TRESPASS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Trespass upon Premises

   2   Trespass on enclosed or cultivated land

   3   Trespasser may be required to quit premises, etc

   4   Trespass for purpose of destroying trees, etc

   5   Passing along private road during night with a gun without consent of owner

   6   Squatters

   7   No person to be dispossessed who has had quiet possession for a year

   8   Definition

 

Action by Executors, etc

   9   Executor may bring action for injury to real estate of deceased

      Action may be brought against executor for injury to property by testator.

 

Entering on Land for Purpose of Hunting, etc

   10   Entering on land for purpose of hunting, etc

 

Assault by Trespassers

   11   Assault, etc, by trespassers

 

PART II
Cattle Trespass

   12   Duty of proprietor of stock to prevent them from trespassing

   13   As to trespass by animals being driven along a public road

   14   Evidence in actions for trespass by stock

   15   Making or leaving openings to enable stock-to trespass

      Punishment.

   16   "Stock" defined

   17   Amendment of penalties

 

THE TRESPASS ACT

[Date of Commencement: 1851]

Cap 392.

Acts
17 of 1982,
10 of 2000.

1   Short title

   This Act may be cited as the Trespass Act.

PART I
Trespass upon Premises (sections 2-11)

2   Trespass on enclosed or cultivated land

   (1) If any person shall commit a trespass by entering, without lawful authority, the premises of any private resident or upon land belonging to any proprietor or occupier-

[17/1982 3rd Sch.]

   (a)   which is enclosed; or

   (b)   which is in any manner cultivated or on which any agricultural activity is being carried out,

he shall be guilty of an offence.

   (2) Any person who is found guilty of an offence against subsection (1) shall be reliable on summary conviction in a Resident Magistrate's Court-

   (a)   where the offence was committed at night, to a fine not exceeding forty thousand dollars or three times the value of the damage done during the course of the trespass, whichever is the greater, or in default of payment thereof to imprisonment for a term not exceeding two years; or

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[10/2000 s 2(a).]

   (b)   where the offence was committed by day, to a fine not exceeding twenty thousand dollars or three times the value of the damage done during the course of the trespass, whichever is the greater, or in default of payment thereof to imprisonment for a term not exceeding one year.

[10/2000 s 2(b).]

3   Trespasser may be required to quit premises, etc

   If any person shall enter and trespass upon the premises of any private residence, or on any land of any proprietor or occupier, without lawful authority, or without the leave or permission of such proprietor or occupier, it shall be lawful for such proprietor or occupier, or his or her servants, to require the person or persons so trespassing forthwith to quit the premises, or the land whereon he, she or they shall be trespassing, and also to tell his or her Christian name, surname and place of abode; and in case such trespasser shall, after being required, refuse to tell his or her real name and place of abode, or shall give a false or illusory account of himself or herself, or shall wilfully continue upon, or return to, the said premises or land, or any part thereof, it shall be lawful for the proprietor or occupier, and his servants, to apprehend such offender or offenders, and cause him, her or them forthwith to be taken or carried before a Justice of the parish in which such offence is committed, who is hereby empowered to bind him, her, or them over to appear before a Court of summary jurisdiction, and every offender as aforesaid shall be liable on summary conviction in a Resident Magistrate's Court to a penalty not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months.

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