Small Trespass Act (No. 12 of 1891)

LAWS OF ANTIGUA AND Small Trespass 407 1 CHAPTER 407 THE SMALL TRESPASS ACT Arrangement of Sections Section 1. Short title. 2. Interpretation. Magistrates' jurisdiction ousted when question of title involved. 4. Magistrates to have civil jurisdiction in certain cases of trespass. 5 . Magistrate may order restitution of property wrongfully detained or its value up to $100. 6. Trespass to land. 7. Trespass to land by animals. 8. Common law of England to apply. SMALL TRESPASS (1st March, 1892.) This Act may be cited as the Small Trespass Act. In this Interpretation. "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. 3. BARBUDA (CAP. 12/1891. 23/1932. S.R.O. 22/1956. 17/1961. 1 Short title . . 2. Act LAWS OF ANTIGUA AND BARBUDA 2 CAP. 407) Small Trespass Magistrates' 3. Nothing in this Act shall give jurisdiction to any juris di ction ousted when Magistrate to decide any matter where a question of title to land or of a right of way or other easement is involved and when a Magistrate trying a case under this Act is satisfied that such question as aforesaid is involved he shall abstain from giving any decision thereon and may either dismiss the case or adjourn it until such question as aforesaid has been decided by a competent Court according as to him may seem just. Magistrates to 4. (1) A Magistrate shall have jurisdiction to try and have civil determine civil claims in respect of the following certain cases of trespass. ( a ) Where any personal property the value of which does not exceed one dollars is unlaw fully detained by any person; (b ) Where any person commits a trespass to land; (c) Where any animal causes any damage by tres passing on any land and the amount of damage alleged to have been done does not exceed one hundred dollars. Cap. 255. ( 2 ) Except as in this section otherwise provided the provisions of the Magistrate's Code of Procedure Act relat ing to civil proceedings apply to all matters brought before a Magistrate under this section: Provided that any judgment or order given or made in any such civil claim as aforesaid shall be enforced in the manner provided by the said Act for the enforcing of the payment of a fine or of an order made on complaint. Magistrate may order restitution Where any personal property as aforesaid is detained as aforesaid the Magistrate may order the of the same to the person having the right to the pos t~ session of the same or he may give judgment for the value of the same to an amount not exceeding one hundred dollars. Trespass to land. 6. Where any person has committed a trespass to land the Magistrate may give judgment in respect of such trespass for an amount by way of damages not exceeding one hundred dollars. title invo1v~cl:" of bona fide jurisdiction in matters hundred shall 5. of property restora wrongfully tion ~~Of$\'tJ0. LAWS OF ANTIGUA AND BARBUDA Small Trespass 407 3 Where any animal causes any damage by trespass ing on any land the Magistrate may give judgment in respect of such trespass for an amount not exceeding one hundred dollars. 8. All trespasses to personal property or to land except where otherwise provided by this Act or any other Act shall be governed by the common law of England. (CAP. 7. TreapaNioland byllllimala. Common law of Ellglalld to apply.