Trespass Act 1753

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AT 2 of 1753

TRESPASS ACT 1753

Trespass Act 1753 Index


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c i e
TRESPASS ACT 1753

Index Section Page

1 Jury of Enquiry ................................................................................................................ 5
2 Trespass - Jury of Enquiry ............................................................................................. 5
3 Cutting Trees, throwing down Fences, wilful Trespass - Fine and
Extraordinary Damage ................................................................................................... 5
4 [Repealed] ........................................................................................................................ 6
5 Damages to be recovered by Execution ....................................................................... 6
6 Traverse ............................................................................................................................ 6
ENDNOTES 7

TABLE OF LEGISLATION HISTORY 7
TABLE OF RENUMBERED PROVISIONS 7
TABLE OF ENDNOTE REFERENCES 7

Trespass Act 1753 Section 1


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c i e
TRESPASS ACT 1753

Received Royal Assent: 8 January 1753
Passed: 8 January 1753
Commenced: 8 January 1753
AN ACT
for the better preventing Petty Larceny and Trespass.1

1 Jury of Enquiry

That hereafter in all Complaints of Trespass whatsoever clandestinely
committed by Persons, Horses, Sheep, or other Cattle unknown, the Party
Complainant may apply to and it shall be lawful for the High Court to grant the
said Party injured a Process to the proper Officer for a Jury of Enquiry to
enquire of and discover the Offender or Offenders who did the Fact complained
of by Examinations upon Oath in Manner following:2

2 Trespass - Jury of Enquiry

And in Complaints of Trespass of the Nature aforesaid, all suspected Persons
and others, and all Owners of Horses, Sheep, and other Cattle summoned or
charged to the Jury of Enquiry, (which in that Case is to consist of four Men),
shall and are hereby obliged to give their Oaths in like Manner for the
Discovery of the Trespassers who committed the Trespass complained of,
whether it be by themselves or others, or by their own Horses, Sheep, or Cattle,
or those of others; and if any refuse, he or they so refusing shall be deemed
guilty thereof; or if the Trespass be found by the Jury, they shall verdict; and in
either Case leave the Offenders to the Discretion of the Court to be fined with
Damages of four Times the value to the Party injured, estimating the same to the
full Worth at their Peril.
3 Cutting Trees, throwing down Fences, wilful Trespass - Fine and

Extraordinary Damage

Provided always, and be it further enacted, That if the Complaint be for cutting,
spoiling, or destroying any Tree or Plantation of Trees, or any Sett, Plant, or
Graft, or for throwing down or breaking into any Inclosure or Inclosures with or
by their Cattle, Horses, or other Goods, by Night or by Day, or other wilful
Section 4 Trespass Act 1753


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Trespass; or if any Person or Persons shall on Purpose, or by want of due and
proper Care, suffer their Cattle, Horses, or other Goods to stray or wander out
into the Highways or other Places in the Night Time, whereby they become
Trespassers on their Neighbours, or if any other secret or unconscionable
Trespass or Trespasses shall be done or committed, (in all which Cases the
suspected Offender or Offenders, if thereunto required, shall be obliged to give
Oath as aforesaid), then such Offender or Offenders shall not only incurr a
severe Fine to the Lord, but shall also for every Tree, Sett, Plant, or Graft so cut,
spoiled, or destroyed, pay the Party injured 100p for extraordinary Damage,
and 50p extraordinary Damage for every such other clandestine or wilfull
Trespass so committed as aforesaid, over and besides the fourfold Damages
above mentioned;3

4 [Repealed]
4

5 Damages to be recovered by Execution

And be it further enacted by the Authority aforesaid, That all and every the
Damages before mentioned shall be recoverable by Execution from the High
Court upon Sight of a Copy of the Verdict from Record, and levyed by Way of
Distress of the Goods and Chattels of the Offenders without further Suit or
Accon.5

6 Traverse

Provided nevertheless, that any Person finding himself aggrieved may be
allowed to traverse such Jury’s Verdicts according to the accustomed Course of
Proceeding in such Cases.
Trespass Act 1753 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Short title given by Pre-Revestment Written Laws (Ascertainment) Act 1978 Sch.
Ss 1 to 6 in so far as they relate to trespass confirmed by Pre-Revestment Written Laws
(Ascertainment) Act 1978 Sch. 2
S 1 repealed as to larceny by Criminal Code 1817 and amended by High Court Act
1991 Sch 3. 3
S 3 amended by Decimal Currency (Isle of Man) Act 1970 s 9. 4
S 4 repealed by Criminal Damage Act 1981 Sch. 5
S 5 amended by High Court Act 1991 Sch 3.