THE RIGHTS OF A COMMON LAW SPOUSE

CHAPTER 11:07
TRESPASS ACTAn Act for the prevention of wilful trespass on lands.
[10
TH 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 theevening of one day and six o’clock in the morning of thenext day;“owner” includes the tenant, occupier, or other person having thepossession 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 theworks of any plantation, oilfield, refinery or oil tank farm, who,on being taken before a Magistrate or Justice, fails to make it appearto the satisfaction of such Magistrate or Justice that he had somereasonable cause or excuse for being in the place where he wasfound, is liable to imprisonment for three months.
4.
Any person found at any time in any lands on which, ornear to which, there is stuck up in some conspicuous place a noticein legible letters forbidding all persons to trespass, not having somereasonable 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 thelands, or his servant, is liable on summary conviction to a fine oftwo hundred dollars. However, every labourer or other servanthaving or occupying any house or cottage, or any room in anyhouse or cottage, on any lands, and the members of his familyactually residing there with him, shall not be liable to anypunishment under this Act by reason of his or their passing alongor upon any road, path, or way leading from any public high road
to such house or cottage.

5.
Any person who fastens any vessel, boat, or craft to anyprivate wharf or landing place, or lands, places or puts any matteror thing whatsoever upon any such wharf or landing place, onwhich, or near to which, there is stuck up a notice in legible lettersforbidding all persons to trespass, is liable on summary convictionto a fine of two hundred dollars.
6.
Any constable, or the owner of the lands upon whichsuch offence is committed, or his servant, or any person authorisedby the owner, may seize and apprehend such offender upon suchlands, or, in case of pursuit being made, in any other place towhich he may have escaped therefrom, and to deliver him assoon as may be into the custody of a constable to be dealt withaccording to law.
7.
The owner of any lands, or his servant, or any personauthorised by him, may seize and detain any timber, lumber, wood,underwood, charcoal, sugar canes, cocoa, coffee or other producewhich is found upon the land of the owner, and which there isreasonable cause to suspect has been felled, cut, burned or preparedupon such lands, and also may seize and detain any boat, cart,carriage, horse, ox, mule or other animal employed in or for thepurpose of carrying or removing the same, and cause the same tobe taken to the nearest Police Station; and such timber, lumber,wood, underwood, charcoal, sugar canes, cocoa, coffee or otherproduce 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, andmay be sold by the order of any Magistrate or Justice and theproceeds of sale shall be paid to the Comptroller of Accounts unlesswithin three days from the day of the seizure the owner claims thesame, and within the said term of three days, or such further termas the Magistrate or Justice may allow, proves to the satisfactionof the Magistrate or Justice that such timber, lumber, wood,underwood, charcoal, sugar canes, cocoa, coffee or other produceso seized was not felled, cut, burned or prepared on the lands on
which it was seized.

8.
Every constable shall assist in the apprehension of anyperson found committing any offence against this Act wheneverrequired to do so by the owner, or any servant of the owner, of thelands upon or in respect of which the offence is committed.
9.
Nothing contained in this Act shall authorise anyMagistrate or Justice to determine any case of trespass in whichany question arises as to the right or title to any lands or any interest
therein or accruing therefrom.

Extracted From : Trinidad Guardian Newspaper
Law Made Simple