s. . ion na ar to be determined in respect of deposit or security and amount by the said paid Justice of the Peace, to abide the result of the appeal; but such appeal and deposit must be made within one week from the date of the said adjudication and determination; and such appeal shall be heard, if possible, at the first ensuing monthly Court for hearing appeals, and the Appellate Judge may either send back the case for re-adjudication or originate and enforce in a summary manner his own judgment thereon, and direct such costs as may be proper, not exceeding fifty dollars. VI. The penalties, or any of them, which are or may be recovered under this Act, shall be paid into the public chest. VII. On any complaint being made, and information upon oath laid, concerning any thoffence under this Act, by any credible witness or informer, before any paid Justice of be the Peace of the town or district in which the offence shall be alleged to have been ing committed, it shall be lawful for such paid Justice of the Peace to require the person ay charged with such offence, by summons under his hand, to appear before him at a certain time and place, to be named in such summons, to answer such charge; and if any such person shall not appear, the paid Justice of the Peace may issue his warrant, under his hand, for the apprehension of the alleged offender. on nd of VIII. All penalties and costs imposed by the authority or under the provisions of this Act, shall be recovered in a summary manner by distress and sale of the offender's goods and chattels, by warrant of distress under the hand of the convicting Justice of the Peace; and in default of any goods and chattels whereon to levy, then it shall be lawful for such convicting Justice of the Peace to commit the offender to the nearest gaol for any space of time not exceeding thirty days, as such Justice of the Peace may direct, or until such penalty and costs be fully paid and satisfied. of IX. When any conviction, warrant, or order shall be made, issued, or directed, under nd or by the authority of this Act, such conviction, warrant, or order shall be drawn up in manner and according to the form or forms set forth in the schedule to the Act passed by the Imperial Parliament in the twelfth year of Her Majesty's reign, entitled, "An Act to facilitate the Performance of the Duties of Justices of the Peace, out of Sessions, in England and Wales, with respect to summary convictions and orders." X. In the construction of this Act, in cases where the singular number only is used, it shall be held and deemed as applicable to the plural and to several persons as well as to one person; when the masculine gender is used it shall be held and deemed as applicable to the feminine gender, as well as to the masculine; when the words proprietor or occupier, or either of them, is used, it shall be held to include and be applicable to tenants, lessees, procuration-attorneys and agents, as well as to proprietors or occupiers. XI. Nothing contained in this Act shall be deemed or construed to take away or lessen any existing rights of the owners of cattle, by themselves or their servants, to pass on foot or on horseback on any unenclosed lands in search and pursuit of their cattle; or any existing right of persons to pass in and over such lands in pursuit of animals feræ naturae; or any right of legally qualified surveyors, their labourers and servants, in the discharge of their professional duties, after having given the usual notice of intention to run lines or define boundaries; or any practice or right of persons, bonâ fide travellers, to encamp on the banks of rivers and lagoons, and remain there for limited periods: provided, that no such encampment shall take place on enclosed or cultivated lands. XII. In citing this Act, it shall be sufficient to use the words, "The Trespass "Prevention Act.' 26 VICTORIA, Cap. 6. AN ACT for the Punishment and more effectual Repression of wilful Trespasses on WHEREAS it is desirable to prevent trespasses on personal property whereby the owners Be it therefore enacted by the Lieutenant-Governor, with the advice and consent of the Legislative Assembly, as follows: I. In this Act the word "beast" shall include any horse, mare, colt, filly, pony, d gelding, ass, mule, ox, and steer, and any other beast of draught or burden; and the word "bo the term " right to p II. It sl or person possession be guilty Peace, or t to be impr determine, III. The Act shall, i unlawful t prosecution IV. It sh such beast him guilty such convic gaol, with and the jur shall ascert the Clerk C damage so officer of th V. Any without ha his