CAP. XXII.

(Assented to 28th March 1891.)

BARBADOS.

An Act to consolidate and amend the Acts of this Island relating to petty trespasses to land,

BE it enacted by the Governor, Council,

and Assembly of this Island, and by the authority of the same, as follows:

Short title.

1. This Act may be cited as "The Petty Trespass Act. 1891."

Animals taken damage feasant.

or

2. (1) It shall and may be lawful for the owner, proprietor, attorney, overseer, Sheep, goats, other person in charge of any plantation or stock trespassing, hogs, or feathered place, to cause any sheep, goat, hog, or may be killed or feathered stock, when found trespassing on impounded, &c. the lands of such plantation or place, either to be killed or impounded on such plantation or place; and for every sheep, goat, or hog impounded, the owner or proprietor of such plantation or place shall be entitled to one shilling and for every head of feathered stock fivepence which if not paid. in seven days by the owner of such sheep, goat, hog, or feathered stock, it shall and may be lawful for the owner, proprietor, attorney, overseer, or other person in charge of such plantation or place to sell such sheep, goat, hog, or feathered stock, and after deducting the sum sums aforesaid, and the expense of feeding such sheep, goat, hog, or feathered stock, the overplus arising by such sale shall be paid over by the party impounding

or

Horses, cattle,

&c. how to be dealt with when impounded.

and selling such sheep, goat, hog, or feathered stock to the rightful owner thereof; or the owner, proprietor, attorney, overseer, or other person in charge of any plantation or place so trespassed on, may lodge a complaint before a Police Magistrate, who is hereby required to issue a summons to any three neighbouring freeholders to attend and appraise such damage; and award the amount of compensation to be made therefor: and if any freeholder summoned for the purpose aforesaid shall neglect or refuse to attend and appraise such damage, and award such compensation, without reasona ble cause, to be approved by the said Police Magistrate, he shall incur a penalty of Twenty Shillings.

(2.) It shall and may be lawful for the owner, proprietor, overseer, or other person in charge or possession of any plantation, land, or place, to cause any horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattels not provided for in the preceding sub-section when found trespassing on such plantation land, or place, to be impounded on such plantation, land, or place; and for every horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattels so impounded, the owner or proprietor, or person possessed of such plantation, land. or place, shall be entitled to two shillings which if not paid within three days from the time the owner or person in charge or possession thereof shall receive notice in writing of such trespass, or from the time of such notice being left at his usual resi dence, it shall and may be lawful for the owner, proprietor, attorney, overseer, or other person, in charge or possession

of such plantation, land, or place, to insert an advertisement in one of the public papers of the island, offering for sale such horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattels, and proceed by a constable to sell the same by public auction at the station-house of the district within which the impounding shall take place; and such constable shall be entitled to retain for his use the sum of four shillings out of the proceeds of the sale, for his trouble in conducting such horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattels, to the said stationhouse, and selling the same; and if any constable shall refuse to perform the duty hereby required of him, he shall incur a penalty of sixteen shillings; and after deducting the sum aforesaid, together with the expenses of feeding, not exceeding the rate of one shilling for each day after the first day of impounding and also the expense of advertising such horse, mare, gelding, mule, ass, bull ox, cow, calf, or other living chattels, the overplus (if any) arising from such sale shall be paid over by the party impounding the same to the rightful owner thereof: Provided nevertheless, that should such owner or person in charge of such horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattels, be unknown, the time shall be extended to seven days after the expiration of which the party impounding the same shall proceed to advertise and sell the same, accurately describing such horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattels, and the time and place of impounding the same and when and where the sale will take

1

three freeholders

&c.

place and after deducting the aforesaid sum, together with the expenses of feeding advertising, and sale, the overplus (if any) shall be paid into the Public Treasury of this Island, and if not claimed within two months, shall be forfeited to the use of the When the animal public. But if the owner, proprietor, attorcannot be impounded, or the damage ney, overseer, or other person in charge or exceeds the sum al- possession of any plantation, land, or place, lowed, Police Magis- so trespassed on, cannot take and impound trate may summon such horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattels; or to appraise damage should, after impounding the same, consider the sum mentioned not equivalent to the damage done by such trespass, such person may return such horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattels, to the rightful owner, or the person having charge or possession, and lodge a complaint before the Police Magistrate, who is hereby required to issue a summons to any three freeholders to attend and appraise such damage, and award the amount of compensation to be made thereFreeholder sum- for, and if any freeholder summoned for the moned, and not at- purpose aforesaid, shall neglect or refuse to tending, liable to a attend and appraise such damage, and award such compensation without reasonable cause to be approved by the said Police Magistrate, he shall incur a penalty of sixteen shillings.

fine.

Persons impound

lect, &c.

calf,

(3.) Any person impounding such horse, ing, liable only for mare, gelding, mule, ass, bull, ox, cow, wilful act or neg- or other living chattels, shall not be liable or responsible for the death or injury of such horse, mare, gelding, mule, ass, bull, ox, cow, calf, or other living chattles so im pounded, unless it shall be proved that such horse, mare, gelding, mule, ass, bull, ox,