No. 17. 7 of a DESPATCH from Governor SIR BENJAMIN C. C. PINE to the EARL of 3.) D, KIMBERLEY. Leeward Islands, Antigua, Vith reference to your Lordship's Circular Despatch of the 2nd August on the Act to consolidate and amend the Statute Law of Antigua relating to malicious e 39th and 40th clauses of the latter Act relate to trespasses by persons on ere are no laws in force in Antigua for the Preservation of Game. I have, &c., (Signed) BENJAMIN C. C. PINE, Governor. Light. Hon. the Earl of Kimberley, WEST INDIAN COLONIES. No. 17. Public enacted by the Governor, the Council, and Assembly as follows: e several pounds in use at the passing of this Act shall as public pounds to be public pounds, and shall from time to time be repaired at the public pounds in use. under the order and direction of the vestry of the parish in which such pound situate. Repairs. Appointment ound-keeper shall be appointed to each by the vestry of the parish in which several pound-keepers in office at the passing of this Act shall continue to act ed. pound-keeper to whose custody any animal shall be committed shall, with nient speed, give notice, in writing, of the impounding of such animal to the the owner be known, and for such notice shall be entitled to the sum of one following fines, exclusive of the notice fee and allowances, shall be payable to l-keeper, that is to say: for the release of every horse, mule, ass, ox, or other ine of four shillings-three-fourths of which shall be paid by the pound-keeper erson impounding the same, and one-fourth shall be retained by the pounds a compensation for securing the same, with an allowance of one shilling per eeding the same; and for the release of every sheep, goat, or swine, a fine of ngs shall be paid, three-fourths of which shall be paid by the pound-keeper to n impounding the same, and one-fourth shall be retained by the pound-keeper pensation for securing the same, with an allowance of four pence per day for e same. my horse, mule, ass, ox, or other cattle so impounded, shall not be redeemed e days after such impounding, or if any sheep, goat, or swine, so impounded mals imbe redeemed within three days after such impounding, the same, at the expirae five or three days, as the case may be, shall be sold by public outcry at the T S. nearest city, town, or village, and the proceeds arising from the sale thereof, after deducting the notice fee, fine, and allowances, and two shillings as and for expenses attending the sale shall be paid by the pound-keeper to the owner of the animal so of sold, and in case no application by or on behalf of the owner shall be made within twenty-one days after such sale shall have taken place, the said proceeds shall be paid to the Treasurer on the public account. ent not 8. If any pound-keeper shall fail to provide sufficient food and water for any animal impounded, or shall fail to give notice, if notice be practicable, of such impounding, he Good shall, on conviction thereof before a police magistrate, be liable to a penalty not exceedcoring ten pounds, and on non-payment thereof, to be imprisoned in the common jail for any period not exceeding thirty days. ce. im n pro 9. It shall be lawful for the proprietor, possessor, or person in charge of any plantation, estate, or other land, to cause any horse, mule, ass, ox, or other cattle, sheep, goat, or swine, found trespassing on the same, to be impounded on such plantation, &c. estate, or other land, and such proprietor, possessor, or person shall, with all convenient lan- speed, give notice in writing to the owner thereof, or to his attorney or agent, if known, of such impounding, and if the fine and allowance hereinbefore made payable upon the release of any such animal from the public pound, together with the further sum of one shilling for the notice aforesaid, shall not be paid within forty-eight hours after the delivery of such notice, it shall be lawful for such proprietor, possessor, or person in e- charge, to insert an advertisement in one of the public newspapers, offering the animal ani- so impounded for sale, and after seven days from the appointed day of publication of such newspaper, to proceed to sell the same by a constable, at the nearest city, town, or village, and such proprietor, possessor, or person in charge, shall, in the first place, out of of the proceeds of the sale, pay to the constable, as a compensation for his trouble, the sum of two shillings and eight pence, and shall retain out of the balance of the said proceeds the notice fee, fine, and allowance hereby authorized, and the cost of the advertisement, and shall pay the surplus, if any, to the owner of the animal sold, on his application for the same, and if there shall be no such application, 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 advertise the same for sale at least seven days before the sale thereof, and shall, in such advertisement, accurately describe such animal, and state the time and place of impounding the same, and the period and place of such intended sale; and the surplus proceeds, if any, of such sale, after making the deductions aforesaid, shall be paid into the treasury, and if such surplus shall not be claimed by the owner within thirty days, the same shall be on applied to the credit of the public: Provided always, that if any proprietor, possessor, ail or person in charge of any plantation, estate, or other land, shall fail to provide suffiide cient food and water for any animal so impounded, or shall fail to give notice, if notice be practicable, of such impounding, he shall, upon conviction thereof before a police magistrate, be subject to a penalty not exceeding ten pounds, and on non-payment thereof, to be imprisoned in the common jail for any period not exceeding thirty days. 10. Any person who shall illegally impound, or illegally capture for the purpose of ni impounding, any animal as aforesaid, shall, on conviction thereof before a police magistrate, upon testimony other than that of the owner of the animal so impounded or captured, be liable to a penalty not exceeding five pounds, and on non-payment thereof to be imprisoned in the common jail for any period not exceeding thirty days. And it shall be lawful for such magistrate to award the penalty imposed upon the 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 of the owner thereof, to the pound keeper, of any expense which shall have been incurred for securing and feeding the of n r -f same. 11. 