Advanced Search

Agricultural Contracts

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Agricultural Contracts
AGRICULTURAL CONTRACTS ACT

CHAPTER 63:50

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–32 ..

L.R.O.

Act
36 of 1925

Amended by
2/1963

*24 of 1981

*See Note on Amendment on page 2

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 63:50 Agricultural Contracts

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

Note on Amendment
Sections 4, 18, 19, 20, 21, 24 and 33 of this Act have been amended by Act No. 24 of 1981.
However, Act No. 24 of 1981 had not up to the date of the revision of this Act been brought
into operation.

Note on Adaptation
1. Certain fees in this Chapter were increased by the Commission under paragraph 4 of the

Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference
in the form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by
which the President’s approval was signified).

2. Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the
Commission amended certain references to public officers in this Chapter. The Minister’s
approval of the amendments was signified by LN 52/1980, but no marginal reference is made
to this Notice where any such amendment is made in the text.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 3

CHAPTER 63:50

AGRICULTURAL CONTRACTS ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.

AGRICULTURAL CONTRACTS—GENERALLY
3. Agricultural contracts.
4. Rights of contractor.
5. Duties of contractor retaining possession.
6. Trees or plants to be owner’s property during contract.
7. Owner may impound animals of contractor.
8. Liability for existing contracts on sale or devolution of estate.
9. Contracts entered into subsequently to a mortgage on the estate.

Mortgagee may pay off contractor.
10. Illegal stipulations.
11. Taxes.
12. Right of owner in case of illness or other disability of contractor.
13. Contractor dying intestate and without next of kin.
14. Inspection of land.
15. Erection of buildings.

REGISTERED CONTRACTS
16. Registration of written contracts.
17. Fees.
18. Contracts in writing to be registered and filed.
19. Registration of contracts.
20. Register of contracts.

Searches.
21. Certified copies of contracts.
22. Assignment of contract.
23. Discharging contracts.
24. Note of assignment, etc., to be made on contract.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

4 Chap. 63:50 Agricultural Contracts

ARRANGEMENT OF SECTIONS—Continued

SECTION

CLAIMS IN RESPECT OF
REGISTERED CONTRACTORS

25. When owner may sue for possession of land.
26. Rights of parties on determination of contract.
27. Set-off and counterclaim.
28. Joinder of claims.
29. Powers of the Court.
30. Hearing of counterclaim.
31. Court may grant time to put contract in order.
32. Payment of compensation delayed.
33. Evidence of registered contracts.

UNREGISTERED CONTRACTS
34. Unregistered contracts.

PROCEDURE AND GENERAL PROVISIONS
35. Warrants of possession.
36. Protection of officers.
37. Action for irregularity in obtaining possession.
38. Procedure under section 9(4).
39. Court may appoint persons to report.
40. Jurisdiction of Petty Civil Courts.
41. Application of the Petty Civil Courts Act.
42. Payment into Court.
43. Where no jurisdiction.
44. Certiorari.
45. Rehearing.
46. Appeal.
47. Notes of evidence.
48. Powers of managers, etc.
49. Costs.
50. Jurisdiction of High Court.
51. Remitting action to be tried by inferior Court.
52. Removal of claims to High Court.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 5

53. Costs.
54. Security for costs.

Scale of costs.

SERVICE OF PROCESS AND FEES, ETC.
55. Service of process.
56. Fees.

Paupers.
57. Limitation of time for prosecution.
58. Forms.
59. Existing contracts.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.

SECTION

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

6 Chap. 63:50 Agricultural Contracts

CHAPTER 63:50

AGRICULTURAL CONTRACTS ACT

An Act relating to Agricultural Contracts.

