CO885(2-3) — Page 449

PUBLIC RECORD OFFICE | Reference :---

COPYRIGHT PHOTOGRAPH-NOT TO

22

WEST INDIAN COLONIES.

Enclosure an No. 9.

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

AND ALSO AS TO PRESERVATION OF GAME.

23

PUBLIC RECORD OFFICE

Reference :-

C.O.885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Enclosure in No. 9.

REPORT OU the Laws in force in the Colony of the Turks and Caicos Islands as to Trespass, and also as to the Preservation of Game.

Queen's Advocate's Office, Turks Islands,

10th October, 1870.

The only laws in force within this Colony which give to Justices of the Peace a summary power of punishing Trespasses upon Real or Personal Property, are the Acts of 11 Victoria, cap. 3 (page 190 of the “Laws of the Turks and Caicos Islands"). This Act gives jurisdiction to a Justice of the Peace in actions of trespass where the amount of damages claimed does not exceed £5 sterling, and which, in cases of trespass to real property, involve no question of title to the land alleged to have been trespassed on. The provisions regulating these cases of petty trespasses are the same as those contained in the Act making provision for the recovery of small debts in the Colony, 10 Victoria, cap. 20 (page 189 Laws of the Turks and Caicos Islands").

2. The next Act which confers a like summary power upon Justices of the Peace in cases of damage to real or personal property is the Act 5 William 4, cap. 10, sects. 12, 13, 14, 17, 18-29 (Laws of the Turks and Caicos Islands," pages 202-206). This Act is entitled "An Act for the more effectual punishment of persous committing "malicious injuries to property," and the sections not cited refer to proceedings of a higher nature and to offences exclusively within the jurisdiction of the Supreme Court of the Colony, such as maliciously firing of woods, destroying churches, chapels, build- ings, fire-engines, machinery, vessels, horses, cattle, &c. To all of which offences the English Statute Law as adapted to the Colony applies.

The civil action of trespass as existing in England, either for damage to real or personal property, is followed in this Colony whenever the case falls within the jurisdic- tion of the Supreme Court, which extends from £5 upwards.

3. The 28th and 29th sections of the "Bahama Âct," 2 Victoria, cap. 5, provide for the unlawful killing or taking of pigeons and house doves, rendering the offender liable to pay £2 over and above the value of the bird; and for fish and turtle kept in private crawls or ponds the payment of a sum not exceeding £15, or three months imprisonment, with or without hard labour, at the discretion of the Justices ("Laws of the Turks and ('aicos Islands," p. 219).

4. The Act, 9 Victoria, cap. 12 (“ Laws of the Turks and Caicos Islands,” pp. 283, 284), provides for the punishment by imprisonment with hard labour of any person being found on private lands between sunset and sunrise without being able to give a lawful excuse therefor.

5. There are no laws for the Preservation of Game, as it is only occasionally a few sand-pipers and plovers visit the Turks Islands. At certain portions of the Caicos Islands, however, wild fowl abound.

Submitted respectfully by

President Campbell, &c. &c. &c.

(Signed)

JOAN ARTHUR.

Queen's Advocate.

No. 10.

BRITISH GUIANA.

Copy of a DESPATCH from Governor SCOTT to the EARL of KIMBERLEY,

(No. 110.) MY LORD,

Government House, Georgetown,

20th September, 1870.

I have the honour to acknowledge your Lordship's Circular Despatch of the 2nd ultimo, requesting me to furnish copies of any enactments in force in this Colony relating to Trespass, and also to the Preservation of Game.

2. I find that there is only one Ordinance in force in this Colony relating to Trespass, enacted as far back as the year 1850, and of which I beg to enclose a manuscript copy.

3. There are no Ordinances relating to the Preservation of Game

I have, &c,

The Right Hon. the Earl of Kimberley,

Rte.

&c.

&c.

(Signed)

J. SCOTT.

Enclosure in No. 10.

BRITISH GUIANA.

No. XXXIII, 1650.

