A Collection of Cases Decided in the Court of Rewiew of British Guiana, From 1856 to 1872 [i.E. 1873]

Cover A Collection of Cases Decided in the Court of Rewiew of British Guiana, From 1856 to 1872 [i.E. 1873]
A Collection of Cases Decided in the Court of Rewiew of British Guiana, From 1856 to 1872 [i.E. 1873]
British Guiana. Court of Review. [from Old Catalog]
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12th September, 1859.
(Ordinances 28 of 1847, 30 of 1856— Section 42.) Cattle crossing public road of Estate to which they belong^ are not Strays.
This was an appeal from a decision of Mr. C. G. H. Davis, S. J. P.
Complainant had Cattle pastured on Plantation /mZtts^ry, East Coast of Berbice ; and defendant, who was authorized in writing by the Sub-Inspector of Roads, seized three head of those cattle, while they were crossing the public road of that Estate, and impounded them. Complainant ther
...eupon charged him with illegally impound- ing. (Under Ordinance 28 of 1847, Sec. 4, since repealed by 7 of 1866.) The Magistrate held that the cattle were strays, and dismissed the case. The complainant appealed on the following grounds, inter alia.
That he did not consider cattle crossing his public road " strays," within the meaning of the Ordinance, where there is pasture on either side ; as they cannot be " strays " unless they leave the boundaries of his property.
Alexander, J., gave judgment as follows : — I reverse the dismissal of complainant's case by the Magistrate^ and by virtue of the authority conferred upon me, by Section 30, Digitized by Google ROSS V.


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