[18TH JUNE 1925]

1. This Act may be cited as the Agricultural Contracts Act.

2. In this Act—
“agricultural contract” and “contract” mean an agreement whereby

a person called a contractor is let into possession of a parcel
of land by the owner for the purpose of bringing such parcel
of land into cultivation or for the bona fide purpose of
extending the cultivation on the land, in accordance with the
terms of such agreement, and includes all contracts whether
entered into before or after the commencement of this Act
and whether registered or unregistered, but shall not include
any agreement relating to the cultivation of sugarcane;

“bailiff” means the bailiff attached to the Court and includes his
assistants;

“claim” means any action, suit or other proceedings brought or
taken under this Act;

“Clerk” means the Clerk of the Peace or Assistant Clerk of the
Peace attached to the Petty Civil Court;

“Court” means the Court in which any claim is brought or is being
prosecuted, and includes the Judge, or, in the case of the High
Court, a Judge of such Court;

“cultivate” means clearing, sowing, planting, draining, cleaning,
weeding or any agricultural work whatsoever done upon
lands under contract;

“defendant” means any person against whom relief of any sort is
claimed under this Act;

“functionary” includes any Magistrate or Justice, and any public
officer duly appointed by the Minister to be a functionary
under this Act;

1950 Ed.
Ch. 23. No. 6.
36 of 1925.

Commencement.

Short title.

Interpretation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 7

“Judge” means the Judge of the Petty Civil Court of the district
in which the lands under contract or any portion of such lands
are situate;

“judgment” and “order” mean any judgment, decision, direction,
ruling, finding or order made by the Court;

“owner” means the proprietor of any land given out or part of
which is given out, under a contract to be cultivated by a
contractor, or the duly authorised agent or manager for the
time being of such owner, or the person in whom such lands
shall from time to time be vested, or his duly authorised agent
or manager for the time being;

“plaintiff” means any person claiming relief of any sort against a
defendant under this Act;

“registered” means registered under this Act;
“registered contractor” means a contractor whose contract is

registered;
“unregistered contractor” means a contractor whose contract is

not registered.

AGRICULTURAL CONTRACTS — GENERALLY

3. Nothing contained in the Masters and Servants Ordinance
shall affect any contract falling within the provisions of this Act.

4. (1) A contract, whether entered into before or after the
commencement of this Act, shall not be deemed or be construed to be
or to create an interest in land; but a contractor shall, subject to the
provisions contained below, be entitled as against the owner to the
possession of the parcel of land in respect of which he has a contract
although such parcel of land may be subject to the Real Property Act,
and although a note of such contract has not been endorsed on the
State grant or certificate of title evidencing title to such land.

(2) The contractor’s right to possession shall include the
right to reap and apply to his own use the provisions on the land
under contract, and the right to reap in the ordinary course of
husbandry and to apply to his own use, unless prohibited by the
terms of his contract, the produce of the trees on such land.

Agricultural
contracts.
Ch. 22. No. 5.
(1950 Ed.).

Rights of
contractor.

Ch. 56:02.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

8 Chap. 63:50 Agricultural Contracts

(3) The contractor shall, subject to the provisions
contained below, be entitled to retain possession until he has been
paid all moneys payable to him by the owner in respect of his
contract or in pursuance of any judgment or order founded on such
contract or the provisions of this Act.

(4) Nothing herein contained shall in any way prejudice
or affect debts due to the State or any right of the State.

5. Where a contractor remains in possession after the
expiration or termination of his contract, the contractor shall
continue to be subject to all the terms and conditions of such
contract in like manner as if such contract had not expired or had
not terminated.

6. Notwithstanding the occupation by the contractor of any
land under contract, and notwithstanding his right of possession,
all such trees, plants or vegetable productions as may be upon it at
the time such contract is entered into, or which may, during the
continuance of the contract, be sown or planted by the contractor
to be delivered over to and be for the benefit of the owner at the
termination of the contract, shall, during such occupation, and
subject to this Act, be and be held to be the property of the owner
for all purposes both civil and criminal.

7. If any animal, whether the property of the contractor or
not, strays and damages the trees, plants or vegetable productions
belonging to the owner, whether such damage be done on the land
held under contract or not, the owner may impound the animal,
and the provisions of the Pounds Act shall apply to all such cases.

8. On the alienation or devolution of ownership of an allotment
of any estate on which land may be held by a contractor, the incoming
owner of such allotment or estate shall, subject to the provisions
contained below, be bound by all contracts existing at the time of
such alienation or devolution, and such incoming owner shall be
liable for the performance of all unfulfilled parts of such contracts
in the same manner and to the same extent as, but for such alienation
or devolution, the former owner would have been liable.