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 conviction thereof before a police magistrate, be liable to a penalty of not more than five pounds, or in the discretion of the magistrate may be imprisoned in the common jail, with or without hard labour, for any time not exceeding one calendar month, and in either case the 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 animal, and upon fail 12. An land, who for damag damage c who is he complaint "Peace, may awar aggrieved, to commit not exceed 13. If a reason of property, i possessor o aforesaid, such propr while in th ing, the ca writing of land, or hi such identi agent shal exceeding within twe fied, such the proper 14. It sh plantation, feathered s other land, stock, shot writing of land, or his hours of s possessor, o penalty not remove the cannot be property of 15. The mentioned complaint t plaint prefe the Peace may award recovered a property, a commit the exceeding of 16. All f specially ap successors, f 17. The "Trespass "this Isla 66 6 sions in repealed ex be dealt wit 18. And bounded to t to th WEST INDIAN COLONIES. ceeding £10 Any proprietor, possessor, or person in charge of any plantation, estate, or other vho shall consider the fines herein before authorized an inadequate compensation mage sustained, and shall not claim a sum exceeding ten pounds in respect to the e committed, may prefer his complaint to the police magistrate of the district, Compensahereby authorized to adjudicate upon such complaint in the manner of any other tion not exaint under the Act, " to Facilitate the Performance of the Duties of Justices of the may be recoe, with respect to Summary Convictions and Orders," and the police magistrate magistrate ward any sum by way of compensation, not exceeding ten pounds, to the party when fines inved, besides costs, and in default of payment it shall be lawful for the magistrate mit the offender to the common jail, with or without hard labour, for any period ceeding three months. If any damage shall be committed by the trespass of cattle, which cannot by of their wildness be impounded, and which cannot be identified as particular ty, it shall be lawful for a police magistrate, upon application of the proprietor or sor of land sustaining such damage, or his agent, and proof upon oath of the facts id, to issue his warrant to such proprietor, or possessor, or his agent, authorizing roprietor, or possessor, or his agent, to shoot or otherwise destroy such cattle, in the act of trespassing, but not otherwise, and if upon such shooting or destroyhe cattle shot or destroyed shall be identified as particular property, notice in gof such shooting or destroying shall be given by the proprietor or possessor of or his agent, to the owner of the animal shot or destroyed, within twelve hours of dentification, and for the omission of such notice such proprietor, possessor, or shall, upon conviction before a police magistrate, be liable to a penalty not ling ten pounds, and if the owner of such animal shall not remove the carcass twelve hours after the receipt of such notice, or if the owner shall not be identiuch carcass shall be considered as abandoned by the owner, and shall be deemed operty of the party aggrieved. vered before adequate. Damage by wild cattle. Gonts, swine, dogs, and feathered stock, trespassin my be ing, destroyed. It shall be lawful for any proprietor, possessor, or other person in charge of any tion, estate, or other land, to shoot or otherwise destroy any goat, swine, dog, or red stock, which shall be found trespassing upon any such plantation, estate, or land, and if upon such shooting, or destroying, the goat, dog, swine, or feathered shot or otherwise destroyed, shall be identified as particular property, notice in g of such shooting or destroying shall be given by the proprietor or possessor of Notice thereof. or his agent, to the owner of the animal or stock shot or destroyed, within twelve of such identification; and for the omission of such notice, such proprietor, sor, or agent, shall, upon conviction thereof before a police magistrate, be liable to a y not exceeding two pounds, and if the owner of such animal or stock shall not e the same within twelve hours after the receipt of such notice, or if the property Removal of stock. - be identified, the same shall be considered as abandoned and be deemed the such animal or -ty of the party aggrieved. The party aggrieved by the trespass of any animal or stock in the last section oned may, instead of shooting or destroying any such animal or stock, prefer his aint to a police magistrate, who shall adjudicate thereon as in the case of a compreferred under the "Act to facilitate the Performance of the Duties of Justices of Peace with respect to Summary Convictions and Orders,” and the police magistrate ward to the party aggrieved any sum not exceeding ten pounds, besides costs, to be red as in the case of compensation