INDIAN
COLONIES.
No 14.
28th Sept., 1870.
No. 14.
ST. VINCENT.
Corr of a DESPATCH from Lieutenant-Governor BERKELEY to
Governor RAWSON, C.B.
Government House, Saint Vincent,
8th October, 1870.
(No. 65.) SIR,
In answer to the Secretary of State's Circular Despatch of the 2nd August, 1 have the honour to transmit a memorandum by the Attorney-General containing the information respecting the laws as to trespass, and stating that no laws exist as to the preservation of game. It appears to me that no observations are necessary in addition to those contained in the enclosure.
I have, &c.,
His Excellency Governor Rawson, C.B.
&c. &c. &c.
(Signed)
GEORGE BERKELEY.
AND ALSO AS TO PRESERVATION OF GAME,
No. 15.
GRENADA. "Not received.]
29
WEST INDIAN COLONIES.
No. 15.
No. 13.
Circular,
2nd August.
1870.
Enclosure in No. 14.
Enclosure.
Enclosure in No. 14.
NOTE on the Circular Letter of the EARL of KIMBERLEY dated 2nd August, 1870.
The general law respecting trespass (on lands) is the same in St. Vincent as in England.
The law as respects costs is regulated by the Imperial statutes 43 Eliz. chap. 6; 22 & 23 Car. II. chap. 9; 8 & 9 Wm. III. chap. 2. The later statutes (of Her present Majesty) do not extend to this Colony.
In addition, the local law provides that persons trespassing on houses or lands after having been requested to depart, or repeating such trespasses after being warned not so to do, shall be liable, on summary conviction before a magistrate, to pay a fine not exceeding two pounds, or to imprisonment not exceeding one month (Act No. 320,
76, Act 920. sect. 76).
Preamble.
of persons com
though no
A local Act also regulates the law respecting damage done to lands by the trespass of animals (Act No. 148).
There are no laws in force in this Colony for the preservationof game
I assume (from the terms of the Circular) that it was not intended to inquire into the law of trespass as it affects the person or goods of another.
St. Vincent, 28th September, 1870.
[A true copy,]
(Signed)
(Signed)
J. CHOPPIN,
Attorney-General. EDWARD LABORDE, Colonial Secretary.
Act No 320, Section 76.
76. And whereas, it sometimes happens that illegal, annoying, offensive and aggra- vating petty trespasses are committed tending to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, and for which no other remedy exists Punishment than an action at law; Be it enacted, that if any person shall commit any trespass by mitting petly entering the house, room, lodging, land, or premises of any other person, and shall tromal continue therein or thereon after having been requested to depart, or shall repeat such special gen- trespass after being warned not so to do, every such person being convicted thereof shall sible damage he deemed guilty of a petty offence, and shall pay a fine not exceeding the sum of two raitted. pounds, or be imprisoned for any time not exceeding one month, or pay such fine and be so imprisoned, although no special or sensible damage may be committed by such person so trespassing as aforesaid: Provided always, that nothing herein contained shall authorise any two or more Justices of the Peace to hear, try, and determine any case of petty trespass in which any question shall arise as to the title of any lands, tenergents, or hereditaments, or any interest therein or accruing therefrom, or any execution under the process of any court of justice.
may be coKU-
Proviso.
A to cases
in which any
question of
title skull
arise.
NOTE.-Act No. 148 not to be had in single (or separate) copies. It is to be found in the bound volume of the Laws of St. Vincent lodged at the Colonial Office in 1863.
(No. 41.)
SIR,
No. 16.
TOBAGO.
Governor RAWSON, C.B.
Government House, Tobago,
Copy of a DESPATCH from Lieutenant-Governor KORTRIght to
15th October, 1870. In compliance with the commands of the Secretary of State, I have the honour
to transmit herewith two Acts at present in force in this Colony with respect to trespass.
The Act assented to in 1835 relates only to trespasses committed by animals. There are in my opinion several objections to the Act.
The power to impound on private grounds appears to me to be open to much abuse. I believe that animals taken up for trespass are rarely supplied with food and water, and I think the fees that can be demanded far too high-namely, four shillings for the trespass of a horse, a head of horned cattle, a mule or an ass; and in addition, one shilling and sixpence for every twenty-four hours they may remain impounded. A lesser rate is chargeable for sheep. Goats and pigs may be destroyed.
The obstacle I see to the establishment of public pounds is that, unless very numerous, there would be danger of injury to stock by their being over-driven long distances. It would, I believe, be wise to reduce considerably the sum that may at present be claimed for trespass, and to have any actual damage assessed and paid for. I have not the slightest doubt that very frequently stock are removed from their owners' lands for the purpose of exacting the fee. A measure was before the House of Assembly last session for amending the Act, but the session closed before it could be printed. The other Act, 17 Vic. cap. 3, applies, I believe, only to trespasses committed by individuals. I have no remarks to make respecting this law.
There are no laws in this Colony relating to the preservation of game.
His Excellency Governor Rawson, C.B.
&c.
&c.
&c.
I have, &c.,
(Signed)
C. H. KORTRIGHT.
Enclosures in No. 16.
TOBAGO.
AN ACT for the prevention of Trespasses in the said Island. WHEREAS the Act entitled, "An Act for regulating Trespasses," and which was revived by an Act of the Legislature of this island, passed on or about the fifteenth day of March, One thousand seven hundred and ninety-four; and also the Act entitled, "An "Act to alter and amend an Act for regulating Trespasses," passed on or about the nineteenth day of July, One thousand eight hundred and fifteen; and also the Act
PUBLIC RECORD OFFICE
Reference :-
LTC.O.885
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Enclosure in No. 10.
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