Duties of
contractor
retaining
possession.

Trees or plants
to be owner’s
property during
contract.

Owner may
impound
animals of
contractor.

Ch. 67:03.

Liability for
existing
contracts on sale
or devolution of
estate.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 9

9. (1) The owner of any land subject to a mortgage shall not
enter into any contract save with the written consent of the
mortgagee.

(2) Any person who contravenes subsection (1) is liable
on summary conviction to a fine of one thousand dollars; but no
such contravention shall affect the validity of the contract.

(3) A contract made subsequently to a mortgage shall bind
the mortgagee and any person claiming through him. However,
such mortgagee or other person is not liable to pay for any tree
which was planted prior to the date of the contract and which was
at such date two years old or more, and such mortgagee or other
person is not liable to pay more than half the stipulated price (which
price shall not exceed the price ordinarily paid in the district) for
trees which were planted prior to the date of the contract and which
were at such date less than two years old. The onus of proving the
age of any tree planted before the date of the contract shall be on
the contractor.

(4) Such mortgagee or other person shall be entitled to
pay off such contractor, whether his contract is registered or not,
and to recover possession of the land under contract upon giving
notice to the contractor at any time within three months after taking
possession of the allotment or estate of which the land subject to
such contract forms part, although the term of such contract has
not expired.

(5) Any additional payment to which the contractor is
entitled under the terms of this contract shall be recoverable from
the mortgagor or any other person who may be liable.

(6) Every contract entered into in respect of land subject
to a mortgage shall be registered by the mortgagor within one year
of entry into possession by the contractor under such contract. Any
person who fails to comply with the requirements of this subsection
is liable on summary conviction to a fine of one thousand dollars;
but no such failure shall affect the validity of the contract.

Contracts
entered into
subsequently to
a mortgage on
the estate.

Mortgagee may
pay off
contractor.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

10 Chap. 63:50 Agricultural Contracts

10. If in any contract there is any provision directly or indirectly
respecting the place where or the manner in which or the person or
persons with whom the whole or any part of the earnings due or to
become due to any contractor shall be laid out or expended, such
provision is hereby declared illegal, null, and void; but this section
does not apply to moneys advanced by the owner to the contractor
to be expended upon the cultivation of the land under contract.

11. Notwithstanding any provision to the contrary contained
in the contract, the owner shall pay all rates, taxes and other moneys
due to the State in respect of any parcel of land held under contract
from him, and also in respect of any buildings erected thereon.

12. In the case of continued disability of the contractor arising
from illness, injury or other reasonable cause to maintain his contract
in proper order or to provide for such maintenance, the owner may,
but shall not be obliged to, do any necessary work which should
have been done by the contractor under the terms of his contract,
and the owner may deduct from moneys to come to the contractor
the actual cost of such work exclusive of that of supervision.

13. Where a contractor dies intestate and without next of kin,
the owner shall, within two months from the date of such death,
cause a valuation of the contract to be made, and the owner shall,
after deducting any sum owing to him by the contractor, deposit in
the Post Office Savings Bank such sum as may be found by such
valuation to be due to the deceased contractor, and such deposit
shall discharge the owner pro tanto from any claim or demand
respecting the contract, and all such moneys shall be received at the
said Bank under the name of the contractor with the addition of the
words “contractor, deceased”, and may be drawn from the said Bank
in the manner provided by the Post Office Savings Bank Act.

14. The owner and any person or persons appointed by him,
and any person or persons appointed by the Court, may enter upon
the land under contract at any reasonable times to inspect or to
value the same, and any contractor obstructing or molesting any
such person in so doing is liable on summary conviction to a fine
of two hundred dollars.

Illegal
stipulations.

Taxes.

Right of owner
in case of illness
or other
disability of
contractor.

Contractor
dying intestate
and without next
of kin.

Ch. 79:04.

