CO885-(2-3) — Page 461

PUBLIC RECORD OFFICE

Reference :-

C.O. 8

885

PUBLIC RECORD OFFICE. LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

WEST INDIAN COLONIES.

46

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

or if the owner shall not be ascertained within seven days from the day of such sale, then such surplus shall be paid into the treasury, on the public account; and if the animal so impounded cannot be identified as particular property, the party impounding shall affix such notice as aforesaid at least seven days before the sale thereof, and shall, in such notice, accurately describe such auimal, and state the time and place of impound- ing the same, and the period and place of such intended sale, and the surplus proceeds, if any, of such sale, after making the deduction aforesaid, shall be placed into the treasury, and if such surplus shall not be claimed by the owner within thirty days the same shall be applied to the credit of the public: Provided always, that if any pro- prietor, possessor, or person, in charge of any plantation, estate, or other land, shall fail to provide sufficient food and water for any animal so impounded, or shall fail to give notice, if notice be practicable, of such impounding, he shall, on conviction thereof before the police magistrate, be subject to a penalty not exceeding ten pounds, and on non- payment thereof to be imprisoned in the common gaol for any period not exceeding thirty days.

9. Any person who shall illegally impound, or illegally capture, for the purpose of impounding any animal as aforesaid, shall, ou conviction thereof before the police magistrate, be liable to a penalty not exceeding five pounds, and on non-payment thereof to be imprisoned in the common gaol for any period not exceeding thirty days; and it shall be lawful for such magistrate to award the penalty imposed upon such offender to be paid to the owner of the animal so illegally impounded or captured, and in the event of the non-payment of the penalty so imposed to order and direct the release of any animal so impounded, upon payment by the owner thereof to the pound- keeper of any expense which shall have been incurred for securing and feeding the same. 10. Any person who shall rescue or attempt to rescue any animal impounded or about to be impounded under the authority of this Act, shall, on the conviction thereof before the police magistrate, be liable to a penalty of not more than five pounds, and in default of payment shall be committed to the common gaol, with or without hard labour, for any period not exceeding thirty days, and the police magistrate may also award to the party aggrieved a sum equal to the aggregate sum which he would have been entitled to receive upon the release of such animals, and upon nou-payment thereof, the party so offending shall be committed to the common gaol, with or without hard labour, for any period not exceeding thirty days.

11. Any proprietor, possessor, or person in charge of any plantation, estate, or other land, who shall consider the fines hereinbefore authorized an inadequate compensation for damages sustained, and shall not claim a sum exceeding ten pounds in respect to the damage committed, may prefer his complaint to the police magistrate within ten days, who is hereby authorized to adjudicate upon such complaint in the manner of any other complaint under the " Act to facilitate the performance of the duties of Justices of the Peace with respect to summary convictions and orders." And the police magistrate may award any sum, by way of compensation, not exceeding ten pounds to the party aggrieved, besides costs, and in default of payment it shall be lawful for the magistrate to commit the offender to the common gaol for any period not exceeding three months.

12. It shall be lawful for any proprietor, possessor, or person in charge of any planta- tion, estate, or other land to shoot or otherwise destroy, any goat, swine, dog, or feathered stock, such feathered stock being on cultivated laud, and which shall be found trespassing upon any such plantation, estate, or other land, and if upon such shooting or destroying the goat, swine, dog, or feathered stock, shot or otherwise destroyed, shall be identified as particular property, notice in writing of such shooting or destroying shall be given by the proprietor or possessor of land or his agent to the owner of the animal or stock shot or destroyed within twelve hours of such identification, and for the omission of such notice, such proprietor, possessor, or agent shall upon conviction thereof before the police magistrate be liable to a penalty not exceeding two pounds, and if the owner of such animal or stock shall not remove the same within twelve ours after the receipt of such notice, or if the property cannot be identified, the same shall be considered as aban- doned, and be deemed the property of the party aggrieved.

