CO885-(2-3) — Page 454

PUBLIC RECORD OFFICE

Reference -

LITICO.885

PUBLIC RECORD OFFICE, LONDON

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

WEST

32

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

chattels of the defaulter by warrant of distress, under the hand and seal of any Justice of the Pence of the said island, and when not otherwise directed, shall be paid into the COLONIES. public treasury of the said island, for the uses of the colony.

INDIAN

this Act how

to be ro- covered.

magistrates

cases of tres-

&c., for dam-

nges nut er-

Passed the House of General Assembly, this 13th day of November, 1834.

JAMES NICHOLSON,

Clerk of the Assembly.

JAMES JOHNSTON,

Speaker of the House of General Assembly.

Passed the Board of Legislative Council, this 27th day of November, 1834.

W. T NICHOLSON, President of the Legislative Council.

JOHN THORNTON,

Clerk of the Council.

By order of his Excellency the Governor-in-Chief, conveyed to me in his Despatch of 16th instant, I assent to this Bill.

Tobago, 26th January, 1835.

Lieutenant-Governor.

HENRY C. DARLING,

Duly proclaimed by me, this 26th January, 1835.

C. I. LEPLASTRIER,

Dep. Pro. Marshal-Genera),

God save the King.

TOBAGO.

17 VICTORIA, CAP. 3.

An Act to afford Summary Redress in cases of Minor Trespass, WHEREAS, it is deemed expedient to give the Police Magistrates and Justices of the Peace Jurisdiction in cases of Minor Trespass where the damages do not exceed the sum of Forty shillings, Be it therefore enacted by the Governor, Council, and General Assembly of Tobago and its dependencies, that in all cases of Trespass committed on lands, tené- ments, or hereditaments, if the party or parties aggrieved shall claim damages not exceeding the sum of Forty shillings, and no question of title to lands shall arise in the course of the proceedings, it shall and may be lawful for the party aggrieved to prefer his, her, or their complaint before any Police Magistrate, or Justice of the Peace, who shall reside in the district in which such trespass shall have been committed; and such Juris liction Police Magistrate, or Justice of the Peace, in this island shall have full power and given to po authority for hearing and determining such complaint, and to award a sum not exceeding and Justion of Forty shillings and costs to be paid by the party committing such trespass or trespasses the Pence in to the party or partics aggrieved, and in the event of the non-payment of the award and pa on lands, costs the Police Magistrate, or Justice of the Peace hearing and determining such com- plaint, is hereby authorized and empowered forthwith to issue an execution under his hand and seal, to be directed to a chief constable, and the same proceedings shall be had thereunder for levying and raising the sums therein directed to be levied and raised, as if such execution had issued from the Court of Common Pleas of this island: Provided, nevertheless, that every such Chief Constable shall sell all goods and chattels by him levied upon within five days after the levy thereof, and lands and tenements within twenty days after such levy thereon, public notice in each case being first given of the day of sale by posting a written notice, or notices thereof, on some conspicuous place, or places, in the town or parish where any such levy shall have been made, any law, statute, or usage to the contrary thereof in any wise notwithstanding, and that no person or persons whomsoever who shall be committed to prison under and by virtue of any execution issued under the authority of this Act shall be kept or continued in custody for any longer space of time from the time of his or their commitment to prison than twenty days: Provided also, that any party proceeding under this Act shall be harred thereby from proceeding for the same trespass by an action at law, and this Act may be pleaded in bar, and given in evidence to any such action, and provided also, that any time of the any execution under the authority of this Act shall and may be executed and levied at

time of the year.

reeling 101.

Provian.

Provin

Provian. Execution at

FLAT.

any

2. And be it enacted, that the following docket of tees shall be, and the same is hereby established as the amount which the several Police Magistrates, Justices of the

AND ALSO AS TO PRESERVATION OF GAME.

33

Pence, and Chief Constables acting under this Act, shall be respectively entitled to demand and receive from all and every persons and person complaining under this Act (that is to say):

WEST

INDIAN COLONIES.

Establishes

The Police Magistrate, or Justices of the Peace, for every

information or Affidavit

Jocket of food.

Two shillings.

The Police Magistrate, or Justices of the Peace, for every

One Shilling.

summons

The Police Magistrate, or Justices of the Peace, for every

Two shillings.

warrant

The Police Magistrate, or Justices of the Peace, for every

execution

The chief constable for serving any summons, if at a distance of one mile, and not more than three miles from the place of residence, or business, of such chief constable

For every additional mile

..

For executing warrant, if a distance of one mile, and not more

Four shillings.

One shilling.

Four pence.

than three miles from the place of residence, or business, of Two shillings. such chief constable

For every additional mile

For levying and execution, whether property levied on be sold

or not..

Eor keeping personal property in custody for each day

For feeding any live stock levied on for each day

Six pence.

Ten shillings.

One shilling. Eight pence.

Any person proving hin

3. And be it enacted, that if any person against whom any such complaint shall have been preferred for any such trespass shall have obtained a certificate of not guilty, or self to be not justification, or having been convicted shall have paid the whole sum, and costs, awarded guilty or pay

Ing the fine to be paid under such conviction, or shall have satisfied the execution issued for non- upon convic- payment thereof in every such case, he shall be released from all further or other pro- tion, to be re ceedings, civil or criminal, for the same cause.

leased from all further pro

to pass

4. And be it further enacted, that this Act shall not interfere with, or be construed to ceeding

Not to in- affect the rights of any person or persons to pass or repass orderly and quietly through terfere with and along the customary path leading from the public highways to the villages or rights of per cottages adjacent. Provided nevertheless, that nothing contained in this Act shall be through the deemed to affect the title or freehold of any proprietor, or proprietors, in any such path:

path leading Provided also, that this Act shall not be deemed or construed to give to any person or to the villages persons any right of way to which such persou or persons would not be entitled if this Act had not passed.

customary

Proviso..

I'roviso.

Not to in

Parliament.

5. And be it enacted, that nothing in this Act contained shall be construed to interfere terfere with with or prevent the operation of an Act of the Imperial Parliament, passed in the sixth certain Acts of year of the reign of His late Majesty King William the Fourth, entitled "An Act to the Imperial "make Provision for the better Administration of Justice in certain of His Majesty's "West India Colonies," or to interfere with or prevent the operation of a certain other Act of the said Parliament, passed in the thirteenth year of the reign of Her present Majesty, and entitled, "An Act to authorize the Establishment of Courts of Appeal for "certain of Her Majesty's West India Colonies," or in any manner or wise to abridge, affect the rights, powers, and authorities vested in Her Majesty by such Acts, or either 6. And be it enacted, that each of the three divisions into which the said island is divided, under an Act entitled “ An Act to divide the said Island of Tobago into three bedeemed and "Benefices, or Cures, and to provide a Support for the Clergy of the said Island," shall district within the meaning of be deemed and taken to be a district within the meaning and for the purposes of this Act. this Act.

Passed the Board of Legislative Council this 1st day of April, 1853.

of them.

ALBERT ÁLLOM,

Acting Clerk of Council.

EDWARD D. SANDERSON, President of the Legislative Council.

Passed the House of General Assembly this 26th day of April, 1853.

FRED. C. KEENS,

Clerk of Assembly.

Tobago, 25th Jane, 1853.

R. DOUGLAS,

Speaker of the House of General Assembly.

F

What shall

taken to be a