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II. That it shall be the duty of every constable, whether paid No. 8. or unpaid, to report to the Police Magistrate of the island or dis- Ord. No.17, trict any offence against this Ordinance which may come to his
1860. knowledge, and any person may complain of any such offence : and
Constables to every person upon whose information or complaint any conviction
report all under this Ordinance may be made, shall be entitled to receive gaming. one half of the fine or penalty imposed; and the other half shall be reserved for the use of Her Majesty, her heirs, and successors, and be paid into the public treasury, and applied towards the support of the Government of these islands.
III. That all penalties and forfeitures incurred under this Ordi- Penalties to be nance shall be recovered in a summary manner before the Police recovered in or assistant Police Magistrate, and may be made and levied of the a summary goods and chattels of the offender; and in default of goods and chattels, it shall be lawful for any such offender to be imprisoned for any term not exceeding one month.
IV. That nothing herein contained shall be taken to apply to Where Ordipersons who may play at any game not depending entirely upon nance does not chance for such moderate stake in money as may be in accordance apply. with the means of the parties playing.
FIFTH DIVISION.–CATTLE ACT AND AMENDMENTS.
Laws relative to Damages done by Cattle running loose, and Act 4 Vic.
other Subjects connected therewith. (25th February, 1841.) I. That from and after the commencement of this Act it shall be provision lawful for any two Justices of the Peace, (of which, at Turks made for erecIslands, the Police Magistrate shall be one,) to authorize the
tion of Public
Pounds. tion or use of one or more public pounds in each town, district, or settlement within these islands, in which pounds all cattle liable to be impounded shall and may lawfully be kept and detained.
II. That when any such pound shall be erected on private land Fees of Poundat the expense of the owner or owners, occupier or occupiers of such age regulated. land, it shall be lawful for such owner or owners, occupier or occupiers, or any person by him, her, or them appointed, to demand and receive the several poundage fees hereinafter enumerated : Provided always, That it shall not be lawful to place or detain cattle in any place erected as a pound on private land, as aforesaid, until the owner or owners, occupier or occupiers of such land shall have obtained a certificate from two Justices of the Peace, to the effect that they have inspected the said place, and consider it a fit and proper place for impounding cattle, which certificate shall continue in force for twelve months, and no longer ; after the expiration of which period a new certificate must be granted before such place can be continued as a public pound.
III. That it shall be lawful for any two Justices of the Peace Appointment (of which, at Turks' Islands, the Police Magistrate shall be one,) of Pound to appoint a keeper to each pound (other than those erected
keepers. private land at the expense of the owner or occupier thereof), and the keepers so appointed shall be entitled to have and receive the several fees of poundage hereinafter enumerated.
No. 9. IV. That from and after the passing of this Act if any cattle Act 4 Vic. shall stray from the lands of the owner or owners thereof, or be
suffered to run at large by such owner or owners, and shall enter the When cattle
land of any other person or persons, it shall be lawful for the party found on pri
upon whose land such cattle shall enter to seize the same and convate land, may vey, or cause the same to be conveyed, within twenty-four hours be impounded. after such seizure, to the nearest public pound : Provided such
pound shall be within five miles of the land upon which such cattlo have trespassed ; but in case such land shall be at a greater distance than five miles from such nearest pound, then, and in every such case, it shall be lawful for the party aggrieved to detain such cattle on his or her land until satisfaction shall be made in manner hereinafter mentioned : Provided, however, That in every such case, as last aforesaid, the person so detaining such cattle shall, within fourand-twenty hours, give notice of such detention to a Justice of the Peace, and require such Justice to investigate and adjudicate on
the case in manner hereinafter mentioned. Damages done V. That whenever any cattle shall enter on any land under culby cattle, how tivation, and shall do damage therein, the owner or occupier of such to be awarded.
land may, if such damage shall not exceed the sum of three pounds, recover the same from the owner or owners of such cattle before any one Justice of the Peace, who is hereby authorized and empowered to hear and adjudicate on all such cases, to give judgment thereon, and award execution, with cost, in the same manner as in cases of petty debts; and in any such inquiry it shall not be necessary, in order to entitle the party aggrieved to recover such damage, that the cattle committing the same should have been
seized and impounded. Forfeiture VI. That whenever any cattle shall enter on any enclosed land, when cattle
whether under cultivation or not, without committing any particular trespass, and do no particu
damage, for which the owner or occupier of such land shall claim lar damage.
compensation, it shall, nevertheless, be lawful for such owner or occupier to recover, in manner hereinafter mentioned, stipulated damages from the owner or owners of such cattle at and after the rate of two shillings for each head of cattle so trespassing; and if such cattle shall remain on the land of the party complaining more than twenty-four hours, then a further sum of one shilling per diem shall be payable by the owner or owners thereof to the owner or occupier of such land for each and every day during which such
cattle shall remain on such land. Unlawful with- VII. That it shall not be lawful for the owner or occupier of any in five miles of land lying within
five miles from any public pound to keep penned any Pound to keep stray
or tied up on such land any cattle seized as strays beyond four-andcattle penned
twenty hours, under the penalty of forfeiting to the owner of such cattle one shilling for every hour which each head of such cattle shall be so kept beyond the said twenty-four hours ; nor shall it be lawful for the owner or occupier of any land lying beyond the distance of five miles from any such pound, as aforesaid, to keep penned or tied up any cattle seized as strays for a longer period than twenty-four hours without giving the notice hereinbefore required to be given to a Justice of the Peace, under the penalty of forfeiting to the owner of such cattle one shilling for each and every hour which each head of such cattle shall be so kept, as last aforesaid, beyond the said twenty-four hours: Provided always, That the periods in this clause mentioned, during which it shall be 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
c. 11. 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 a 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 l'ecovered 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. Poupdage fees. fully demanded, and received by the several persons entitled to fees of poundage under this Act, viz.: For every horse, mare, 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 not claimed,
shall have been so impounded, or being claimed, the penalty aforehow dealt with.
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 falling 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. * See note in preceding page.
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 chargo 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 sinco expired.
No. 11.-ORDINANCE No. 16 of 1860.
Ord. No.16, An Ordinance to amend the Laws of the Bahamas extended to these
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