paying for damage Justices, or as shall hav of the Supr VI. Any aggrieved; the public t VII. It s prerogative that the dan but such pa any action f 66 'boat" shall include creaus, sloops, doreys, pitpans, and other small craft, and m possession" shall include a constructive as well as actual possession, and the o possession. WEST INDIAN COLONIES. boats out sion-an It shall be unlawful for any person, knowingly, without the consent of the owner Taking son in possession of any beast or boat, to take any such beast or boat out of the beasts and sion of such owner or possessor, and any person so taking such beast or boat shall lawful possesIty of an offence, and on summary conviction thereof, by one paid Justice of the or two other Justices of the Peace, shall be committed to the common gaol, there mprisoned with or without hard labour, as the convicting Justice or Justices shall ine, for any period not exceeding six calendar months. offence, pun on ishable summary con- out hard labour. Convicting Justice to as sess the damages and costs, amounts in On trial for jury may ac The Justice or Justices before whom any person shall be convicted under this all, in every case, ascertain and assess the amount of damage occasioned by the ful trespass, and of the costs incurred by the party aggrieved in and about the ution and conviction, and insert both amounts in the warrant of commitment. It shall be lawful for the jury on the trial of any person for the larceny of any and insert beast or boat, to acquit the person charged therewith of the felony, and to find the warrant of. uilty of the offence of unlawful trespass hereby constituted, and for the Court, upon commitment. onviction, to adjudge the person so convicted to be imprisoned in the common larceny of vith or without hard labour, for any period not exceeding six calendar months; beast or boat he jury, on convicting any one of the offence of unlawful trespass under this Act, quit of felony, ascertain and assess the damage thereby occasioned to the person aggrieved, and and find the erk of the Court shall insert in the record of such conviction the amount of of the offence ge so assessed, and the amount of the costs of prosecution allowed by the taxing of the Court, and state both such amounts in the calendar of sentences. Any person convicted under this Act, and sentenced to imprisonment, with or it hard labour, may and shall be released from custody under such sentence, on ying or causing to be paid to the person in whose custody he shall be such sum mages as shall have been ascertained and assessed by the committing Justice or es, or by the jury, and such further sum for the costs of prosecution and conviction 11 have been allowed by the committing Justice or Justices, or by the taxing officer Supreme Court, as the case may be. Any damages assessed, when received, shall be paid on demand to the person ved; and any costs for the prosecution and conviction received, shall be paid into blic treasury for the use of the Government of this Colony. I. It shall be lawful for the Lieutenant-Governor, in the exercise of the Royal gative of mercy, to pardon any person convicted under this Act, notwithstanding he damages assessed, and costs allowed, or either of them, may not have been paid, ach pardon shall not prejudice any right the party aggrieved may have to bring ction for such trespass. accused guilty of unlawful Damages and costs to be trespass. inserted in record and calendar of stated in sentences. Persons convicted to be released from custody on payment of damages and Damages to be paid to party ag grieved Public Trea Costs, into sury. Öffenders may be par doned altho damages and costs are not paid, but such pardon not to prejudice right of action. y of a DESPATCH from President CAMPBELL to the OFFICER Administering the Government of Jamaica. D. 101.) Government House, Grand Turk, According to instructions contained in Circular Despatch, dated 2nd August, Downing Street, I beg herewith to forward a statement of the Acting Queen's cate as to the laws in force in this Colony as to Trespass. ere are no laws having reference to the Preservation of Game in this Colony. I do not find it necessary to make any observations on the lucid report of the n's Advocate (Acting). Enclosure in No. 8. REPORT on the Laws in force in the Colony of the Turks and Caicos Islands as to Queen's Advocate's Office, Turks Islands, The only laws in force within this colony which give to Justices of the Peace a summary power of punishing Trespasses upon Real or Personal Property, are the Acts of 11 Victoria, cap. 3 (page 190 of the Laws of the Turks and Caicos Islands"). This Act gives jurisdiction to a Justice of the Peace in actions of trespass where the amount of damages claimed does not exceed £5 sterling, and which, in cases of trespass to real property, involve no question of title to the land alleged to have been trespassed on. The provisions regulating these cases of petty trespasses are the same as those contained in the Act making provision for the recovery of small debts in the Colony, 10 Victoria, cap. 20 (page 189 "Laws of the Turks and Caicos Islands"). 