Trespass Act (Cap. 11:07)

TRESPASS ACT CHAPTER 11:07 LAWS OF TRINIDAD AND TOBAGO Act 16 of 1852 Amended by 21 of 1910 20 of 1936 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–6 .. 1/2006 L.R.O. 1/2006 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 2 Chap. 11:07 Trespass Note on Subsidiary Legislation This Chapter contains no subsidiary legislation. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Trespass Chap. 11:07 3 CHAPTER 11:07 TRESPASS ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Persons found in or about enclosed yard or cultivated lands, etc., at night. 4. Trespass on lands where notice is placed or refusing to quit. 5. Fastening vessel, etc., to private wharf or landing place, where notice is placed. 6. Offenders may be apprehended. 7. Timber, etc., may be detained. Timber, etc., to be deemed property of person on whose land it may be found. 8. Constables to assist in apprehension of offenders. 9. Cases wherein question of title to land arises. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 4 Chap. 11:07 Trespass CHAPTER 11:07 TRESPASS ACT An Act for the prevention of wilful trespass on lands. [10TH NOVEMBER 1852] 1. This Act may be cited as the Trespass Act. 2. In this Act— “night-time” includes any time between seven o’clock in the evening of one day and six o’clock in the morning of the next day; “owner” includes the tenant, occupier, or other person having the possession of any land. 3. Any person found in the night-time in any enclosed yard, garden, or ground, or in any cultivated lands, or in or about the works of any plantation, oilfield, refinery or oil tank farm, who, on being taken before a Magistrate or Justice, fails to make it appear to the satisfaction of such Magistrate or Justice that he had some reasonable cause or excuse for being in the place where he was found, is liable to imprisonment for three months. 4. Any person found at any time in any lands on which, or near to which, there is stuck up in some conspicuous place a notice in legible letters forbidding all persons to trespass, not having some reasonable cause or excuse for being in the place where he is found, or, in the absence of such notice, any person found in any lands, who refuses to quit the same upon request by the owner of the lands, or his servant, is liable on summary conviction to a fine of two hundred dollars. However, every labourer or other servant having or occupying any house or cottage, or any room in any house or cottage, on any lands, and the members of his family actually residing there with him, shall not be liable to any punishment under this Act by reason of his or their passing along or upon any road, path, or way leading from any public high road to such house or cottage. 1950 Ed. Ch. 4. No. 18. 16 of 1852. Commencement. Short title. Interpretation. Persons found in or about enclosed yard or cultivated lands, etc., at night. Trespass on lands where notice is placed, or refusing to quit. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Trespass Chap. 11:07 5 5. Any person who fastens any vessel, boat, or craft to any private wharf or landing place, or lands, places or puts any matter or thing whatsoever upon any such wharf or landing place, on which, or near to which, there is stuck up a notice in legible letters forbidding all persons to trespass, is liable on summary conviction to a fine of two hundred dollars. 6. Any constable, or the owner of the lands upon which such offence is committed, or his servant, or any person authorised by the owner, may seize and apprehend such offender upon such lands, or, in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him as soon as may be into the custody of a constable to be dealt with according to law. 7. The owner of any lands, or his servant, or any person authorised by him, may seize and detain any timber, lumber, wood, underwood, charcoal, sugar canes, cocoa, coffee or other produce which is found upon the land of the owner, and which there is reasonable cause to suspect has been felled, cut, burned or prepared upon such lands, and also may seize and detain any boat, cart, carriage, horse, ox, mule or other animal employed in or for the purpose of carrying or removing the same, and cause the same to be taken to the nearest Police Station; and such timber, lumber, wood, underwood, charcoal, sugar canes, cocoa, coffee or other produce shall be deemed the property of the owner of the lands, and may be disposed of as he thinks fit; and such boat, cart, carriage, horse, ox, mule or other animal shall be forfeited to the State, and may be sold by the order of any Magistrate or Justice and the proceeds of sale shall be paid to the Comptroller of Accounts unless within three days from the day of the seizure the owner claims the same, and within the said term of three days, or such further term as the Magistrate or Justice may allow, proves to the satisfaction of the Magistrate or Justice that such timber, lumber, wood, underwood, charcoal, sugar canes, cocoa, coffee or other produce so seized was not felled, cut, burned or prepared on the lands on which it was seized. Fastening vessel, etc., to private wharf or landing place, where notice is placed. Offenders may be apprehended. Timber, etc., may be detained. Timber, etc., to be deemed property of person on whose land it may be found. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 6 Chap. 11:07 Trespass 8. Every constable shall assist in the apprehension of any person found committing any offence against this Act whenever required to do so by the owner, or any servant of the owner, of the lands upon or in respect of which the offence is committed. 9. Nothing contained in this Act shall authorise any Magistrate or Justice to determine any case of trespass in which any question arises as to the right or title to any lands or any interest therein or accruing therefrom. Constables to assist in apprehension of offenders. Cases wherein question of title to land arises. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011