LAWS OF ANTIGUA AND JURBUDA
Small Trespass (CAP. 407 1
CHAPTER 407
THE SMALL TRESPASS ACT
Arrangement of Sections
Section
1. Short title.
2. Interpretation.
3. 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.) 12/1891. 23/1952.
S,K.8.22/1956.
17/1961.
1. This Act may be cited as the Small Trespass Act. tide.
2. In this Act- 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.
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 question of Magistrate to decide any matter where a bonb fide question
ti*einv01ved. 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
jurisdiction in determine civil claims in respect of the following matters-
certain cases of
trespass. ( a ) Where any personal property the value of
which does not exceed one hundred 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 shall 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
5. Where any personal property as aforesaid is
of property detained as aforesaid the Magistrate may order the restora-
wrongfully
de&,ori, tion of the same to the person having the right to the pos-
value UP t~ $100. 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.
LAWS OF ANTIGUA AND BARBUDA
Small Trespass (CAP. 407 3
7. Where any animal causes any damage by trespass- T ~ P W land
by d m & .
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 a m m o n h o f
co apply.
except where otherwise provided by this Act or any other
Act shall be governed by the common law of England.