of costs awarded in malicious injuries to ty, and in default of payment, it shall be lawful for the police magistrate to it the offender to the common jail with or without hard labour for any period not ling one month. All fines and penalties, other than moneys payable to the party aggrieved or lly appropriated under this Act, shall be payable to Her Majesty, her heirs and sors, for the use of the Colony. Party ag grieved by instead of destroying such animal or stock, apply to trate for re trespass may, police magis dress. Appropria tion of fines and penalties. Repeal of No. The Act entitled, "An Act to repeal an Act entitled, 'An Act for regulating And whereas certain public lands contiguous to the poor-house and common jail, 2 of the common jail respectively, and any person authorized to act on their behalf respectively, to impound such horned cattle and other animals found trespassing upon -the said lands; and all and singular the enactments, powers, and provisions herein before enacted and contained in relation to such trespasses of horned cattle, and other animals, upon lands which are private property, shall be, and the same are hereby declared to be, -applicable and in force in relation to such trespasses of horned cattle and other animals or upon the said public lands. on Is il Dated at Antigua the third of December, in the year of our Lord One thousand eight Speaker. Passed the Council this third day of December, One thousand eight hundred and EDWIN D. BAYNES Duly published at Antigua, this fourth day of December, One thousand eight hundred and sixty-three. JAMES B. THIBOU. y ANTIGUA. SECTIONS 39 AND 40 OF No. 193. AN ACT to consolidate and amend the Statute Law of Antigua, relating to Malicious 39. Whosoever shall unlawfully persist in coming or remaining upon any plantation, on lands, or premises after being warned not to come thereon, or to depart therefrom, shall ed on conviction thereof before a police magistrate at the discretion of the magistrate either be committed to the common jail, there to be imprisoned only, or be imprisoned and kept to hard labour for any term not exceeding two months, or else shall forfeit and pay such sum of money not exceeding five pounds as to the magistrate shall seem meet. m m 10t ro y ng 40. Whosoever shall wilfully or maliciously commit any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is herein before provided, shall, on conviction thereof before a police magistrate, at the discretion of the magistrate either be committed to the y common jail, there to be imprisoned only, or to be imprisoned and kept to hard labour d for any term not exceeding two months, or else shall forfeit and pay such sum of money ya not exceeding five pounds as to the magistrate shall seem meet, and also such further is- sum of money as shall appear to the magistrate to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of five pounds, which last mentioned sum of money shall, in the case of private property, be paid to the party aggrieved; and in the case of property of a public nature, or wherein any public right is ion concerned, the money shall be applied in the same manner as every penalty imposed by ey a police magistrate under this Act, and if such sums of money, together with costs, if ordered, shall not be paid either immediately after the conviction, or within such period as the magistrate shall at the time of the conviction appoint, the magistrate may commit the offender to the common jail there to be imprisoned only, or to be imprisoned and kept to hard labour, as the magistrate shall think fit, for any term not exceeding two months, unless such sums and costs be sooner paid: Provided that nothing herein contained shall extend to any case where the party acted under a fair and reasonable ain supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in shooting, fishing, or in the pursuit of game, but that every such trespass shall be punishable in the same manner as if this Act had not passed. ex 1 Y of a DESPATCH from Administrator WIGLEY to SIR BENJAMIN C. C. PINE. . 123.) St. Christopher, 24th September, 1870. I have the honour to acknowledge receipt of the Secretary of State's Circular COLONIES. No. 18. No. 19. Enclosures in No. 19. T to regulate the Impounding of Stock, to give Remedies to Parties injured by the respassing of such Stock, and to make other Provisions connected therewith. [Dated 1st April, 1851.] EAS it is necessary to make further provisions for the prevention and punishment passes by stock: We, your Majesty's most dutiful and loyal subjects the Officer stering the Government of your Majesty's Islands of Saint Christopher and la, and the Council and Assembly of the same, do pray your most excellent y that it may be enacted: Repeals former Acts.] Continues and be it enacted, That the several pounds established in the respective parishes of and, are hereby continued, and declared to be the lawful pounds of the said pounds parishes respectively. and be it enacted, That the several keepers of the said pounds are hereby declared he lawful keepers of the same, invested with all the powers and authorities, and to all the pains, penalties, and forfeitures of pound-keepers under this Act, as after mentioned. already established. Also the pound-keepers Proper pounds shall be esta And be it enacted, That whensoever any of the said several pounds now established island shall be discontinued as such pound, and as often as occasion shall from blished. o time require, there shall be provided within each of the several parishes of this at the public expense, a good and sufficient pound for the same. nd be it enacted, That every pound-keeper now or hereafter to be appointed, shall |