Inspection of
land.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 11

15. The contractor may, with the consent in writing of the
owner, and upon such part of the land under contract as the owner
may point out to him, erect buildings upon the said lands.

REGISTERED CONTRACTS

16. (1) A contract in writing signed by the parties thereto, in
duplicate, in the presence of and attested by a functionary as a
witness, shall be registered under this Act.

(2) Before the contract is signed as mentioned above, the
functionary before whom it is signed shall explain or cause to be
explained the terms thereof to the parties to the contract, and shall
satisfy himself that the said parties understand the terms and
conditions thereof.

17. There shall be paid on the signing and attestation of each
duplicate as mentioned above the fee set forth in the Second
Schedule. The said fee shall be paid by the owner.

18. (1) Where the contract is not signed before the Judge, it
shall be the duty of the functionary before whom it is signed
forthwith to forward both duplicates to the Judge.

(2) Where the contract is signed before the Judge, or where
any contract has been forwarded to him under subsection (1), the
Judge shall cause one of the duplicates to be securely and safely
filed in his office, and shall forthwith transmit the other to the
Registrar General who shall register it.

19. Upon receipt by the Registrar General of a contract duly
signed and attested as provided for in section 16, such contract
shall be deemed to be registered under this Act.

20. (1) The Registrar General shall keep a book, to be called
the Register Book of Agricultural Contracts, in which all such
contracts received by him as aforesaid shall be properly recorded.

(2) All persons shall be at liberty to search the Register
Book or the file in the office of the Judge, on payment of the
sum of twenty-five cents, and no multiplication of books shall
increase the fee.

Erection of
buildings.

Registration of
written
contracts.

Fees.
Second
Schedule.

Contracts in
writing to be
registered and
filed.

Registration of
contracts.

Register of
contracts.
[2/1963].

Searches.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

12 Chap. 63:50 Agricultural Contracts

21. On the payment of a fee of two dollars, any person shall
be entitled to be supplied with a copy of a contract filed in the
office of the Judge or registered at the office of the Registrar General
and of the endorsements thereon, duly certified under the hand of
the Judge or his Clerk or of the Registrar General.

22. (1) A contractor, with the consent in writing of the owner,
may assign his interest in a registered contract at any time to any
person or persons.

(2) After such assignment the assignee shall have the same
rights and be subject to the same liabilities under the contract as
his assignor had and was subject to.

23. (1) A registered contract may be discharged or voluntarily
cancelled by a receipt or memorandum signed in the presence of
and attested by a functionary.

(2) Where the functionary is not the Judge, he shall
forthwith forward such receipt or memorandum to the Judge, who
shall cause it to be filed in his office.

24. (1) A note of every assignment made with the written
consent of the owner, and of every discharge or cancellation of a
contract, and of every judgment or order made in pursuance of
this Act, shall be endorsed on the duplicate filed with the Judge,
and such note shall be signed by the Judge.

(2) The Judge shall forthwith transmit a note of every such
assignment, discharge, cancellation, judgment or order to the
Registrar General, who shall cause the same to be endorsed on the
contract affected thereby, and such endorsement shall be signed
by the Registrar General.

CLAIMS IN RESPECT OF REGISTERED CONTRACTORS

25. In any of the following cases, namely:
(a) where a registered contractor transfers or

mortgages or sublets his contract without
having previously obtained the consent in writing
of the owner to do so;

Certified copies
of contracts.
[51/1980].

Assignment of
contract.

Discharging
contracts.

Note of
assignment, etc.,
to be made on
contract.

When owner
may sue for
possession of
land.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 13

(b) when the term or interest of a registered contractor
in the contract has expired, either under the terms
of the contract or upon expiration of a notice to
quit when necessary;

(c) where a registered contractor neglects the
cultivation of the land under contract, or his
cultivation of the same is grossly defective, or
where a contractor breaks or evades any of the
terms and conditions of the contract;

(d) where a registered contractor receives moneys from
the owner to be expended upon the cultivation of
the land and does not so expend them;

(e) where, by the terms of a registered contract, the
owner is entitled to have the same cancelled;

(f) where a registered contractor has been convicted
of larceny, or of any offence under the Sale of
Produce Act, or of conveying or being in
possession of produce suspected to have been
stolen or unlawfully obtained;

(g) where the owner disputes the validity of any
registered contract;

(h) where notice has been given under section 9(3),
the owner or mortgagee, as the case may be, may bring a claim—

(i) to recover possession of the land under
contract,

(ii) to obtain cancellation of the contract.