AN ORDINANCE for the more effectual Prevention of Wilful Trespass on Land and other Property.

WHEREAS it is expedient to make provisions for the more effectual prevention of wilful trespass on landed or real property, and for the summary conviction of persons guilty of such trespasses:

WIST INDIAN

COLONIES.

Enclosure m No. 10.

What per-

sons shall h

1. Be it therefore enacted, by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, that if any person shall wilfully themed wifful trespass on any land, yard, garden, stelling, or premises, or in any canal, trench, or pond trempowers belonging to another person, or to any corporation or company, public or private, and on which, or near to which, there shall be stuck up on one or more conspicuous place or places a notice, in large legible letters, forbidding in general terms all persons to trespass, and warning them against the consequences of so doing; or if, in the absence of such notice, auy person shall wilfully trespass as aforesaid, and shall refuse to quit upon request to him made by the owner, tenant, or occupier of any such land, yard, garden, stelling, premises, canal, trench, or pond, or by the agent or servant of any such owner; tenant, or occupier; every such person so wilfully trespassing, and all others aiding and assisting therein, shall be deemed to be wilful trespassers, and every such trespasser shall and may be seized and detained by any such owner, tenant, or occupier, agent or servant, or by any person whom he may call to his assistance, until such trespasser can be con- veniently taken before a Justice of the Peace; and when any such trespasser shall be convicted before a Justice of the Peace, he shall forfeit a sum not less than four dollars and not exceeding twenty-four dollars: provided always that every labourer, or other person, having or occupying any house or cottage, or any room in any house or cottage, on any plantation or settlement having an open path or road leading from the public road to such house, cottage, or room, and his relations, family, and visitors shall not be considered a trespasser or trespassers by passing along or upon such open path or road.

Canes, &c.

easion of wil-

2. And be it enacted, That if any trespasser aforesaid, at the time of his trespassing shall have or be in possession of any canes, coffee, plantains, bananas, fruit or vegetable found in pos production, similar in kind to any growing or being in or upon any such land, garden, ful trespasser. or premises, or of any fish similar in kind to any then or immediately theretofore in any such canal, trench, or pond, it shall be lawful for the owner, tenant, occupier, agent, or servant as aforesaid to seize and detain all such canes, coffee, plantains, bananas, fruit or vegetable production, and fish, until such trespasser shall prove to the satisfaction of a Justice of the Peace that the same has not been taken or obtained out of or from such land, garden, premises, canal, trench, or poud, as aforesaid; and in the event of any such trespasser not proving to the satisfaction of such Justice that such canes, coffee, plantains, bananas, fruit or vegetable production, or fish, are or is his property, the same shall be delivered to such owner, tenant, or occupier, as aforesaid, to be by him disposed of as he may think fit: provided always, that nothing in this section contained shall prevent the conviction of every such trespasser in the penalties mentioned in Section 1 of this Ordinance.

3. And be it enacted, That if any person shall fasten any boat, batteau, punt, corial, vessel, craft, raft, or float, to any private stelling, wharf, or landing-place, or any part thereof, or shall bring, place, or put any boat, batteau, punt, corial, vessel, craft, raft, or float in any private trench or canal, whether the same be used or not for drainage or otherwise, or shall put or place any article whatsoever upon any such stelling, wharf, land, or landing-place, or in or over any such trench or canal on which or near to which there shall be stuck up a notice in large legible letters forbidding in general terms all persons to trespass, and warning them against the consequences of so doing without the leave of the owner or person in possession of such stelling, wharf, land, or landing-place, trench, or canal, or without some pressing necessity, such person shall be deemed a wilful trespasser, and every such trespasser, boat, batteau, punt, corial, vessel, craft, rast, float, and article shall and may be seized and detained by the owner or person in possession of such stelling, wharf, land, landing-place, treuch, or canal, or by his agent or servant, and complaint made to a Justice of the Peace, who, upon proof to his satis- faction, shall adjudge such person to be a wilful trespasser, and to forfeit a sum not less

Trespass on stellings

No. 10,