No. 11. Ord. No. 16, 1860. they are hereby repealed, to wit, Sections 11, 12, 13, 14, 15, 16, and 17. IV. That this Ordinance shall continue in force so long as the Act to which it is an amendment shall remain in force. No. 12. Act 4 Vic. c. 30, extending Act 3 G. 4, c. 71. PREAMBLE. Proceedings not to be quashed for want of form. SIXTH DIVISION.-CRUELTY TO ANIMALS. No. 12.-4 Vic. ch. 30. This Act declares several Acts of Parliament to be in force in these Islands; and amongst them the following Act of 3 Geo. 4, ch. 71, entitled, "An Act to prevent the cruel and improper treatment of Cattle." (25th Feb. 1841.) W THEREAS 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 exceeding 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 this Act, shall be quashed or vacated for want of form; and that the order of such Justice or other Magistrate shall be final, and that no proceedings of any such Justice, or other Magistrate, in pursuance of this Act, shall be removable by certiorari or other wise. IV. And for the more easy and speedy conviction of offenders under this Act; Be it, &c., That all and every the Justice and Justices 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 in the year of Our Lord or (as the case may be), one of His Majesty's Justices of the Peace for No. 12. Act 4 Vic. c. 30, extending Act 3 G. 4, c. 71. Form of conviction. Remedy against frivo lous and vexatious com plaints. 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 had 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, OP 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, No. 12. Act 4 Vic. c. 30, extending Act 3 G. 4, c. 71. No. 13. Act 7 Vic. c. 11. PREAMBLE. Punishment of persons who shall wantonly and cruelly beat, ill-treat, abuse, or torture cattle, dog, animal, fowl, or bird. Time limited for the prosecuunder this Act. tion of offences Proceedings before Justices not to be quashed for want of form. Form of conviction. then, and in any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath, or may have, for his, her, or their costs, in any other cases by law. No. 13.—7 Vic. ch. 11. An Act to amend the Laws for preventing the Cruel and Improper Treatment of Cattle and other Animals. (9th January, 1844.) W HEREAS in and by an Act of the General Assembly of these islands passed in the fourth year of your Majesty's reign, entitled "An Act to declare in force within these Islands certain statutes of the Imperial Parliament of Great Britain and Ireland, relating to certain offences therein particularly mentioned." An Act of the Imperial Parliament passed in the third year of the reign of King George the Fourth, entitled "An Act to prevent the cruel and improper treatment of cattle," was amongst others declared to be in force within these islands, but the same has been found not to be sufficiently extensive in its application; For remedy whereof, May it, &c., That if any person shall, from and after the passing of this Act wantonly and cruelly beat, ill-treat, abuse, or torture any cattle, other than the cattle designated in the said recited Act, or any dog or other domestic animal, or any domestic fowl or bird, every such offender being convicted thereof before any one of Her Majesty's Justices of the Peace for the colony, or for any island or district of the same, shall for every such offence forfeit and pay to Her Majesty, her heirs, and successors, a sum of money not exceeding Five pounds nor less than Ten shillings; and if the person or persons so convicted shall not forthwith pay the sum forfeited, every such offender shall by warrant under the hand and seal of the convicting Justice, or some other Justice or Justices of the Peace, be committed to some lawful prison within these islands, there to be kept without bail, or mainprize, for any time not exceeding one month. 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 pay any such penalty. III. That no order or proceedings to be made, or had by or before any Justice of the Peace by virtue of this Act shall be quashed, or vacated for want of form, and that the order of such Justice shall be final, and that no proceedings of any such Justice in pursuance of this act shall be removable by certiorari or otherwise. IV. And for the more easy and speedy conviction of offenders under this Act, be it enacted, that all and every the Justice or Justices of the Peace 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 No. 13. Act 7 Vic. c. 11. any other form of words to the same effect, as the case shall happen (Videlicit). Be it remembered that on the day of in the year of our Lord A. B. is convicted before me (one) of Her Majesty's Justices of the Peace for the Turks and Caicos Islands, or for the district of within the said islands (as the case may be) either by his own confession, or on the oath of one or more credible witnesses, (as the case may be) by virtue of an Act made in the seventh year of the reign of Her Majesty Queen Victoria, entitled "An Act to amend the laws for preventing the cruel and improper treatment of cattle" (specifying the offence, and time and place when 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 hearing any such complaint as is hereinbefore mentioned, the Justice of the Peace who shall hear the same shall be of opinion that such