26. Upon the determination of a registered contract, or in any
case in which the owner brings a claim for possession or for
cancellation of a registered contract, or at any time during the
continuance of such contract when either party to it breaks or evades
any of the terms or conditions thereof, the party aggrieved may bring
a claim against the other party thereto for any moneys, whether on
balance of account or otherwise, and whether sounding in damages
or not, which the plaintiff may allege are due to him under the terms
contained in such contract or as damages for the breach thereof.

Ch. 63:52.

Rights of parties
on determination
of contract.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

14 Chap. 63:50 Agricultural Contracts

27. The defendant in any action may, by way of set-off or
counterclaim, bring any claim against the plaintiff to which he
may be entitled, whether for possession or for cancellation of such
contract, or for moneys, whether upon balance of account or not,
and whether sounding in damages or not, which he may allege are
due to him by the plaintiff under the terms contained in such
contract or as damages for the breach thereof.

28. The plaintiff or defendant in any action or counterclaim
may join every claim to which he may be entitled in respect of a
registered contract.

29. (1) Upon the hearing of any such claim and
counterclaim, if any, the Court may, according to the nature of
the relief asked for, do all or any of the following things; namely,
order the contractor to deliver possession of the land under
contract, or cancel the contract, or award to the plaintiff or to the
defendant such sum as it thinks just as money payable to him
under the terms of the said contract or as damages for the breach
of any of the terms thereof.

(2) When the Court makes an order for possession or
for the cancellation of a contract, the Court shall have power,
although there has not been any claim by the contractor in
that behalf, to order the owner to pay to the contractor such
sum, if any, as it considers just compensation for the work
and labour done on the land under contract, regard being had
to the terms of the contract, including the value of unreaped
provisions, to the benefit to be derived by the owner by reason
of such work and labour, to any damages suffered by the owner
by reason of any breach by the contractor of any of the terms
in such contract, to any advances made to the contractor and
to the provisions of section 9(2).

30. If, in any case in which the defendant brings a set-off or
counterclaim, the claim of the plaintiff is stayed, discontinued or
dismissed, the set-off or counterclaim may nevertheless be
proceeded with.

Set-off and
counterclaim.

Joinder of
claims.

Powers of the
Court.

Hearing of
counterclaim.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 15

31. Where any claim is brought by the owner against a
registered contractor and the owner proves his case to the
satisfaction of the Court, the Court may in its discretion, instead of
ordering the contract to be cancelled or instead of awarding to the
owner pecuniary compensation, order and direct that the contractor
shall have such reasonable time allowed to him as the Court thinks
fit to make good any defaults or to remedy any breaches of contract
committed or suffered by the contractor, and the Court may adjourn
the case until the expiration of the time so allowed; and if at such
adjourned hearing the contractor fails to bring evidence to prove
to the satisfaction of the Court that he has made good the said
defaults or breaches of contract, the Court may proceed to decide
the claim as if such adjournment had not taken place.

32. Where pecuniary compensation is awarded to an owner
against the contractor, the Court may, if it thinks fit, direct the said
compensation instead of being paid at once to be deducted from
such money that may become payable by the owner to the
contractor at the termination or cancellation of the contract.

33. In all Courts and in all proceedings whatever with reference
to any registered contract—

(a) the contract filed in the office of the Judge or
registered at the office of the Registrar General
shall be conclusive evidence of the terms
therein contained;

(b) the signatures of the parties to such contract and
of the attesting witness, and also the signatures
to any endorsements thereon and to any
documents filed therewith, shall be presumed to
be genuine; and it shall not be necessary to prove
the said signatures, but the production of the said
contracts and documents coming from the proper
custody shall be sufficient proof of the contract
and of any endorsements thereon and of any such
documents as aforesaid;

Court may grant
time to put
contract in
order.

