PUBLIC RECORD OFFICE
Reference --
LITICO.885
3 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
EASTERN
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LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
to considerable damage by trespass and depredations committed on their lands by stray CLOSUS cattle, goats, sheep. and pigs, and the public roads and canals have been in like manner materially injured: and whereas it is essential for the protection as well of public ronds and canals as of the agricultural interests of the settlements, that effectual means should be devised both for the prevention of such trespass and depredations, and for enabling proprietors of land with greater ease and certainty to recover damages for the injuries thereby sustained; and whereas, by the Regulation No. 9, of the year 1833, these objects were partially provided for as regards certain parts of the Island, but it is desirable that one uniform system should be prescribed, applicable to and capable of being enforced in all parts of Ceylon.
Regulations
No. 9 of 1833. Talvi
Siry cattle. 30.40 b 4.12.31.
Mole of pro- musdure manual
Date 14
Why t
Lou
124-
When with, te, called De 4141
1. It is therefore hereby enacted, by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, that from and after the first day of July next, the Regulation No. 9, of the year 1833, entitled “To provide for the case of cattle, goats, and sheep, found straying within the gravets of Colombo, Galle, Mútara, Trincomalee, Jaffna, or Kandy," be repealed.
2. And it is further enacted, that from and after the said first day of July next, it shall and may be lawful for any proprietor or tenant, or any other person by his direc tion, of any land, garden, plantation, or field under cultivation, and fenced in such manner as the local custom may require, or without any fence, if by the established local custom no fence is required, and in respect to the Government preserved cinnamon plantations of Marandahn, Ekele, Kadirane, and Morotto, for any person thereto duly authorized, to seize any cattle, goats, sheep, or pigs found straying therein, and to tie up and detain such cattle, goats, sheep, or pigs, until the owner thereof shill have been ascertained, and the damages, if any, occasioned by such trespass assessed in manner hereinafter mentioned, and the fair expense of the keep of each and every such cattle, goats, sheep, or pigs during their lawful detention as aforesaid, may be recovered as
hereinafter mentioned.
3. And it is further enacted, that the owner or person in charge of such stray cattle, goats, sheep, or pigs shall be liable to the proprietor or tenant of such land for the full amount of damages by him sustained in consequence of the trespass, and if the said trespass shall have been committed in the night time, he shall be further liable to pay a fine to the King equal to the amount of the damages awarded; the damages to be assessed and the penalty to be levied in manner following, that is to say: Notice of the seizure of such cattle, goats, sheep, or pigs shall forthwitli be given to the nearest constable, police vidahu, or local headman, who, if he be not the principal resident headman of the village or district, shall without delay give information thereof to the principal headman of the village or district, if such principal headman he resident at the time within ten miles, and such headman shall, as soon as may be, repair to the spot, and with the assistance of three or more respectable persons of the neighbourhood, if the attendance of such persous can be procured (otherwise without their assistance), ascertain to whom the cattle, Coats, sheep, or pigs belong, and the nature of the trespass committed, and assess the amount of damages thereby sustained, and forthwith furnish the land proprietor, or other person on his behalf, with a report of the particulars of such trespass, and the amount of such assessment, and the names of the persons by whom such assessment shall have been maie, for production before the district court; and unless the parties shall agree in the amount so assessed, the report shall be produced before the district court, but shall not he received in evidence unless verified on the oath of such headman in open court; and the said district court, after summarily hearing the parties, and the witnesses whorn they may bring with them, or any others whose evidence the court may think fit to require. shall award such damages as shall be proved to have been sustained, together with the charges for keep in the last preceding clause mentioned, and, further, a fine of equal amount in case the trespass shall have been committed in the night time, which damages and penalty shall be levied by distress, if not otherwise discharged.
1. And it is further enacted, that in any case where trespass shall be proved to have been committed as hereinbefore mentioned, whether any damage shall be pr ved to have been sustained in consequence of such trespass or not, it shall be lawful for the district court in its discretion to award a fine not exceeding Ten Shillings for each head of cattle, goats, sheep, or pigs, which shall be proved to have been trespassing, to be paid by the owner or person in charge thereof; and it shall be competent to the said court in its discretion to direct that a share, not exceeding half of such fine, to be paid to the owner or occupier of the land, and the remainder to the King.
5. And it is further enacted, that where the proprietor of such cultivated land, or the tenant or occupant thereof, or other person on his or their behalf, is unable to secure such stray cattle, goats, sheep or pigs, but can satisfactorily prove the trespass and
AND ALSO AS TO PRESERVATION OF GAME.