2. The next Act which confers a like summary power upon Justices of the Peace in cases of damage to real or personal property is the Act 5 William 4, cap. 10, sects. 12, 13, 14, 17, 18-29 ("Laws of the Turks and Caicos Islands," pages 202-206). This Act is entitled "An Act for the more effectual punishment of persons committing "malicious injuries to property," and the sections not cited refer to proceedings of a higher nature and to offences exclusively within the jurisdiction of the Supreme Court of the Colony, such as maliciously firing of woods, destroying churches, chapels, buildings, fire-engines, machinery, vessels, horses, cattle, &c. To all of which offences the English Statute Law as adapted to the Colony applies. The civil action of trespass as existing in England, either for damage to real or personal property, is followed in this Colony whenever the case falls within the jurisdiction of the Supreme Court, which extends from £5 upwards. 3. The 28th and 29th sections of the "Bahama Act," 2 Victoria, cap. 5, provide for the unlawful killing or taking of pigeons and house doves, rendering the offender liable to pay £2 over and above the value of the bird; and for fish and turtle kept in private crawls or ponds the payment of a sum not exceeding £15, or three months imprisonment, with or without hard labour, at the discretion of the Justices (" Laws of the Turks and Caicos Islands," p. 219). 4. The Act, 9 Victoria, cap. 12 ("Laws of the Turks and Caicos Islands," pp. 283, 284), provides for the punishment by imprisonment with hard labour of any person being found on private lands between sunset and sunrise without being able to give a lawful excuse therefor. 5. There are no laws for the Preservation of Game, as it is only occasionally a few sand-pipers and plovers visit the Turks Islands. At certain portions of the Caicos Islands, however, wild fowl abound. Submitted respectfully by President Campbell, (Signed) &c. &c. &c. JOHN ARTHUR. No. 9. BRITISH GUIANA. COPY of a DESPATCH from Governor SCOTT to the EARL of KIMBERLEY. (No. 110.) MY LORD, Government House, Georgetown, I have the honour to acknowledge your Lordship's Circular Despatch of the 2nd ultimo, requesting me to furnish copies of any enactments in force in this Colony relating to Trespass, and also to the Preservation of Game. 2. I find that there is only one Ordinance in force in this Colony relating to Trespass, enacted as far back as the year 1850, and of which I beg to enclose a manuscript copy. 3. There are no Ordinances relating to the Preservation of Game. I have, &c., AN ORDIN WHEREAS trespass on such trespa 1. Be it .the advice trespass on belonging which, or places a no and warni notice, any request to stelling, pr tenant, or assisting th and may b or by any veniently convicted and not ex 2. And may think land, or la or servant, faction, sha Enclosure in No. 9. BRITISH GUIANA. No. XXXIII., 1850. DINANCE for the more effectual Prevention of Wilful Trespass on Land and other Property. EAS it is 'expedient to make provision for the more effectual prevention of wilful is on landed or real property, and for the summary conviction of persons guilty of respasses: WEST INDIAN COLONIES. Enclosure in No. 9. What per sons shall be deemed wilful Be it therefore enacted, by His Excellency the Governor of British Guiana, with vice and consent of the Court of Policy thereof, that if any person shall wilfully 3s on any land, yard, garden, stelling, or premises, or in any canal, trench, or pond trespassers. ing to another person, or to any corporation or company, public or private, and on , or near to which, there shall be stuck up on one or more conspicuous place or a notice, in large legible letters, forbidding in general terms all persons to trespass, arning them against the consequences of so doing; or if, in the absence of such , any person shall wilfully trespass as aforesaid, and shall refuse to quit upon t to him made by the owner, tenant, or occupier of any such land, yard, garden, g, premises, canal, trench, or pond, or by the agent or servant of any such owner, , or occupier; every