[Ord, 81anno 5 1860.] No. XXXIII. 7. And be it enacted, that in all cases where by this Ordinance If an action be it is enacted that no action shall be brought under particular cirbrought where by this Ordi. cumstances, if any such action shall be brought it shall be lawful nance it is pro- for a Judge of the Court in which the same shall be brought, upon Judge may set application of the defendant, and upon an affidavit of the facts, to set aside the proceedings in such action, with or without costs, as to him shall seem meet. hibited, a aside the pro ceedings. Section 7. Limitation of action. Section 8. Notice of action. Section 9. 8. And be it enacted, that no action shall be brought against any Justice of the Peace for anything done by him in the execution of his office, unless the same be commenced within six calendar months next after the act complained of shall have been committed. 9. And be it enacted, that no such action shall be commenced against any such Justice of the Peace until one calendar month at least after a notice in writing of such intended action shall have been delivered to him, or left for him at his usual place of abode by the party intending to commence such action, or by his attorney or agent, in which said notice the cause of action and the Court in which the same is intended to be brought shall be clearly and explicitly stated; and upon the back thereof shall be endorsed the name and place of abode of the party so intending to sue, and also the name and place of abode or of business of the said attorney or agent, if such notice have been served by such attorney or agent. 10. And be it enacted, that in every such action the defendant Defendant may shall be allowed to plead the general issue, or take a simple contrary plead the conclusion therein, and to give any special matter of defence, excuse, general issue, any special or justification in evidence under such plea or conclusion at the trial of such action. matter, &c., in evidence. Section 10. Tender and payment of money into Court. Section 11. II. And be it enacted, that in every such case after notice of action shall be so given as aforesaid, and before such action shall be commenced, such Justice to whom such notice shall be given may tender to the party complaining, or to his attorney or agent, such sum of money as he may think fit as amends for the injury complained of in such notice; and after such action shall have been commenced, and at any time before issue joined therein, such defendant, if he have not made such tender, or in addition to such tender, shall be at liberty to pay into Court such sum of money as he may think fit, and which said tender and payment of money into Court, [Ord.81 anno 1850.] No. XXXIII. Court, or either of them, may afterwards be given in evidence by the defendant at the trial under the general issue or contrary conclusion aforesaid; and if the jury, where there is a jury, or Courts where there is not a jury, at the trial shall be of opinion that the plaintiff is not entitled to damages, beyond the sum so tendered and paid into Court, then a verdict by the jury, or a sentence by the Court, shall be given for the defendant, and the plaintiff shall not be at liberty to elect to be non-suited or that the defendant be absolved of the instance, and the sum of money, if any, so paid into Court, or so much thereof as shall be sufficient to pay or satisfy the defendant's costs in that behalf, shall thereupon be paid out of Court to him, and the residue, if any, shall be paid to the plaintiff, or if where money is so paid into Court in any such action, the plaintiff shall elect to accept the same in satisfaction of his damages in the said action, he may obtain from any Judge of the Court in which such action shall be brought an order that such money might be paid out of Court to him, and that the defendant shall pay him his costs to be taxed, and thereupon the said action shall be determined, and such order shall be a bar to any other action for the same cause. verdict for the Section 11. 12. And be it enacted, that if at the trial of any such action the In what cases plaintiff shall not prove that such action was brought within the non-suit or time herein before limited in that behalf, or that such notice as afore- defendant. said was given one calendar month before such action was commenced, or if he shall not prove the cause of action stated in such notice, or if he shall not prove that such cause of action arose in the place laid in the claim and demand, then and in every such case such plaintiff shall be non-suited or the defendant shall be absolved of the instance, or a sentence or verdict shall be given for the defendant. 13. And be it enacted, that in all cases where the plaintiff in Damages. any such action shall be entitled to recover, and he shall prove the Section 18, levying or payment of any penalty or sum of money under any con❤ viction or order as parcel of the damages he seeks to recover, or if he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not be entitled to recover the amount of such penalty or sum so levied or paid, or any sum beyond the sum of four cents of a dollar as damages for such imprisonment or any costs of suit what [Ord.31 anno 1850.J Costa. No. XXXIII. soever, if it shall be proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by Law to pay the sum he was so ordered to pay, and (with respect to such imprisonment) that he had undergone no greater punishment than that assigned by Law for the offence for which he was so convicted, or for non-payment of the sum he was so ordered to pay. 14. And be it enacted, that if the plaintiff in any such action shall recover a verdict or obtain a sentence, or the defendant shall Section 14. allow judgment or sentence to pass against him by default, such plaintiff shall be entitled to costs in such manner as if this Ordinance had not been passed; or if in such case it be stated in the claim and demand that the act complained of was done malicionsly and without reasonable and probable cause, the plaintiff, if he recover a verdict or obtain a sentence for any damages, or if the defendant allow judgment or sentence to pass against him by default, shall be entitled to his full costs of suit to be taxed as between attorney and client; and in every action against a Justice of the Peace for anything done by him in the execution of his office, the defendant, if he obtain judgment or sentence upon verdict or otherwise, shall in all cases be entitled to his full costs in that behalf to be taxed as between attorney and client. Police Force, Constables, and others. 