CO885(2-3) — Page 470

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PUBLIC RECORD OFFICE

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Reference-

C.O.885

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PUBLIC RECORD OFFICE, LONDON

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AFRICAN

AND

MEDITER

RANKAN COLONIES.

No. 31.

Enclosure in

31.

Preamble.

No horse, mule, am, gvat.

G4

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

No. 31.

ST. HELENA,

Copy of a DESPATCII from Governor REAR-ADMIRAL PATEY to the EARL of KIMBERLEY.

(No. 78.) MY LORD,

St. Helena, 20th September, 1870. In obedience to the directions conveyed to your Lordship's Circular Despatch, dated 2nd August last, I have the honour to transmit copies of the enactments in force in this island as to trespass and also as to the preservation of game, viz. :

No. 13 of 1838. An ordinance for consolidating and amending the local laws of St. Helena relative to cattle and sheep depastured on the waste lands of the Crown, and for the prevention of trespass.

No. 2 of 1847. An ordinance relative to sheep and other animals found trespassing on the sides of the hills adjacent to James Town.

No. 3 of 1868. To amend and consolidate the laws relating to game.

No I of 1870. To extend the period of licences to shoot game.

The above ordinances relating to trespass refer almost exclusively to cattle and sheep depastured on the waste lands of the Crown. In all other cases of trespass the proceedings are regulated by the law of England, so far as it is applicable.

I have, &c.,

(Signed) CHAS. PATEY, Rear-Admiral,

Right Honourable the Earl of Kimberley.

Enclosures in No. 31. No. 13-1838.

Governor.

AN ORDINANCE by His Excellency the GOVERNOR in Council for consolidating and amending the Local Laws of St. Helena, relative to Cattle and Sheep depastured on the Waste Lands of the Crown, and for the prevention of Trespass. WHEREAS, the inhabitants of St. Helena, occupiers of land, have heretofore been per- mitted to turn their cattle and sheep upon such of the waste lands of the island as were not appropriated for agricultural or other purposes: and whereas, it is expedient to remedy various abuses, which have taken place in the exercise of such permission :

Be it declared and enacted, that no horse, mule, ass, goat, or swine shall be turned or swine, to be loose, or kept upon any of the unappropriated waste lands of the Crown; and that no person not in the occupation of ten acres of land shall keep or turn loose upon the said waste lands any cattle or sheep:

turned on

warte latis,

and that

Į -

pying lewe

And be it enacted, that no person in the occupation of ten acres of land shall keep or theres turn loose upon the said waste lands more than one sheep, above the age of six months, shall keep cattle relice

for every two acres of land, and one head of cattle above the age of six months, for every four acres of land, of which he shall so be in the possession: Provided always, end and be it further enacted, that no person shall turn loose any cattle commonly called UHls, clit

black cattle," upon any of the said waste lands, between the 1st of November and the the sheep 1st of March in every year, nor any stock whatever at any time, in any of the divisions fort of the island (hereinafter described), in which he or she shall not be in the occupation Art . Niinl n1nt heal of cattle of ten acres of land, nor on the sides of Ladder Hill and Rupert's Hill, above James' for every foue

Town:

for

BUTUS,

Na black eattle to be turtas on any waste lands between the

Int

Na.

1st March.

Not s turn

And be it enacted, that if any person shall turn loose or keep upon the waste lands aforesaid any stock whatever, contrary to the enactments hereinbefore made, the stock so turned loose or kept shall be liable to be impounded, and the owner or proprietor thereof shall be subject to the penalties hereby imposed for cattle found trespassing:

Ami be it enacteÏ, that the ancient division of the island into three divisions, called eattie, & in Eastern, Western, and Southern Divisions; the southern division extending to the south any other du of a line drawn from Long Range, through Rock Rose Hill, along the main ridge by Diana's Peak, High Peak, Thompson's Wood Hill, to a place called the Church Yard; and the castern and western divisions comprising the remainder of the island, and divided by a line drawn through James' Valley to Francis' Plain Waterfall, and thence Hop by the Valley of Sitches Water, to the main ridge at Sitches Gate, shall be for all the

purposes of this Ordinance, the recognised divisions of the island:

trict than where [

Nor

ra ladder

Mill

When

liable to be sapounded.

And be it enacted, that the churchwardens shall, within one month from the passing biruits of of this Ordinance, and at their annual vestry meeting in every succeeding year, in Easter week, appoint one inspector, and a sufficient number of shepherds for each of the said in uue ut at divisions: Provided always, that in case the churchwardens shall refuse or neglect to

the island. Churela- wardens with-

AND ALSO AS TO PRESERVATION OF GAME.

