, potatoes, peas, grass, and other plantation produce, not susceptible of proof of identity, while such trespasses remain cognizable only in the COLONIES. Superior Court; and it is therefore expedient, to give to Justices of the Peace jurisdic- tion in cases of minor trespasses: Be it therefore enacted, by the Officer administering the Government of Her Majesty's Islands of Saint Christopher and Anguilla, and the Council and Assembly of the same.
Casos of tron- pass on innde
title arises,
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fender liable
and costa.
I. That in all cases of trespass committed on lands, tenements, and hereditaments, c., where no where no bona fide question of title shall arise in the course of the proceedings, it shall question of and may be lawful for the party or parties aggrieved to prefer his, her, or their com- may be deter plaint before any Justice of the peace in the parish where the complainant or com- mined by two plainants shall reside, and such Justice of the Peace is hereby required and authorized Peace; and to associate with himself another Justice of the Peace, which Justices, or any other two Justices, shall have full power and authority to hear and determine such complaint, and exceeding 10. to award a sum not exceeding forty shillings and costs, to be paid by the party com- mitting such trespass or trespasses, or to dismiss such complaint with costs not exceeding forty shillings, or without costs; and in the event of non-payment of the sum awarded, and costs, or of the costs awarded, either immediately or within such time as the Justices of the Peace hearing and determining such complaint shall appoint, any Justice of the Peace is hereby authorized and empowered, by a warrant, to authorize the same to be distrained for, or to commit the party or parties convicted of such trespass or trespasses, and omitting or neglecting to pay the amounts awarded, to the common gaol, there to remain for any space of time not exceeding ten days, unless the amount be sooner paid: Provided always, that all such fines, so as aforesaid imposed, shall be paid into the treasury, to the credit of the public revenue, and not to the party complainant.
Act not to
passagy
II. That this Act shall not interfere with, or be construed to affect the rights of any affect right of person or persons to pass or repass orderly and quietly through and along the customary through cus path leading from the public highways to the several habitations to which such path nor in affect leads: Provided, nevertheless, that nothing in this Act contained shall be deemed to the title of any affect the title or freehold of any proprietor or proprietors in any such path. proprietor is
tomary path-
such path
Preamble:
NEVIS.
As Acr to repress Trespasses of Stock.
1. Present public pound to be continued.
2. As vacancies arise President to appoint keepers.
3. Proprietors, possessors, or person in charge of any plantation or other land, may impound any horse, mules, camel, ox, or other cattle; any sheep, goat, or swine found trespassing to be impounded in nearest public pound.
4. Pound-keeper to give notice in writing to owner in twenty-four hours.
5. For a camel, a fine of six shillings; horse, mule, ass, ox, or other cattle, four shillings to be paid to pound-keeper, with allowance of one shilling per day for feeding the same, sheep, goat, or swine, one shilling and sixpence to be paid to the pound-keeper, with allowance of fourpence per day for feeding the same.
ti. Horse, mule, camel, ass, ox, or other cattle, impounded not redeemed within ten days; sheep, goat, or swine, within seven days, to be sold by public outery, at nearest town or village, and proceeds, less fines and allowances and expenses, to be paid to owner, and if no application by owner in twenty-one days, to treasurer for public account.
7. Pound-keeper failing to provide food and water, or to give notice, liable to a fine not exceeding ten pounds.
8. Proprietor of any plantation, &c., may impound any horse, sheep, &c., found tres- passing, to be impounded on such plantation, &c., and shall give notice in writing within twenty-four hours to owner, &c., and of fine and allowances not paid in forty-eight hours, and after notice shall sell the same. Application of proceeds.
9. Any person illegally impounding, &c., liable to a penalty of five pounds sterling, magistrate may award penalty to owner, and order release of animal.
10. Any person rescuing any animal impounded liable to a penalty of five pounds. 11. Proprietor, &c., may prefer complaint before police magistrate for damage done. Magistrate to award any sum not exceeding ten pounds and costs.
12. Proprietor, &c., may destroy any goat, swine, dog, or feathered stock; such stock being on cultivated land, found trespassing, and property being identified, notice in writing to the owner, &c., within twelve hours. Penalty for want of notice not more than two pounds. It property not claimed or not identified, considered abandoned.
AND ALSO AS TO PRESERVATION OF GAME.
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\ E&T
13. Party aggrieved by trespass may, instead of destroying, &c., prefer complaint. Police magistrate may award any sum not more than ten pounds with costs.
14. Fines and penalties not specially appropriated to be paid to treasury on public account.
15. Any two magistrates to act in place of police magistrate. 16. All money mentioned sterling.
17. Repeal of Acts,
BE IT ENACTED by the President, the Council, and Assembly, as follows:
1. The several public pounds in use at the passing of this Act shall continue to be public pounds, and shall, from time to time, be repaired by the keepers thereof re- spectively under the order and direction of the President.
2. A pound-keeper shall, from time to time, as vacancies shall arise, be appointed to each pound by the President, and shall be removable at his discretion.
3. 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, camel, ass, ox, or other cattle, or any sheep, goat, or swine, which shall be found trespassing on such plantation, estate, or land, to be captured and impounded in the public pound, which shall be nearest to the place where the trespass was committed.
4. The pound-keeper to whose custody any animal shall be committed shall, within twenty-four hours, give notice in writing of the impounding of such animal to the owner, if the owner be known, and for such notice shall be entitled to the sum of one shilling.
5. The following fines, exclusive of the notice fee and allowances, shall be payable to the pound-keeper, that is to say, for the release of every camel, a fine of six shillings, and for every horse, mule, ass, ox, or other cattle, a fiue of four shillings, which shall be paid to the pound-keeper to his own use, as a compensation for securing the same with an allowance of one shilling per day for feeding the same; and for the release of every sheep, goat, or swine, a fine of one shilling and sixpence, which shall be retained by the pound-keeper to his own use as a compensation for securing the same, with an allowance of fourpence per day for feeding the same.
6. If any horse, mule, camel, ass, ox, or other cattle, so impounded, shall not be redeemed within ten days after such impounding, or if any sheep, goat, or swine, so impounded, shall not be redeemed within seven days after such impounding, the same at the expiration of the ten or seven days, as the case may be, shall be sold by public outcry at the nearest town or village, and the proceeds arising from the sale thereof, after deducting the notice fee, and allowances, and fine, and two shillings as and for expenses attending the sale, shall be paid by the pound-keeper to the owner of the animal so 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.
7. 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 shall, on conviction thereof before the police magistrate, be liable to a penalty not exceeding ten pounds, and on non-payment thereof to be imprisoned in the common gaol for any period not exceeding thirty days.
8. It shall be lawful for the proprietor or possessor or person in charge of any plan- tation, estate, or other land, to cause any horse, mule, camel, 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, within twenty-four hours, give notice in writing to the owner thereof, or to his attorney or agent, if known, of such impounding, and if the fine and allowances 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, such proprietor, possessor, or person in charge, shall affix a notice in writing on some conspicuous part of the pound where such animal shall be impounded, and also in some conspicuous place on the public highway, that the animal so impounded will be sold, and after seven days from the date of such notice shall pro- proceed to sell the same by a constable at the nearest town or village, and such prietor, possessor, or person in charge, shall, in the first place, out of the proceeds of the sale, pay to the constable, as a compensation for his trouble, the sum of two shillings and eightpence, and shall retain out of the balance of the said proceeds the notice fee, fine, and allowance, hereby authorized, and shall pay the surplus, if any, to the owner of the animal on his application for the same, and if there shall be no such application,
INDIAN
COLORIES.