CO885-(2-3) — Page 447

PUBLIC RECORD OFFICE

Reference :-

TILLICO.885

PUBLIC RECORD OFFICE, LONDON

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

WEAT INDIAN

COLONIES.

aharacter, and

which have hoeu soted on

since lat Jan.

1850, con- firmed.

Common law La fare, with mertain paulit- cations.

Public gete- ral status ♪~~

in force.

18

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

similar rules, orders, or resolutions, or by any order, proclamation, or other Act of Her Majesty's Government, or of Her Majesty's Superintendent for the time being, or by any other law of this settlement, prior to or during the present session, and which have been acted on as permanent and continuing laws since the first day of January, One thousand eight hundred and fifty, shall be and continué, and are hereby declared to be, laws of this settlement, as completely as if they had been expressly re-enacted by any other law under the present constitution.

And whereas it is desirable to declare what criminal and other laws of England are in force in this settlement:

Be it therefore enacted as follows, that is to say:

V. That so much of the common law of England as has been used in or is applicable to this settlement and the inhabitants thereof, in so far as it is not at variance with any local law of this settlement, and all statutes of the Imperial Parliament in abrogation or derogation, or in any way declaratory of the common law, shall be and continue, and are hereby declared to be part of the laws of this settlement; but this shall not be held to confer or establish any freehold of office, all offices and appointments being held, as heretofore, during pleasure, and subject to all duties imposed upon the holders thereof by law.

VI. That all statutes of the Imperial Parliament, of universal application, made and Lasing toilet passed prior to the thirty-first day of December, One thousand eight hundred and fifty- able offers, it four, and then in force, creating, relating to, or varying, any treason, felony, or indictable apple misdemeanor, or any trial thereof, or any sentence or punishment in respect thereof, in so far as the same are applicable or can be applied to this settlement and to the inhabitants thereof, and in so far as they are not at variance with any law of this settlement, and all statutes giving a concurrent summary jurisdiction in respect of any such indictable offences, shall be and are hereby declared to be laws of this settlement; and all future Acts of the Imperial Parliament of the like effect, and under the same qualifications, shall become laws of this settlement on and from the first day of January next, after the passing thereof; but this is not extended to any statute creating a particular offence, and giving only a summary jurisdiction in respect thereof, or to any statute of a local or limited character only.

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VII. That all laws of universal application, relating to evidence in courts of justice; to descents, inheritance, and succession; to wills and administrations; to the possession best of houses or lands, and trespasses or rights of action in respect thereof; to the possession of personal chattels, and the devolution or alienation thereof, and all rights of action respecting the same; to all promises, contracts, and sales, and all frauds in respect thereof, or generally in relation to property; to principal and agent; to limitations ol Post actions; to partnerships; to bailments; to lien and stoppages in transitu; and to general mercantile law; and to libel; and generally relating to rights of action and remedies, used and recognized in this settlement, in so far as they are applicable or can be applied to this settlement and the inhabitants thereof, and are not at variance with or qualified by any local law or recognized custom thereof, shall be, and the same are hereby declared to be, laws of this settlement; but this is not extended to any law of any local or limited operation, or to any law relating to bankruptcy or insolvency, or to any Act relating to customs or excise, or to any law relating to or regulating any trade, business, or profession.

Test Plat VIII. That all laws relating to any powers or jurisdictions given to or exercised by Her Majesty's Superintendent shall be laws of this settlement, in so far as they are junditions

the necessary to carry out and confirm any such powers or jurisdictions. *je-lendent

it free

tut.

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IX. That in the construction of all such Acts of the Imperial Parliament as are herein truci declared to be laws of this settlement, they may for the purpose of their local operation, and so far as may be necessary for their enforcement, he read as if they had been made and passed in this settlement; and all offences and causes of action triable in any county in England, may be tried in the courts of this settlement; and all absence in places Are be beyond the seas may be considered absence in places beyond the limits of this settlement. Imperial sta- X. That this Act is not intended to affect any statute of the Imperial Parliament in that which this settlement is expressly named.

statig

exerded.

XI. That this Act shall come into operation when Her Majesty's royal assent thereto Pace has been proclaimed by the Superintendent in this settlement.

Why Act to

AND ALSO AS TO PRESERVATION OF GAME.

19

ANNO VICESIMO QUINTO VICTORIA REGINA.

