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lawful to keep cattle seized as strays penned or tied up, shall be No. 9. computed clear and distinct from any Sunday which may intervene Act 4 Vic. between the seizure of such strays and the giving the notices by this Act required to be given.
VIII. That it shall be the duty of the keeper of every pound Duty of Pound established under this Act, within twenty-four hours after any keepers. cattle shall have been placed in any such pound, to give notice thereof to a Justice of the Peace, under a penalty of Ten shillings for each and every neglect.
IX. That upon any such notice as aforesaid being given to When Justices Justice of the Peace as aforesaid, such Justice shall, within forty- shall proceed eight hours thereafter proceed to adjudicate on the case ; and if to adjudicate. the owner of any cattle impounded shall not be known, it shall be lawful for such Justice to order such cattle to be sold at public sale, giving notice in the most public manner for at least seven days of such intended sale, and the proceeds of such sale shall be applied in liquidating all poundage fees and expenses, and in satisfying the damages sustained by any party aggrieved ; and the overplus, if any, shall be then paid into the public treasury of these islands, to be applied (if not demanded, and proof of the property made within twelve months) towards the support of Her Majesty's Government within these islands.
X. Repealed by 10 Vic. c. 13.
XI. This and the following clauses, as far as the XVIIth inclusive, are repealed by Ord. No. 16, 1860. · XVIII. That from and after the passing of this Act it shall not Fines, how be lawful for any person or persons to suffer or permit any stallion recovered and to be at large in any public road, highway, or street, or on any
applied. public parade or common within these islands, under a penalty for every such offence, on due conviction thereof, of any sum not exceeding two pounds; and that all fines and penalties shall, except when otherwise directed, be sued for and recovered before any one of Her Majesty's Justices of the Peace for these islands in the same and the like manner as petty debts can be now sued for and recovered, and shall, except when otherwise directed, be paid, one half to the use of Her Majesty, her heirs, and successors, and the other half to the informer or person suing for the same.
XIX. Any person or persons sued for anything done in pursu- Persons sued ance of this Act may plead the general issue, and give this Act and may plead the the special matter in evidence, and on verdict for defendant, non- general issue. suit of plaintiff, or discontinuance of action, shall be entitled to double costs.
XX. That the following fees of poundage shall and may be law- Pourdage fees. fully demanded, and received by the several persons entitled to fees of poundage under this Act, viz.: For every horse, mure, gelding, mule, ass, bull, cow, steer, heifer, calf, sheep, lamb, goat, kid, hog, or pig, impounded, ninepence : and, in addition, for every day they may remain in such pound, threepence : and, for supplying them with food, sixpence halfpenny.
XXI. That the word “cattle,” in this Act, shall be held to Interpretation comprise each and every of the description of animals enumerated of the words
“ Cattle” and in the next preceding Section, and the word “land” shall be held
“ Land.” to comprise not only lands used for agricultural purposes, but town lots and allotments, being parts or parcels of salt ponds. XXII. That in all cases of summary conviction or adjudication
No. 9. under this Act, any person who shall think himself or herself Act 4 Vic. aggrieved by any such conviction or adjudication, may appeal to
the Supreme Court at Turks Islands: Provided that such person
shall give to the complainant a notice in writing, or a verbal appeal to the
notice in the presence of a magistrate, of such appeal, and the cause Supreme Court, and matter thereof within ten days after such conviction or adjudi
cation, and shall also either remain in custody until the meeting of the Court (if such Court shall not then be sitting), or enter into a recognizance with two sufficient sureties before a Justice of the Peace, conditioned personally to appear at the said Court to try such appeal, and to abide the judgment of the Court thereupon, and to pay such costs as shall be by such Court awarded : and upon such notice being given, and such recognizance being entered into, the Justice before whom the same shall be entered into shall abstain from carrying his judgment into execution; and the said Court aforesaid shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the Court shall seem meet, and shall, if necessary, issue
process for enforcing such judgment.
XXIII. Suspends 3 Geo. 2, ch. 5; 15 Geo. 2, ch. 1; 56 Geo. 3, ch. 10; 9th Sec. 4 Wm. 4, ch. 4; 6 Sec. 6 Wm. 4, ch. 13; and 22, 23, and 24 Sec. 2 Vic. ch. 2.
XXIV. Act to come into operation on the thirty-first of March, 1841, and continue in force for five years, and from thence to the end of the then next Session of Assembly.*
No. 10.–11 Vic. ch. 8. An Act to amend 4 Vic. ch. 11. (March Act 11 Vic.