complaint was frivolous and vexatious, then, and in every such case it shall be lawful for such Justice of the Peace 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, to be levied in manner as is herein before provided for enforcing payment of the sums of money to be forfeited by the persons convicted of the offence herein before mentioned. VI. That if any action or suit shall be brought or commenced against any person or persons for anything done in pursuance of this Act, it shall be brought or commenced within six calendar months next after every such cause of action shall have occurred, and not afterwards, and the defendant and defendants in such action or suits may plead the general issue, and give this Act and the special matter in evidence at any trial or trials to be had thereon; and that the same was done in pursuance and by authority of this Act, and if the same shall appear to be so done, or if any such action or suit shall not be commenced within the time before limited, then, and in every 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, then, and in any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath, or may have for his, her, or their costs, in any other cases by law. SEVENTH DIVISION.-HAWKING GOODS. No. 14.-9 Vic. ch. 14. An Act to repeal an Act for regulating the Hawking of Goods, Wares, and Merchandise, and to make other provision in relation thereto. (4th March, 1846.) I. Repeals 7 Wm. 4, c. 10. II. That it shall not be lawful for any person to hawk or retail Not lawful to any goods, wares, merchandise, or other articles (except as herein- hawk or retail No. 14. Act 9 Vic. c. 14. goods without a license. Licenses to be granted by three Justices of the Peace. Licenses not to be granted to persons con victed of larceny, &c. Annual tax of £2 10s. for a goods. after excepted,) about the streets, lanes, and roads of the island of the Turks Islands, or of any other island to which the provisions of this Act may be extended, by order of the Governor or Officer administering the Government in Council, without having first obtained a license for so doing in manner hereinafter mentioned, under a penalty for every offence of a sum not exceeding one pound.* III. That licenses shall be granted at Grand Turk by three Justices of the Peace, whereof the Police Magistrate shall be one, and in any other island by two Justices of the Peace. IV. That it shall not be lawful to grant any such license to any person who has been convicted of larceny, embezzlement, or of receiving stolen goods, nor to any person under the age of twentyone years; and if any person having a license so granted to him or her shall, during the period of such license being in force, be convicted of larceny, embezzlement, or receiving stolen goods, the license held by such person shall be forthwith cancelled. V. That every person obtaining a license under this Act shall pay therefor to the Magistrates granting the same the sum of two license to hawk pounds ten shillings, and shall enter into a recognizance with one or more surety or sureties in the sum of ten pounds, with a condition under written to the effect following:-The condition of this recognizance is such, that if the above-named A. B. shall, during the period which he or she shall hawk or retail goods under a license this day granted to him or her, be of good behaviour, and not embezzle or wilfully destroy any articles intrusted to him or her to hawk or retail, then this obligation to be void, otherwise to remain in full force. Name of per son and num- Constable to or basket not marked and numbered. Penalty for VI. That every person hawking goods under the authority of this Act shall have his or her name, together with the number of his or her license, marked in a conspicuous manner on every tray, basket, or other article used by him or her for the carriage of his or her goods, under a penalty not exceeding ten shillings for every neglect. VII. That it shall be the duty of every constable, under a seize any tray penalty of one pound for every neglect, to seize every tray, basket, or other article used by any person for hawking or retailing goods in and about the streets or lanes of any island to which the provisions of this Act shall extend, and which shall not be marked and numbered as required by this Act; and every such tray, basket, or other article, with the contents thereof, shall be detained and dealt with in manner hereinafter mentioned. neglect of duty. Persons carrying an unnum bered tray, basket, &c., on conviction, to pay a fine. VIII. That every person carrying any such unnumbered tray, basket, or other article as aforesaid, shall be liable, on conviction, to pay a fine not exceeding ten shillings, or, in the discretion of the convicting Justices, to be imprisoned in any lawful prison for any term not exceeding seven days; and it shall be lawful for any constable, without warrant, upon his own view, to arrest any person so offending, and to carry him or her before any one of Her Majesty's Justices of the Peace for the island, who may either liberate such party on bail, or commit him to prison until the final decision of the case as herein before provided for. *No Order in Council has as yet been issued under the authority of this clause. April, 1850. |