25 VICTORIA, Cap. 16.

WEST INDIAN COLONIES.

[March 10th, 1862.]

AN ACT to prevent Trespasses upon Property. WHEREAS it is necessary to provide for the prevention of trespasses upon property, and

for the prompt and sufficient punishment of persons who may hereafter be convicted of committing such offences:

Be it therefore enacted, by Her Majesty's Superintendent, by and with the advice and consent of the Legislative Assembly, as follows:

Trespasser- in enclosed

caltivated

on sumuary

penalty,

1. If any person, who shall hereafter commit a trespass by entering, not having any lawful business, on the premises of any private residence, or upon land belonging to any proprietor, or occupier, which is enclosed or in any manner cultivated, such person shall gas lin be liable to be summarily tried for such effence before any paid Justice of the Peace of conviction the district in which the offence is committed, and on conviction shall forfeit and pay such penalty, not exceeding ten dollars, as to such Justice of the Peace shall seem meet, together with the costs, not exceeding two dollars four rials, of the conviction, such penalty and costs, in default of immediate payment, or in default of payment at such - other time as the convicting Justice of the Peace may direct, to be recovered in manner. hereinafter mentioned and provided.

Trespassers may be

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names, de.. T

II. If any person shall enter and trespass on the enclosed or cultivated land of any proprietor, or occupier, it shall be lawful for such proprietor or occupier, or his servants, quind to quit to require the person so trespassing forthwith to quit the premises or the land whereon and give he shall be trespassing, and also tell his christian name, surname, and place of abode, be appr and in case such trespasser shall, after being required, refuse to tell his real name, and hende. place of abode, or shall give a false or illusory account of himself, or shall wilfully continue upon, or return to the said land or any part thereof, it shall be lawful for the proprietor, or occupier, and his servants, to apprehend such offender, and cause him forthwith to be taken or carried before any paid Justice of the Peace, of the town or district in which such offence is committed, and be summarily tried therefor, and such offender, on conviction thereof, shall forfeit and pay such penalty, not exceeding ten dollars, as to such Justice of the Peace shall seem meet, together with the costs of the vitious. conviction, such penalty and costs, not exceeding ten dollars, or in default of immediate payment, or in default of such other payment, as the convicting Justice of the Peace may direct, to be recovered in manner liereinafter provided.

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III. From and after the passing of this Act, any person who shall enter on any open or enclosed land, with intent to steal, cut, break, root up, or otherwise damage or destroy, any lands open r tree, sapling, shrub, or underwood, plant, or grass, or any cocoa nuts, cahoun nuts, or enclowd, with other nuts, or fruit, used for the food of man or beast, or for medicine, dyeing, or or damage distilling, shall be liable to be summarily tried for such offence before any paid Justice bebe tinet. of the Peace for the district in which it shall or may have been committed, and on &c. conviction thereof, upon the oath of one or more credible witnesses, shall forfeit and pay such penalty, not exceeding fifteen dollars, as to such magistrate shall seem meet, together with the costs, not exceeding ten dollars, of the conviction, such penalty and costs to be recovered in manner hereinafter expressed and provided, in case default shall be made in immediate payment, or in payment thereof at such other time as the convicting Justice of the Peace may direct.

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IV. any person shall enter upon or occupy any lands belonging to or in the possession of any person, without the leave of the proprietor, or person in lawful having possession thereof, it shall be lawful for any paid Justice of the Peace of the district in may be which the offence is committed, upon oath being made before him, charging any such moved from trespasser with having, without any just claim or apparent title, entered upon and ends. occupied, or taken possession of any such land, to summon such trespasser to appear before him, and he is hereby authorized and empowered, on conviction, to cause such trespasser to be removed from the possession of the said land, and to inflict such penalty, not exceeding fleen dollars, upon such offender, as to him shall seem meet, together with the costs, not exceeding ten dollars, of conviction; such penalty and costs, in default of immediate payment, or of such other payment as the convicting Justice of the Peace may direct, to be recovered in manner hereinafter provided.

V. If any person shall think himself aggrieved by any determination or adjudication of any paid Justice of the Peace, under the provisions of this Act, he may appeal from grieved may

the payment of the tugies such to the Supreme Court, upon depositing, or giving security for any whatever penalty and costs adjudicated, and a farther sum not exceeding fifteen dollars,

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