Number and
Date.

No. 101.

No. 31.

Subject-Matter.

Extent of Repeal.

An Act for the summary punishment The whole Act. of common assaults and batteries

and of riotous and disorderly con

duct in the Island of St. Christo-
pher.

An Act to prevent persons driving The whole Act.
furiously and improperly in the
streets and highways of this Island
and from casting rubbish in and
obstructing the same, and to oblige
every occupier of any land, house,
or other tenement in the Town of
Basseterre to keep sufficiently swept
and cleaned all streets adjoining the
premises occupied by him or her.

An Act for the better prevention of The whole Act.
fire in the town of Basseterre.

"Most common trespasses.”—' King Lear.' ACT II. SCENE II.

Short title.

Repeal.

Interpretation clause.

Magistrates'
Jurisdiction

ousted when

question of title involved.

Magistrates to have civil jurisdiction in certain cases of trespass.

LEEWARD ISLANDS, ACT No. 12, 1891.

An Act to consolidate the law relating to small trespasses.
[1st March, 1892.]

Be it enacted by the Governor and the General Legislative
Council of the Leeward Islands as follows:—

1. This Act may be cited as the Trespass Act, 1891.

2. The Acts and Ordinances set forth in the Schedule hereto are hereby repealed.

3. In this Act

The word "animal" means any camel, horse, mule, ass, ox, sheep, goat, or swine, and includes feathered stock. The expression "feathered stock" means fowls, turkeys, peafowls, ducks, geese, and guinea-birds.

The word "Magistrate " means a District Magistrate.

4. Nothing in this Act shall give jurisdiction to any Magistrate to decide any matter, where a bonâ fide 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.

5. A Magistrate shall have jurisdiction to try and determine civil claims in respect of the following matters :

(1.) Where any personal property, the value of which
does not exceed £5, is unlawfully detained by any
person:

(11.) Where any person commits a trespass to land :
(III.) Where any animal causes any damage by trespassing

on any land, and the amount of damage alleged to
have been done does not exceed £5:

cedure Act,

And, except as is in this section otherwise provided, the Magistrates' provisions of the Magistrates' Code of Procedure Act, 1891 Code of Prorelating to Civil Proceedings, shall apply to all matters 1891, to apply. brought before a Magistrate under this section. Provided Proviso. always 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. (a)

6. Where any personal property as aforesaid is detained Magistrate as aforesaid the Magistrate may order the restoration of the same to the person, having the right to the possession of the same or he may give judgment for the value of the same, to an amount not exceeding £5.

restitution of property wrongfully detained or its value up to £5

Trespass to

7. Where any person has committed a trespass to land the Magistrate may give judgment in respect of such trespass land. for an amount by way of damages not exceeding £5.

8. Where any animal causes any damage by trespassing Trespass to on any land the Magistrate may give judgment in respect land by of such trespass for an amount not exceeding £5.

9. All trespasses to personal property, or to land, except where otherwise provided by this Act, or any other Act, whether general, or local, shall be governed by the Common Law of England.

(a) See sects. 4, 124, and 128 of the Magistrates' Code of Procedure Act, 1891.

animals.

Common law of England to apply.

NOTE ON THE LAW OF TRESPASS.

The Trespass Act, 1891, confers on a Magistrate jurisdiction to try, on the Civil side of his Court, claims in respect of

I. The unlawful detention (b) of personal property, not exceeding £5 in value.

[In which case the Magistrate may in his discretion

(i.) Either order the specific return of the property; or (ii.) Order the Defendant to pay the value of the property up to £5 by way of damages.]

II. A trespass to land.

1. Committed by any person.

[In which case the Magistrate may order the defendant to pay damages up to £5.]

2. Committed by any animal, as defined by the Act.

[In which case he may order the owner of the animal to pay damages up to £5.]

I. The detention must be an adverse, or wrongful, detention.

The plaintiff must show that he has either an absolute, or a special, right to the immediate possession of the goods. There must be evidence

(i.) Either that the goods were at one time in the plaintiff's possession, and that the defendant has taken them away from him;

(ii.) Or that the plaintiff delivered them to the defendant, and afterwards requested him to hand them back, and the defendant refused to do so.

It is no answer for the defendant to say that he is unable to hand over the goods by reason of his own negligence, or wrongful actor that he has abandoned the possession, or

(b) The old action in detinue was in form one of contract, being founded on the fiction that the Plaintiff had bailed the goods, sought to be recovered, to the Defendant, who refused to give them up. It has, however, been held that, though in form one of coutract, it was founded on a tort (Bryant v. Herbert, 3 C. P. 1). 389). This is now, however, a matter of little more than archæological interest.