CO885(2-3) — Page 442

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PUBLIC RECORD OFFICE

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C.O.885

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PUBLIC RECORD OFFICE, LONDON

8

NORTH

AMERICAN

('OLONIES.

Enclosures in No. 4.

Pramble

Penalty for Justg Over

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

Enclosures in No. 4.

Bermuda, 19th September, 1870. SIR,

In reply to your Excellency's memorandum on the Colonial Office Circular of 2nd August, 1870, calling for information as to the laws in force in these islands concerning Trespass and the Preservation of Game, I have the honour to report that the only Acts on the former subject are one of 1784 and another of 1834.

68

The former is "An Act for the more effectual Prevention of Damage from Persons passing over any Wall, Ditch, Hedge, or other Inclosure," and the latter is an Act to

amend that Act.

The Act of 1784 imposes a fine equal to Is. 3. sterling on every person convicted before a magistrate of climbing over or passing any wall, fence, hedge, ditch, or gate any inclosure through which no road is legally established. It directs the fine to be paid to the churchwardens of the parish in which the offence is committed.

of

The Act of 183-4 increased the fine to 38. 4d, old currency, equal to 2s, sterling, over and above the amount of the injury, if any, done by the trespasser and costs of prosecu tion, and made it payable to the proprietor or occupier of the land trespassed on, and for a second offence on the same inclosure doubled the fine.

Under the existing law, therefore, a person trespassing on inclosed land is liable to pay for the damage done and to damage beyond that to the amount of 2s. for a first and 48. for a second offence, besides "costs of prosecution."

Irrespective of these Acts a person retains his common law right of action against a trespasser, and can sue before à Magistrate's Court for damages up to 24., and in the Superior Court for damages beyond that.

This is the state of the law concerning trespass to land. There is no law in Bermuda relating to the preservation of game.

We have a law against trespasses on inhabited houses which is peculiar to these islands, and was called for by the unprotected state of isolated residences frequently occupied solely by females.

It is "An Act to make more effectual provision for the Security of Inhabited Houses," and was passed in the year 1866.

By it a person unlawfully breaking into a dwelling-house or inhabited building by night is subject, on conviction before two magistrates, to a fine of not more than £10 and not less than £2 and costs of prosecution, and to imprisonment with hard labour at the discretion of the Justices, not exceeding three months. This clause was meant to meet cases of housebreaking where no felonious intent could be proved. A minor punishment is provided for similar offences committed in the daytime, and for the offence of prowling about or entering inhabited houses without lawful excuse so as to annoy or alarm the inmates.

The Act provides that no question involving title shall be entertained by the Justices under it, and gives to every person charged with an offence under it a right to be tried by a jury in a Superior Court if he prefers it.

This Act has been found to work well and meets some offences against society which the common law does not reach.

There is no other local legislation on the subjects referred to in the Circular Despatch. I will request the Colonial Secretary to forward to your Excellency copies of the Acts to which reference has been made.

Colonel Sir T. Gore Browne, K.C.M.G., C.B.

&c.

&c.

&c.

I have, &c., (Signed)

S. B. GRAY, Attorney-General.

BERMUDA ACTS.

AN ACT for the more Effectual Prevention of Damage from Persons passing over any

Wail, Ditch, Hedge, or other inclosure.

[25th May, 1784.] WHEREAS many inconveniences have arisen to landholders, who have been at consider- able expense to inclose their land, from persons passing over their inclosures, by which the end proposed in making them is, in a great measure, defeated:

I. We, &c., and be it enacted, &c., that if any person shall climb over or otherways neled and pass any wall, fence, hedge, ditch, or gate of any inclosure through which no road is where diere is established in the manner by law directed, or shall be found within such inclosure, he,

AND ALSO AS TO PRESERVATION OF GAME.