22nd, 1848.) PREAMBLE, HEREAS great inconvenience is experienced in some parts
of this colony, from hogs, pigs, and goats being allowed to Penalty on
run at large; May it, &c., That it shall not be lawful for the owner owners of pigs of any hog, pig, or goat, to permit the same to be at large in any allowing them
public road, street, or highway, or upon any unenclosed ground, to run at large. within the limits of any town within the islands, to which this Act
shall extend as hereinafter mentioned, under a penalty of five shillings for each offence, and every hog, pig, or goat found at large, shall be forthwith taken up and impounded, and there kept until the aforesaid penalty, and all proper costs and charges, shall be paid, or until such hog, pig, or goat shall be sold in manner
hereinafter described. Hogs im
II. That if any hog, pig, or goat impounded under the authority pounded and
of this Act, shall not be claimed within three days after the same how dealt with. shall have been so impounded, or being claimed, the penalty afore
said, with the costs and charges, shall not be paid within such time by the person or persons claiming such hog, pig, or goat, it shall be lawful for any magistrate of the district to order the sale of such hog, pig, or goat, and the proceeds of such sale shall, after deducting the expenses of sale and other incidental expenses, be paid into the public treasury, and such payment shall, whether exceeding or failing short of the penalty by this Act imposed, be in lieu and stead thereof.
* Continued for ten years from 26th February, 1846, by Act 10 Vic. c. 13; and further by Ord. 10, 1851, and Ord. 2, 1857, for five years from 6th November, 1857.
III. That this Act shall extend to all towns now existing, or
No. 10. hereafter to be laid out in any part of this colony, New Providence Act 11 Vic. and Harbour Island excepted, and that for the purposes of this Act, it shall be lawful for the Magistrates of the district, at any meeting
Act to extend convened for such purpose, to define the limits of such towns re- to all towns spectively, and it shall be the duty of such Magistrates, immedi- except at New ately after they shall have so defined the limits of any town, to give Providence public notice thereof, by affixing written notices at at least three and Harbour
Island. different places within the limits defined by them; and this Act shall come into force in every such town upon the seventh day after the limits of such town shall have been defined, and notice thereof given in manner aforesaid.
IV. Act to continue in force during the continuance of the Duration. 4 Vic, ch. 11.*
V. That for the purposes of this Act, the person having the Who deemed charge or custody of any hog, pig, or goat, shall be deemed the owner of pigs. owner thereof.
VI. Repealed a part of 2 Vic. ch. 2, which Act has since expired.
No. 11.-ORDINANCE No. 16 of 1860.
Ord. No. 16, An Ordinance to amend the Laws of the Bahamas extended to these 1860.
islands, relative to Damages done by Cattle running loose, and
Confirmed 17th October, 1860.)
Vic. ch. 8, extended to these islands, and referring to damages done by cattle running at large, require amendment; May it, &c., If damage That no person claiming compensation for damage or trespass done by cattle, done by cattle running at large, shall be entitled to such compen
owner of land
cannot recover sation unless such person can show to the satisfaction of the Jus
unless land is tice, that the land upon which the trespass is alleged to have been enclosed. committed is enclosed with a sufficient wall or fence, at least five feet high ; and the Justice before whom any such complaint shall be preferred shall not hear the same until the party complaining shall have applied to the owner of the cattle so trespassing (if known) for redress without success.
II. That if any hog or pig be found in the public wells at Grand Penalty for Turk, Salt Cay, or Cockburn Harbour, the owner thereof shall be hogs, &c., liable to a penalty of five shillings for each offence; and any person going at large; may seize and impound any such hog or pig, and for his trouble getting into the
public wells. shall be entitled to half the above-named penalty, to be paid him whether such hog or pig be claimed by the owner or not: Provided that such sum be realized by the sale of such-hog or pig, over and above the legal expenses incurred; and if otherwise, then he shall be entitled to the surplus after such expenses are paid ; and all other proceedings in such cases shall be in accordance with the provisions of the said Act 11 Vic. ch. 8.
III. That the following clauses of the Act 4 Vic. ch. 11, be and
* See note in preceding page.
No. 11. they are hereby repealed, to wit, Sections 11, 12, 13, 14, 15, 16, Ord. No. 16, and 17. 1860. IV. That this Ordinance shall continue in force so long as the
Act to which it is an amendment shall remain in force.
