Trespass Act

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TRESPASS

THE TRESPA SS ACT

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Cap. 392.A&17of19112

1. This Act may be cited as the T respass Act. Short title.PART I . Trespussupon Premises

2 . - ( 1 ) If any person shall commit a trespass by entering,without lawful authority, the premises of any private resident or cuaivatedupon land be longing to any proprietor or occupier- laud.17/19823rd Sdl.(U) which is enclosed; or(b) which is in any manner cultivated or on which anyagricultural activity is being carried out,he shall be guilty of an offence.

(2) Any person who is found guilty of an offenceagainst subsection (1) shall be liab le on summary conviction ina Resident Magistrate's Court-(U) where the offence was committed at night, to a finenot exceeding forty thousand dollars or three timesthe value of the damage done during the course of thetrespass, whichever is the greater, or in default ofpayment thereof to imprisonment for a term notexceeding two years; o r(b) where the offence was committed by day, to a fine notexceeding twenty thousand do llars or three times thevalue of the damage done during the course of thetrespass, whichever is the greater, or in default ofpayment thereof to imprisonment for a term not

exceeding one year.3. If any person shall enter and trespass upon the premisesof any private residence, or on any land of any proprietor oroccupier, without lawful authority, or with-

10/2000S. (a).

10/2000s. 2@).

Trcspassen,may berequired toquit premises,etc.

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10/2000s.3.

Trespassforpur-pose ofdestroy-ingtrees,&C.10/2000s. 4.

out the leave or permission of such proprietor or occupier, itshall be lawful for such proprietor or occupier, or his or herservants, to require the person or persons so trespassingforthwith to quit the premises, or the land whereon he, she orthey shall be trespassing, and also to tell his or her Christianname, surname and place of abode; and in case such trespassershall, after being required, refuse to tell his o r her real name andplace of abode, or shall give a false or illusory account ofhimself o r herself, or shall wilfully continue upon, or return to,the said premises or land, or any part thereof, it shall be lawfulfor the proprietor or occupier, and his servants, to apprehendsuch offender or offenders, and cause him, her or themforthwith to be taken o r carried before a Justice of the parish inwhich such offence is comm itted, who is hereby em powered tobind him, her, or them over to appear before a court of summaryjurisdiction, and every offender as aforesaid shall be liable onsummary conviction in a Resident Magistrates C ourt to apenalty not exceeding ten thousand dollars or to imprisonmentfor a term not exceeding six months.

4 . - ( 1 ) A person comm its an offence if he trespasses uponany unenclosed land for the purpose of-(U) damaging or destroying any tree;(b) cutting wood o r grass; or(c) stealing and taking or carrying away any h i t or rootused as food for human beings o r animals.

(2) A person commits an offence if he fixes or placesupon any pole, tree or land, without the consent of theproprietor or occupier of that land, any spring trap or otherengine, instrument or contrivance, designed to capture, destroyor cause bodily injury to any bird coming into contacttherewith.[We nclusion of this page is authorized by L.N. 3120021


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(3) Any person who commits and offence undersubsection (1) shall be liable on summary conviction before aResident M agistrate to a fine not exceeding ten thousand dollarsor three times the value of the damage done during the cou rse ofthe trespass, whichever is the g reater and in default of paymentthereof, to imprisonment for a term not exceeding one year.

(4) A person who commits an offence againstsubsection (2) shall be liable on summary conviction before aResident Magistrate to a fine not exceeding one thousanddollars.

Cl5 . If any person shall be found passing along any private roadthrough any lands or premises of any proprietor or occupier,with a lethal weapon o r lighted torch, during the night, withoutthe consent of the proprietor or occupant, every such personshall be liable on summary conviction in a ResidentMagistrates Court, to a penalty not exceeding ten thousand

dollars or to imprisonment for a term not exceeding six months.6. If any person shall enter upon and occupy any landsbelonging to, or in the possession of, any person, without theleave of the proprietor or person in lawful possession thereof, itshall be la w h l for any Justice of the parish in which the offencewas committed, by warrant under his hand and seal, and whichwarrant the said Justice is hereby required to grant, upon oath

being made before him charging any such trespasser withhaving, without just claim, o r apparent title, entered upon andoccupied, or taken possession of any such lands, to cause suchtrespasser to be brought before a Resident Magistrates Courtwhich is hereby authorized and empowered, on conviction, tocause such trespasser to be removed from the possession of thesaid land, and to inflict a penalty, not exceeding five hundredthousand dollars, upon such offender.7. No court shall proceed to convict any person named ofbeing a trespasser, or inflict any fine upon, or give any order

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Passing alongprivate roadduringnightwith a gunwithout con-salt ofl0/2000S. 5(a).10/2000S. S(b).Squatters.

OWIXX.

17/19823rd sch.