73
EASTERN
identify the cattle, goats, sheep, or pigs, or the owners or persons in charge thereof, such owners or persons in charge shall nevertheless be liable, notice being given of the trespass COLONIES. in the manner directed in the third clause of this Ordinance, to the like penalty and damages, and the course of proceeding in respect thereof shall be similar, as far as the circumstances admit, to that in the said third clause directed.
6. Provided always, that all right to the benefits of this Ordinance, in respect to the charges and damages in the preceding clauses mentioned, shall be forfeited, unless the notice thereby required shall have been given within forty-eight hours from the time of seizure or trespass done as therein respectively mentioned, to the constable, police vidahn, or local headman, if any shall be resident within ten miles, or if no headman be resident within that distance, then within a reasonable period after the seizure or damage done, and unless such land, field, garden, or plantation be protected by such fence, if any, as the local custom may prescribe.
Notice
SİZ - quired
Cattle to
marks to b
7. And in order to facilitate the identifying of cattle, it is further enacted, that from and after the said first day of July next, every person possessing cattle, not already red,
branded er branded or marked, and being eighteen months old or upwards, shall cause the same to dription of be branded or marked, and shall furnish within three months from and after the said fumised first day of July and thereafter yearly and every year, in the month of January, a yearly correct description of the mark or marks with which his cattle are branded, to the principal headman of the village or district; in default thereof he shall be liable to a penalty not exceeding Three shillings for every omission to furnish such description or account, and a penalty not exceeding Sixpence for every head of cattle not branded of marked, one moiety of such penalty or penalties, on conviction before the district court, to be paid to the informer, and the residue to the use of our Lord the King.
Punishment
driving eattle,
When outd
8. And in order to prevent false and unfounded complaints on the part of land pro- prietors and others, it is further enacted, that whenever it shall appear to the satisfaction for wilfully of the district court before which the complaint is preferred, that such cattle, goats, & land sheep, or pigs were wilfully driven, or had entered upon the land, by or with the connivance of the proprietor, tenant, or occupant of such land, or by any other person, such proprietor, tenant, or occupant, or other person, shall be liable to such punishment by fine, imprisonment with hard labour, or whipping, as the district court shall award.
9. And whereas it may sometimes happen that cattle committing trespass cannot be seized or identified, so that the owner thereof may be known, it shall be lawful for the may be sluit district judge, or, if the place where such trespass is committed shall be more than ten miles from the district court, then for the principal headman having local authority, and none other, to grant permission in writing for the shooting of any stray cattle, if it shall be made satisfactorily to appear to the district judge or headman that such cattle are in the habit of trespassing, and cannot be seized or identified so that the owner thereof may be proceeded agaiust, and thereupon such district judge or headman may at his discretion direct some fit person to proceed to the land, field, garden, or plantation, as aforesaid, who shall first endeavour by every reasonable exertion to seize and identify such cattle then or afterwards found committing trespass, and if he, being duly assisted by the landowner or others on his behalf, shall find it impracticable to seize or identify such cattle, then, and not otherwise, he shall shoot or otherwise destroy or cause the same to be shot or otherwise destroyed in his presence: provided that such order shall not be in force more than one month from the date thereof, and that in all cases where any such order is given by the principal headman as aforesaid, he shall within forty- eight hours transmit a duplicate thereof to the district judge, in failure whereof he shall be liable to such damages or other punishment as the court may award; and when any district judge shall make such order as aforesaid he shall enter the same in his diary.
10. And it is further enactel, that it shall and may at all times be lawful for any land proprietor or tenant, or other person by his direction, to destroy any pigs found straying within the limits of his cultivated field or enclosed land, garden, or plantation; and for any person duly authorized there to destroy any pigs found straying in the Govern destroyed ment preserved cinnamou plantations aforesaid.
Pagu stru
ing in calti-
ekis. e
Or straying
ernals
11. And for the better protection of the public roads and canals, it is further enacted, that it shall and may be lawful for any constable or poliçe vidahn or local headman, or merek any other person acting under his or their directions, to destroy any pigs found straying upon, burrowing, or wallowing in any public road, or in any públic canal, or on the borders or banks of any public road or canal.
cuttl, de
12. And it is further enacted, that it shall and may be lawful for any person to seize any cattle, goats, sheep, or pigs found straying in the streets, roads, thoroughfares, and public places within the Gravats of Coloniho, Galle, Matara, Trincomalee. Jaffna, and whit Kandy, or in any other land in any part of these settlements properly enclosed, whether
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