SIXTH DIVISION.-CRUELTY TO ANIMALS.
ment to be in force in these Islands; and amongst them the
1841.) HEREAS it is expedient to prevent the cruel and improper
treatment of horses, mares, geldings, mules, asses, COWS, heifers, steers, oxen, sheep, and other cattle ; May it, &c., That if any person or persons shall, wantonly and cruelly beat, abuse, or ill-treat any horse, mare, gelding, mule, ass, ox, cow, heifer, steer, sheep, or other cattle, and complaint on oath thereof be made to any Justice of the Peace or other Magistrate, within whose jurisdiction such offence shall be committed, it shall be lawful for such Justice of the Peace, or other Magistrate, to issue his summons or warrant, at his discretion, to bring the party or parties so complained of before him, or any other Justice of the Peace, or other Magistrate of the county, city, or place within which such Justice of the Peace or other Magistrate has jurisdiction, who shall examine, upon oath, any witness or witnesses, who shall appear, or be produced to give information touching such offence (which oath the said Justice of the Peace, or other Magistrate, is hereby authorized and required to administer); and if the party or parties accused shall be convicted of any such offence, either by his, her, or their own confession, or upon such information as aforesaid, he, she, or they, so convicted, shall forfeit and pay any sum not exceeding Five pounds nor less than Ten shillings to His Majesty, his heirs, and successors; and if the person or persons so convicted shall refuse, or not be able forthwith to pay the sum forfeited, every such offender shall, by warrant under the hand and seal of some Justice or Justices of the Peace, or other Magistrate within whose jurisdiction the person offending shall be convicted, be committed to the house of correction or some other prison within the jurisdiction within which the offence shall have been committed, there to be kept, without bail or mainprise, for any time not esceeding three months.
II. That no person shall suffer any punishment, for any offence committed against this Act, unless the prosecution for the same be commenced within ten days after the offence shall be committed, and that when any person shall suffer imprisonment pursuant to this Act, for any offence contrary thereto, in default of payment of any penalty hereby imposed, such person shall not be liable afterwards to any such penalty.
III. That no order or proceedings to be made or had, by or before
any Justice of the Peace, or other Magistrate, by virtue of
Proceedings not to be quashed for want of form.
this Act, shall be quashed or vacated for want of form; and that
No. 12. the order of such Justice or other Magistrate shall be final, and Act 4 Vic. that no proceedings of any such Justice, or other Magistrate, in c. 30, pursuance of this Act, shall be removable by certiorari or other extending wise.
Act 3 G. 4, IV. And for the more easy and speedy conviction of offenders under this Act; Be it, &c., That all and every the Justice and
Form of conJustices of the Peace, or other Magistrate or Magistrates before whom any person or persons shall be convicted of any offence against this Act, shall, and may cause the conviction to be drawn up in the following form of words, or in any other form of words, to the same effect, as the case shall happen : Be it remembered, that on the
day of in the year of Our Lord
A. B. is convicted before me, one of His Majesty's Justices of the Peace for Mayor, or other Magistrates of
(as the case may be), either by his own confession, or on the oath of one or more credible witness or witnesses (as the case may be) by virtue of an Act, made in the third year of the reign of His Majesty, King George the Fourth, entitled, "An Act to prevent the cruel and improper treatment of cattle," (specifying the offence, and time and place where the same was committed, as the case may be). Given under my hand and seal, the day and year above written.
V. That if, on the hearing any such complaint, as is hereinbe- Remedy fore mentioned, the Justice of the Peace, or other Magistrate, who against frivo
lous and vexashall hear the same, shall be 'of opinion that such complaint was frivolous, or vexatious, then, and in every such case, it shall be plaints. lawful for such Justice of the Peace, or other Magistrate, to order, adjudge, and direct the person or persons making such complaint, to pay to the party complained of, any sum of money not exceeding the sum of Twenty shillings, as compensation for the trouble and expense to which such party may have been put to by such complaint, such order or adjudgment to be final between the said parties, and the sum thereby ordered or adjudged to be paid and levied, in manner as is hereinbefore provided for enforcing payment of the sums of money to be forfeited by the persons convicted of the offence hereinbefore mentioned.
VI. That if any action or suit shall be brought or commenced When actions against any person or persons, for anything done, in pursuance of are to be comthis Act, it shall be brought or commenced within six calendar menced, months next after every such cause of action shall have accrued, and not afterwards, and shall be brought, laid, and tried, in the county, city, or place in which such offence shall have been committed, and not elsewhere; and the defendant or defendants, in such action or suit, may plead the general issue, and give this Act and the special matter in evidence, at any trial or trials to be bad thereon; and that the same was done in pursuance, and by authority of this Act; and if the same shall appear to have been so done, or if any such action or suit shall not be commenced within the time before limited, or shall be laid or brought in any other country, city, or place than where the offence shall have been committed, then, and in any such case, the jury or juries shall find for the defendant or defendants; or if the plaintiff or plaintiffs shall become nonsuit, or shall discontinue his action or actions; or if judgment shall be given for the defendant or defendants therein,