10/2000S. 6(a)

No person t oed who ha shad quitepos-session for aY W .

be dispossess-

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to dispossess such occupier, by or under the authority of thisAct, if it shall appear to the said court that the party or partiesagainst whom such complaint is made hath or have been, byhimself or themselves, or by those under whom he or they claimtitle, in the quiet possession of the land or premises mentionedor referred to in any such information for one year before thedate thereo c or that such party or parties hath or have any justclaim, or app kent title, to such lands, or the occupation thereof

Defmitim. 8. In the foregoing sections, when the word proprietor, oroccupier, or either of them is used, it shall be held to includeand be applicable to tenants, lessees, and procuration attorneys,and agents, as well as o proprietors or occupiers.

Executormay brigaction forinjury toreal estateof deceased.

Action maybe broughtagainstexecutor forinjury toProPdY byteaator.

Action by Executors, etc.9. An action o f trespass, or trespass on the case, as the casemay be, may be maintained by the executors or administratorsof any person deceased for any injury to the real estate of suchperson committed in his lifetime, for which an action mighthave been maintained by such person, so as such injury shallhave been committed within six months before the death ofsuch deceased person, and provided such action shall bebrought within one year after the death of such person; and thedamages, when recovered, shall be part of the personal estate

of such person; and further, an action of trespass, or trespass onthe case, as the case may be, may be maintained against theexecutors or administrators of any person deceased for anywrong comm itted by him in his lifetime to another, in respect ofhis property, real o r personal, so as such injury shall have beencommitted within six months before such persons death, and soas such action shall be brought within six months after suchexecutors or administrators shall have taken upon themselvesthe adm inistration of the estate and effects of such person; andthe damages to be recovered in such action shall be payable inlike order o f administration as the simple contract debtsof suchperson.

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Entering on Land or Purpose of Hunting, etc.10. Any person who commits any trespass by entering upon Ed$;mthe premises of any private residence or upon any land without purposeofleave of the proprietor, tenant or occupier for the purposes of purpo etc.

hunting, shooting, or otherwise, shall be guilty of an offence s.7.and liable on summary conviction in a Resident MagistratesCourt o a fine not exceeding twenty thousand dollars.Assault by Trespassers

11. Any person who, in the act of committing a trespass, zy;shall resist by violence or assault any person occupying private trespassers.premises or land, or the servant of or any person authorized by, ioFmsuch person, shall be guilty of an offence and liable onsummary conviction in a Resident Magistrates Court to a finenot exceeding twenty thousand dollars or to imprisonment for aterm not exceeding two years.PART II. Cattle Trespass

12. It shall be the duty of the proprietor of any stock to take zimofproper and effective measures to prevent such stock fiom a d t otrespassing on to the land of other persons, and subject to the EGz$provisions hereinafter contained, such proprietor shall be ingresponsible in damages in respect of any injury done by suchstock trespassing on to the land of other persons:

Provided always that within forty-eight hours of thediscovery of such injury the party aggrieved shall give notice ofthe nature thereof to the proprietor or person in charge of th estock causing the same, and shall thereafter allow him and hisvaluators fi.ee ingress to the land at all reasonable times for thepurpose of inmng the same; and shall, if mpired, point outthe location of the damages oomplained of: and i& on thehearing of any action brought tom v e r any such damages asaforesaid, it shallappearthatthe plaintiff has failed to give

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As o tres-pass byanimalsbeing drivenalong apub lic road.

Evidence madions fortrespass bySlOdC.

Making OTleavingopeningstoenable stockto trespass.

Punishment.

10/2OOoS. I(a)(b).

such notice as aforesaid, or having failed to give such noticeshall not account for such fa ilure to the satisfaction of the court,or that the plaintiff has obstructed the defendant or his valuatorsin their inspection of the alleged damage, the plaintiff shall benon-suited.

13. No person in occupation of any land abutting on a publicroad shall be entitled to recover any damages in respect of anytrespass on such land by any stock while the same are beinglawhlly driven on such road, under proper care and control,unless such land is secured by a fence along such road sufficientto keep out ordinary stock of the class of animals committingthe trespass.

The onus of showing that any stock were being so driven asaforesaid shall lie on the owner of the stock.14. If in any action brought to recover any damages under

this Act, the owner of the stock shall prove that his land isenclosed by good and sufficient fences, and that he has adoptedall other reasonable and proper precautions for the confinementof his stock, and that they have nevertheless, through somecause or accident beyond his control and which he could notreasonably have provided against, escaped fiom his land, theparty complaining shall not be entitled to recover any sumunless he can show that he has fenced his land with a fencesufficient to keep out ordinary tame cattle and horsekind.

15. Any person who shall wilfblly open or leave open anygate, or break down or injure any fence or other contrivanceprovided for the purpose of confining any stock, with intent toallow such stock to trespass off he, land on which the same isconfined, shall be liable, on conviction in a ResidentMagistrate's Court, to imprisonment with or without hardlabour for a period not exceeding two years or to a fine notexceeding twenty thousand dollars or three times the value ofthe damage done, whichever is the greater, and in default ofpayment thereof, to imprisonment for a term not exceedingthree years.

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16. In this Part the word "stock" shall include horsekind,cattle, sheep, pigs, goats and poultry.17. The Minister may by order subject to affirmative ment ofpenalties.

10/2000s. 9.resolution, amend any penalty provided under this Act.

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Documents

Trespass Act