such person so wilfully trespassing, and all others aiding and ng therein, shall be deemed to be wilful trespassers, and every such trespasser shall ay be seized and detained by any such owner, tenant, or occupier, agent or servant, any person whom he may call to his assistance, until such trespasser can be contly taken before a Justice of the Peace; and when any such trespasser shall be eted before a Justice of the Peace, he shall forfeit a sum not less than four dollars ot exceeding twenty-four dollars: provided always, that every labourer, or other , having or occupying any house or cottage, or any room in any house or cottage, 7 plantation or settlement having an open path or road leading from the public o such house, cottage, or room, and his relations, family, and visitors shall not nsidered a trespasser or trespassers by passing along or upon such open path or And be it enacted, That if any trespasser aforesaid, at the time of his trespassing Canes, &c. have or be in possession of any canes, coffee, plantains, bananas, fruit or vegetable found in poction, similar in kind to any growing or being in or upon any such land, garden, ful trespassers. mises, or of any fish similar in kind to any then or immediately theretofore in ch canal, trench, or pond, it shall be lawful for the owner, tenant, occupier, agent, vant as aforesaid to seize and detain all such canes, coffee, plantains, bananas, fruit etable production, and fish, until such trespasser shall prove to the satisfaction of ice of the Peace that the same has not been taken or obtained out of or from such garden, premises, canal, trench, or pond, as aforesaid; and in the event of any such sser not proving to the satisfaction of such Justice that such canes, coffee, plantains, as, fruit or vegetable production, or fish, are or is his property, the same shall be red to such owner, tenant, or occupier, as aforesaid, to be by him disposed of as he hink fit: provided always, that nothing in this section contained shall prevent the tion of every such trespasser in the penalties mentioned in Section 1 of this ance. And be it enacted, That if any person shall fasten any boat, batteau, punt, corial, Trespass on craft, raft, or float, to any private stelling, wharf, or landing-place, or any part stellings. f, or shall bring, place, or put any boat, batteau, punt, corial, vessel, craft, raft, or n any private trench or canal, whether the same be used or not for drainage or vise, or shall put or place any article whatsoever upon any such stelling, wharf, or landing-place, or in or over any such trench or canal on which or near to which shall be stuck up a notice in large legible letters forbidding in general terms all is to trespass, and warning them against the consequences of so doing without the of the owner or person in possession of such stelling, wharf, land, or landing place, , or canal, or without some pressing necessity, such person shall be deemed a trespasser, and every such trespasser, boat, batteau, punt, corial, vessel, craft, raft, and article shall and may be seized and detained by the owner or person in sion of such stelling, wharf, land, landing-place, trench, or canal, or by his agent want, and complaint made to a Justice of the Peace, who, upon proof to his satis to ha a milful trosnoscer and to forfeit a sum not less than four dollars, and not exceeding twenty-four dollars; and in the event of any damage being done to any such stelling, wharf, landing-place, trench, or canal, or of any 3. penalty being imposed, such Justice shall order such boat, batteau, punt, corial, vessel, craft, raft, or float to be publicly sold within ten days thereafter, and out of the proceeds thereof shall pay to the owner, or person in possession of any such stelling, wharf, land, landing-place, trench, or canal, the amount of the damage by him had and suffered, and deduct the amount of such penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid. zc., res on 4. And be it enacted, That if any person so trespassing as aforesaid, shall carry, lead, or drive on the land, garden, stelling, or premises on which any such trespass is committed, any horse, mule, ass, or other animal, or shall put or place, or cause to be put or placed on any such land, garden, stelling, or premises, any cart, wheelbarrow, or other vehicle, any building materials, any tools or implements of any kind or description, any timber, firewood, or other wood, or any article, matter, or thing of any kind or description whatsoever, every such horse, mule, ass, animal, cart, wheelbarrow, vehicle, building material, tool, implement, timber, firewood, other