13. The party aggrieved by the trespass of any animal or stock in the last section mentioned, may instead of shooting or destroying any such animal or stock prefer his com plaint to the police magistrate who shall adjudicate thereon, as in the case of a com- plaint preferred under the "Act to facilitate the performance of the duties of Justices of the Peace with respect to summary convictions and orders," and the police magistrate may award to the party aggrieved any sum not exceeding ten pounds, besides costs, to be recovered as in the case of compensation of costs awarded in malicious injuries to

AND ALSO AS TO PRESERVATION OF GAME.

47

property, and in default of payment it shall be lawful for the police magistrate to commit the offender to the common gaol for any period not exceeding three months.

WEAT

INDIAN

COLONIES.

14. All fines and penalties, other than money payable to the party aggrieved or specially appropriated under this Act, shall be payable to Her Majesty, Her Heirs and Successors, for the use of the Colony.

15. It shall be lawful for any two magistrates to do any act by this Act directed to be done by the police magistrate.

16. All sums of money made payable by virtue of this Act shall be deemed and taken to mean sterling money of Great Britain.

17. The Act entitled "An Act for the more effectual prevention of trespasses and "damages committed by hogs and goats in the cultivated lands of the said Island;" the Act entitled" An Act to repeal the Act entitled, 'An Act how trespasses shall be inquired "into and satisfied, and to make provision for the better prevention and punishment of "petty trespasses, and for obtaining remuneration for damages occasioned thereby ;' an Act entitled "An Act to regulate the impounding of stock, to provide for the appoint- "ment of pound-keepers in the several parishes of this Island, and to make further "provision for the prevention and punishment of trespasses by stock," shall be and the same are hereby repealed, except as to any trespass committed belore the passing of this Act, which shall be dealt with as if this Act had not been passed.

EDWARD MAYNARD, Speaker. Passed the House of Assembly, this fourth day of May, One thousand eight hundred and sixty-five.

C. C. CAINES, Clerk of Assembly. Passed the Board of Council, this twentieth day of July, One thousand eight hundred and sixty-five.

B. C. CAINES (Pro Secretary). Published this fifth day of September, One thousand eight hundred and sixty-five.

B. C. CAINES, Provost-Marshal.

JAS. W. SHERIFF,

Preamble:

(Signed)

No. 100.

23 VICTORIA.

President.

As ACT to provide summary Redress in cases of Minor Trespasses.

1. Trespasses committed on lands may be heard and determined by any two Justices of the Peace. Penalty, on summary conviction, not to exceed two pounds sterling and costs, Proofs that trespasser had notice not to trespass, to be a condition precedent to injury. A painted or printed notice in letters of at least one inch in length, to be a suffi- cient notice if the same were on sume conspicuous part of the premises at the time the Trespass complained against was committed: otherwise complainant must prove that defendant had received either a written or verbal notice to the like effect.

2. Act not to affect the title of proprietors, or the right of persons, for sufficient cause, to pass and repass over private paths.

3. Repeals certain parts of Act No. 51.

WHEREAS the presented unrestricted trespasses by persons passing through plantations and other lands tend greatly to augment the exposure and depredation suffered by agri- culturists and others, and which are irremediable except by action at law in the superior court; and whereas it is highly expedient to give to Justices of the Peace jurisdiction over cases of minor trespasses: Be it therefore enacted, by the officer administering the government, and the Council and Assembly of the same:

1. That in all cases of trespasses committed on lands, tenements, and hereditaments, by any person whomsoever, it shall be lawful for the party or parties aggrieved to prefer his, her, or their complaint before any Justice of the Peace; and such Justice of the Peace is hereby required and authorized to associate with himself another Justice of the Peace; and such Justices, or any other two Justices of the Peace, shall have full power and authority to hear and determine such complaint; and, where no bona fide question of title shall arise in course of proceedings, to award a sum not exceeding forty shillings sterling, and costs, to be paid by any person who may be convicted of committing such