15. And be it enacted, that this Ordinance shall apply for the Act to apply to protection of all members of the Police Force, all Constables, all members of the Commissaries of Taxation, and all other persons for anything done in the execution of their office, under and by virtue of any Ordinance or Ordinances, and in all other cases whatsoever, and whether protection be given or not to the members of the Police Force, Con. stables, and Commissaries of Taxation, or any of them, or any other person, by any Ordinance or Ordinances, all members of the Police Force, all Constables, all Commissaries of Taxation, and all other persons in all and every action brought against them or any of them for anything done by them or any of them in the execution of their or his office, shall be entitled to the protection afforded by the provisions of this Ordinance. No. XXXIV. No. XXXIV. No. XXXIV. AN ORDINANCE FOR THE MORE EFFECTUAL PREVENTION OF [Ord.33 anno WILFUL TRESPASS ON LAND AND OTHER PROPERTY. 1850.] Enacted 18th December, 1850, published the 2nd April, 1851, came into operation 2nd April, 1851. [HENRY BARKLY, Governor.] WHEREAS it is expedient to make provisions for the more preamble. effectual prevention of wilful trespass on landed or real property, and for the summary conviction of persons guilty of such trespasses. shall be 1. Be it therefore enacted by his Excellency the Governor of What persons British Guiana, with the advice and consent of the Court of Policy deemed wilful thereof, that if any person shall wilfully tresspass on any land, yard, trespassers. garden, stelling or premises, or in any canal, trench, or pond, belonging to another person, or to any corporation or company, public or private, and on which, or near to which, there shall be stuck up on one or more conspicuous place or places a notice in large legible letters forbidding in general terms all persons to trespass, and warning them against the consequences of so doing, or if in the absence of such notice, any person shall wilfully trespass as aforesaid, and shall refuse to quit upon request to him made by the owner, tenant, or occupier of any such land, yard, garden, stelling, premises, canal, trench or pond, or by the agent or servant of any such owner, tenant or occupier, every such person so wilfully trespassing, and all others aiding or assisting therein, shall be deemed to be wilful trespassers, and every such trespasser shall and may be seized and detained by any such owner, tenant or occupier, agent or servant, or by any person whom he may call to his assistance, until such trespasser can be conveniently taken before a Justice of the Peace, and when any such trespasser shall be convicted before a Justice of the Peace, he shall forfeit a sum not less than Four Dollars, and not exceeding Twenty-four Dollars: Provided always, that every laborer or other person having or occupying any house or cottage, or any room in any house or cottage on any plantation or settlement having an open path or road leading from the public road to such house, cottage, ог [Ord. 33 anno 1850.] No. XXXIV. or room, and his relations, family and visitors, shall not be considered a trespasser or trespassers by passing along or upon such open path or road. 2. And be it enacted, that if any trespasser aforesaid, at the Canes, &c., time of his trespassing, shall have or be in possession of any canes, found in possession of wil. coffee, plantains, bananas, fruit, or vegetable production similar in fal trespasser. kind to any growing or being in or upon any such land, garden, or premises, or of any fish similar in kind to any then or immediately theretofore in any such canal, trench, or pond, it shall be lawful for the owner, tenant, occupier, agent, or servant as aforesaid, to seize and detain all such canes, coffee, plantains, bananas, fruit, or vegetable production, and fish, until such trespasser shall prove to the satisfaction of a Justice of the Peace that the same has not been taken or obtained out of or from such land, garden, premises, canal, trench, or pond as aforesaid; and in the event of any such trespasser not proving to the satisfaction of such Justice that such canes, coffee, plantains, bananas, fruit, or vegetable production, or fish, are or is his property, the same shall be delivered to such owner, tenant, or occupier as aforesaid, to be by him disposed of as he may think fit: Provided always, that nothing in this section contained shall prevent the conviction of every such trespasser in the penalties mentioned in section one of this Ordinance. Trespass on stellings. 3. And be it enacted, that if any person shall fasten any boat, batteau, punt, corial, vessel, craft, raft or float to any private stelling, wharf, or landing place, or any part thereof, or shall bring, place, or put any boat, batteau, punt, corial, vessel, craft, raft, or float in any private trench or canal, whether the same be used or not for drainage or otherwise, or shall put or place any article whatsoever upon any such stelling, wharf, land, or landing place, or in or over any such trench or canal, on which or near to which there shall be stuck up a notice in large legible letters forbidding, in general terms, all per. sons to trespass, and warning them against the consequences of so doing, without the leave of the owner or person in possession of such stelling, wharf, land, or landing place, trench or canal, or without some pressing necessity, such person shall be deemed a wilful trespasser, and every such trespasser, boat, batteau, punt, corial, vessel, craft, raft, float, and article, shall and may be seized and de |