65

appoint such inspectors and shepherds as aforesaid, or in case such appointments shall not be satisfactory to the inhabitants of the respective districts, then and in such case it shall be lawful for any two Justices of the Prace to confirm the appointment, or appoint any new, or other inspector or shepherds, as the case may be:

AFRICAN

ANU

MEDITER

BANKAN

COLONIES,

March

rda.

Wanleto

apparit

And be it enacted, that in case of the appointments of any inspectors or shepherds by any such Justices of the Peace as herein mentioned, it shall be lawful for such Justices afterwards, to of the Peace to order and direct such salary or sum of money to be paid by the owners spent in or proprietors of stock turned loose, or kept upon the waste lands of the division, for which such inspectors or shepherds respectively shall be so appointed, to the person or persons so appointed, as to such Justices shall seem meet; Provided always, that if such alerting. owners or proprietors shall not agree among themselves as to the proportion of such states to salary, for which they shall be respectively liable, or if such salary shall not be paid to such inspectors and shepherds respectively, within fourteen days after the time or times when such salary or sum of money shall be ordered to be paid, it shall be lawful for any two Justices of the Peace to fix such proportions, and by warrant under their hands and seals, to order the same to be levied by the distress and sale of the stock of the person or persons who shall neglect or refuse to pay his or her proportion thereof, then of ment grazing upon such waste lands:

to in- Mixture sunt

t herds

strate

Pivo in eas of neglect

shepherds 11

And be it enacted, that in case it shall be made to appear to any two Justices of the Justin to Peace, on the complaint of any person, that the number of shepherds for any of the said App-in extre divisions shall not be sufficient for the proper care and attendance of the stock in such required. division, then and in such case it shall be lawful for such Justices of the Peace to appoint such and so many additional Shepherds as to them shall seem expedient, such additional shepherds to be paid by a salary to be ordered by any two Justices, in the manner hereinbefore lastly mentioned:

Bret Monday

in every year

And be it enacted, that the inspectors so to be appointed as aforesaid, shall, on the Inspectors

make first Monday in every year, make a report in writing to the magistrates, at the police to office, stating therein the quantity and description of stock that have been commoned ports, on the during the preceding year, the names of the proprietors, and the capabilities of the waste lands for their support; and that such inspectors respectively shall once at least in every three months visit and inspect the sheep pounds in their respective districts, on some or one of the days in which sheep are impounded, and shall report to the magis- shop pounds trates aforesaid the names of those persons who shall have omitted to brand and keep every three branded their sheep, afid generally of all infringements which shall have been made, mjet, &c. contrary to the provisions of this Ordinance:

Inspectors

to visit the

months, and

church.

and inspectors

And be it enacted, that in case the churchwardens shall refuse or neglect to appoint Penalty for such inspectors and shepherds as hereinbefore mentioned, or in case such inspectors, or wardens not any or either of them, shall neglect or refuse to make such report respectively as afore- appointing, said, the person or persons so offending shall, on conviction thereof before any two not reporting magistrates, forfeit and pay such sum of money, not exceeding the sum of five pounds, as to such magistrates shall seem meet :

Waste lamis

abatement of

And be it enacted, that if at any time it shall be made to appear to the satisfaction of oventocked. any two magistrates that the unappropriated waste lands in any division are insufficient magistrate to support the quantity of stock usually kept there, it shall be lawful for such magistrates may order an to order such a diminution or abatement of such stock as to them shall seem meet, and stock. the proprietors of lands in such districts shall abate the quantity of stock which they shall keep on such waste lands, in proportion to the number of acres of land which they shall respectively occupy:

Cattle,

And be it enacted, that all cattle, sheep, swine, and goats above the ages of six months shall be marked with the ear mark of the owner or proprietor. That all sheep shall be a wine. nil goats to branded on both sides, with the initials of the owner, in letters of not less than six year inches in length, and of a proportionate breadth, of a white colour if the sheep shall happen to be black. Audd of a red or black colour if the sheep shall happen to be white, And that all ear marks and initials or brand marks shall be registered in the police office, And that no person shall have more than one car or brand mark for each of which arks to be register the sum of one shilling shall be paid to the clerk to the magistrates:

m.rk.

budet

Sheep to be

Ear marke

and brand

registered

And be it enacted, that in case any person shall refuse or neglect to mark and brand. and keep marked and branded, their cattle, sheep, swine, or goats, as hereinbefore mentioned, the person or persons so offending shall, on conviction thereof before any two magistrates, fortei: and pay the sum of five shillings for every animal so unmarked elet and unbranded :

Penalty for

mark and

1.1

Nip.nl- trospring

And be it enacted, that in case any animal shall be found trespassing without being marked and branded, in pursuance of this Ordinance, it shall be lawful for any magistrate k

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