9

NORTH

AMERICAN COLONIES.

she, or they so offending shall, upon proof being made thereof before any one or more of His Majesty's Justices of the Peace, forfeit and pay the sum of two shillings and eightpence for every such offence, over and above any penalty heretofore imposed on persous committing trespasses-and in case of refusal to pay the same, it shall be lawful no established for the Justice by his warrant to cause the same to be levied or distrained for on the road. goods and chattels of such offender-and that such penalty (the costs of prosecution being first deducted) be paid into the hands of the churchwardens of the parish where the offence shall be committed, to be applied to the purpose of defraying the incident charges of such parish.

II. And be it, &c, that the proprietor of any slave offending against this Act shall be accountable for such trespass as if such proprietor had committed the same, and liable of to the like penalty and forfeiture.

III. And be it, &c., that this Act shall continue in force from the first day of June next to the first day of June, One thousand seven hundred and eighty-six, and so to the end of the next session of Assembly, and then to determine and expire.

(Continued indefinitely by the Act of twenty-ninth June, One thousand seven hundred and ninety-three.)

Proprietors

offending made liable

for penalties.

Duration.

Preamble

AN Acr to amend an Act for the more Effectual Prevention of Damage from Persons

passing over any Wall, Ditch, Hedge, or other inclosure. [4th September, 1834.]) WHEREAS the Act the title whereof is above recited, was passed by the Legislature of these Islands in the year of our Lord One thousand seven hundred and eighty four, for a certain period therein mentioned, and by a certain other Act passed in the year One thousand seven hundred and eighty-eight, was renewed and prolonged unto the first day of May, One thousand seven hundred and ninety-three, and by a certain other Act passed in the year One thousand seven hundred and ninety-three was prolonged and rendered indefinite, and it is expedient to amend the same: We, &c., the General Assembly, &c., be it enacted, &c., that if any person shall climb over or otherwise pass any wall, fence, hedge, ditch, or gate of an inclosure, through which no road is established in the manner by law directed, or shall be found within any such inclosure without permission of the proprietor or occupier thereof, every such offender, being con- victed thereof before a Justice of the Peace, shall for the first offence (instead of the penalty by the said Act prescribed) forfeit and pay, over and above the amount of the injury, if any, done by such offender within such inclosure, and costs of prosecution, the sum of three shillings and fourpeuce to the proprietor or occupier of the land: And if any person so convicted shall afterwards be guilty of any of the said offences within the same inclosure, and shall be convicted thereof in like manner, every such stres offender shall for such second or subsequent offence forfeit and pay over and above the amount of injury, if any, done by such offender within such inclosure, and costs of prosecution, the sum of six shillings and eightpence to the proprietor or occupier of the land such penalties or forfeitures and costs of prosecution to be sued for and recovered in like manner as debts not exceeding five pounds are recoverable by law.

As Acr to make more effectual Provision for the Security of Inhabited Houses.

[12th July, 1866.]

WHEREAS no sufficient provision is made by law for the prevention or punishment of certain trespasses on inhabited houses when not committed with an apparently felonious intent whereby the inhabitants of these islands, especially those residing in remote and secluded spots, are left in a very unprotected state, and it is deemed expedient to provide some means of protecting inhabitants of houses against such trespasses:

We, &c., the General Assembly, &c., be it enacted, &e. :

Penalties

passers.

Preamble.

A nocturnal trespass madu

a

£10 and 3

I. Whenever any person without lawful excuse shall break and enter any dwelling house or any building within the curtilage of any dwelling house and occupied therewith punishable by or any inhabited building between the hours of seven o'clock in the evening and seven maximu o clock in the morning every such person on being convicted thereof before any two premment. Justices of the Peace shall be liable to a fine of not less than Two pounds and not more d than Ten pounds together with costs of prosecution and also if the said Justices shall out with see fit to a term of imprisonment with or without hard labour not exceeding Three detention calendar months; and in default of payment of the fine and costs within such time as months were the Justices shall allow they shall have power to commit the offender to either of Her paid and by

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