wood, article, matter, or thing, shall and may be seized and detained by the owner, tenant, or occupier of any such land, garden, stelling, or premises, or by the agent or servant of any such owner, tenant, or occupier, and complaint made to a Justice of the Peace, who, upon proof to his satisfaction that any person trespassing as aforesaid has carried, led, or driven on the land, garden, stelling, or premises on which any such trespass is committed, any such horse, mule, ass, or animal, or has put or placed, or caused to be put or placed, on any such land, garden, stelling, or premises, any such cart, wheelbarrow, vehicle, building material, tool, implement, timber, firewood, other article, matter or thing, shall order the same to be publicly sold within ten days thereafter, and out of the proceeds of the sale thereof shall pay the amount of any damage by any such owner, tenant, or occupier had and suffered in virtue of any such trespass as aforesaid, and deduct the amount of such penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid. 5. And be it enacted, That if any person shall be found in or upon or shall enter in ed or upon any land, whether the same be covered with water or not, situate between high water mark and low water mark upon the bank of any river, creek or stream, or upon the sea coast in front of any plantation or estate, or land belonging to any private person, or to any corporation or company, public or private, on which or near to which there shall be stuck up a notice in large legible letters forbidding in general terms all persons to trespass and warning them against the consequences of so doing without leave of the owner, tenant, or occupier of such plantation, estate or land first had and obtained, and shall there destroy, ensnare, catch or take or attempt to destroy, ensnare, catch or take any fish, crabs, or other animals, every such person may be seized, detained, and conveyed by such owner, tenant, or occupier before a Justice of the Peace, and upon conviction thereof by such Justice shall be declared a wilful trespasser, and shall forfeit a sum not less than four dollars and not exceeding twenty-four dollars; and if at the time of committing such trespass any such person shall have with him any boat, batteau, punt, corial, vessel, craft, raft, or float, or any seine, net, fishing tackle of any kind or description, or other implements for destroying, ensnaring, catching or taking fish, crabs, or other animals, the same shall also be seized and detained by such owner, tenant, or occupier, and if such person shall be adjudged a wilful trespasser, such Justice shall order the same to be publicly sold within ten days thereafter, and out of the proceeds thereof shall pay the amount of any damage by any such owner, tenant, or occupier had and suffered in virtue of any such trespass, and deduct the amount of the penalty inflicted upon any such trespasser, unless the amount of such damage and of such penalty shall be sooner paid; and if at the time of the seizure of any such person trespassing as aforesaid he shall have any fish, crabs, or other animals, dead or alive, in his possession, the same shall be carried before such Justice as aforesaid, who, if such person shall not be able to prove that he caught or obtained such fish, crabs, or other animals at or from some other place than that upon which he was found trespassing, shall order such fish, crabs or other animals to be delivered to the owner, tenant, or occupier of such plantation, estate, or land, or to his agent or servant, to be disposed of as he may think fit. 6. And be it enacted, That if any person shall be found in or upon or shall enter in or upon any land, whether the same be covered with water or not, situate between high water mark and low water mark upon the bank of any river, creek, or stream, or upon the sea coast in front of any plantation or estate or land belonging to the Crown, or to any corporation or company, public or private, or to any person, on which, or near to which, there shall be stuck up a notice in large legible letters forbidding in general terms, all p without lea of which s of any rive down, cut tree, wheth soil, caddy, such owner, Occupier bei be declared not exceedin such person axe, hatchet same to be tion, estate, 9. And be hereby autho matters brou 10. And determine an the lands, b mitted, shall 11. And proceeding b land or proj under the pr at law shall bar to any st trary conclus 12. And feitures, and manner and "An Ordin "of Sessions " and orders 13. And 1 shall be take only shall e person, matte applied to on every word female as w |