Small Trespass Act (Cap. 7:05)

SMALL TRESPASS ACT CHAPTER 7:05 Act L.I.12 of 1891 Amended by L.I.23 of1932 19 of 1939 120f1990 Current Authorised Pages Pages Authorised (inclusive) by L.RD. 1-5 111991 L.R.O.1I1991 2 Chap. 7:05 Small Trespass on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. Small Trespass CHAPTER 7:05 SMALL TRESPASS ACT ARRANGEMENT OF SECTIONS Chap. 7:05 3 SECTION 1. Short title. 2. Interpretation. 3. Magistrates' jurisdiction ousted when question of title in volved. 4. Magistrates to have civil jurisdiction in certain cases of trespass. 5. Magistrate may order restitution of property wrongfully de tained or its value up to $1,000. 6. Trespass to land. 7. Trespass to land by animals. 8. Common law to apply. 4 Chap. 7:05 Small Trespass CHAPTER 7:05 SMALL TRESPASS ACT 1961 Ed. AN ACT relating to trespass to personal property. ~ 12 ofl891. Commencement. [Ist March 1892] Short title. 1. This Act may be cited as the SMALL TRESPASS ACT. Interpretation. 2. In this Act "animal" means any camel, horse, mule, ass, ox, sheep, goat or swine and includes feathered stock; "feathered stock" means fowls, turkeys, peafowls, ducks, geese and guinea birds. Magistrates' jurisdiction ousted when question of title involved. Magistrates to have civil jurisdictionin certain cases of trespass. [12 of 1990]. Ch4:20. 3. Nothing in this Act shall give jurisdiction to any Magistrate to decide any matter where a bonafide question oftitle to land or ofa right of way or other easement is involved, and when a Magistrate trying a case under this Act is satisfied that such question is involved he shall abstain from giving any decision thereon and may either dismiss the case or adjourn it until such question has been decided by a competent court according as to him may seem just. 4. (1) A Magistrate shall have jurisdiction to try and determine civil claims in respect of the following matters: (a) where any personal property the value ofwhich does not exceed one thousand dollars is unlawfully detained by any person; (b) where any person commits a trespass to land; (c) where any animal causes any damage by trespassing on been done does not exceed one thousand dollars. (2) Except as otherwise provided in this section the provisions of the Magistrate's Code ofProcedure Act relating to civil proceedings shall annlv to all m3tter~ hroneht before a Macistrate under tins section; Small Trespass Chap. 7:05 5 and any judgment or order given or made in a.11Y such civil cl::lirn shall Deenrorced IIi tile manner provided by the said i=U:~L fOf the enforcing oi the paymentof a fine or of an ordermadeon complaint. 5. Where any personal property is detained the Magistrate may Magistra1.e~ay . . • orderrestitution ordertherestoration oftheproperty tothepersonhavingthenght tothe of property possession of it or he maygivejudgment for the valueof the property wrongfully to an amount not exceeding one thousand dollars. detained or its value up to $1,000. [12 of 1990]. 6. Where anypersonhascommitted a trespass to landthe Magis trate may givejudgmentin respect of suchtrespass for an amount by way of damages not exceeding one thousand dollars. Trespass to land. [12 of 1990]. 7. Where any animal causes any damage by trespassing on any Trespassto1and land the Magistrate maygivejudgment in respect of such trespass for ~r2a:7~~]. an amountnot exceeding one thousand dollars. 8. All trespasses to personal property or to land except where Common1awto otherwise provided by this Actor anyotherAct shallbe governed by apply. the common law. - - -- -- -- LJ.J\.V. J/J77.l.