Payment of
compensation
delayed.

Evidence of
registered
contracts.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

16 Chap. 63:50 Agricultural Contracts

(c) every fact contained in an endorsement shall be
presumed to be true until the contrary is proved;

(d) the production of a certified copy of a contract
filed in the office of the Judge or registered at the
office of the Registrar General, or of the duplicate
filed in the office of the Judge, shall be proof of
the registration of such contract;

(e) a certified copy of a contract filed in the office of
the Judge or registered at the office of the
Registrar General shall be prima facie proof of
the terms of such contract, and of the several
endorsements thereon, and of every fact which
would be evidence by the production of the
contract from the proper custody.

UNREGISTERED CONTRACTS

34. (1) Where a person claims to be in possession or to be
entitled to the possession of a parcel of land as an unregistered
contractor, the owner of such land or the alleged contractor may,
respectively, bring a claim against the other party for the recovery
of possession of the said parcel of land, or for work and labour
done as a contractor, as the case may be.

(2) If it appears that such person is entitled to possession
of such parcel of land by virtue of an unregistered contract, and
such owner and contractor do not consent to sign and register a
contract under this Act or are unable to agree to the terms of such
contract, the Court shall make an order for the delivery of
possession of such parcel of land to such owner, and shall award
to the contractor such sum, if any, as the Court considers a just
compensation for the work and labour done on the said parcel of
land, regard being had to the terms of the contract, if in writing,
and if not in writing, to the terms customary in registered contracts
in the district, to the benefit to be derived by the owner by reason
of such work and labour, to any damages the owner may have
suffered by reason of any default or neglect on the part of the
contractor, to any advances made to the contractor and to the
provisions of section 9(2).

Unregistered
contracts.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 17

(3) If it appears that no valid contract exists, or that the
contractor by reason of his negligent and defective cultivation is
not entitled to any compensation, the Court shall make an order
for the delivery of possession of such parcel of land to the owner.

PROCEDURE AND GENERAL PROVISIONS

35. (1) Where an order for delivery of possession of any parcel
of land has been made under this Act, the Judge may, on the
application of the owner, at any time after such order or at any
time after payment of all moneys which the owner may have been
ordered to pay to the contractor where such order has been made,
issue a warrant under his hand to the bailiff, commanding him
within a period to be therein named, being not less than three clear
days nor more than two months from the date of the warrant, to
enter by force, if necessary, into the premises and give possession
of the same to the said owner.

(2) Entry under any such warrant shall not be made on a
Sunday, nor on any public holiday, nor at any time except between
the hours of six in the morning and six in the afternoon.

(3) Nothing herein contained shall be deemed to protect
any person on whose application and to whom any such warrant
shall be granted from any action which may be brought against
him by any such contractor for or in respect of such entry and
taking possession, whether such person had not, at the time of
granting the same, lawful right to the possession of the premises.

(4) An application under this section may be made in
Chambers to the Judge of the Court which made the order, without
formality and ex parte. Where an order has been made for the
payment of any moneys to the contractor, the application for the
issue of a warrant shall be supported by an affidavit verifying the
full payment and satisfaction of all moneys so ordered to be paid;
and if such application is not made within one month from the
date of the order for possession, such Judge may, in his discretion,
adjourn the hearing of the application into Court and require notice
of any such application to be served upon the contractor.

Warrants of
possession.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

18 Chap. 63:50 Agricultural Contracts

(5) In this section, the expression “Judge” shall include a
Judge of the High Court where the order for delivery of possession
has been made by such Court.

36. It shall not be lawful to bring any action or prosecution
against the Judge by whom any such warrant as aforesaid has been
issued or against any bailiff by whom such warrant may be
executed, for issuing such warrant or executing the same
respectively, by reason that the person on whose application the
same was granted did not have lawful right to the possession of
the land under contract.

37. In any case where the owner at the time of applying for
such warrant as aforesaid had lawful right to the possession of the
land mentioned in the warrant, neither the said owner nor his agent
nor any other person acting in his behalf shall be deemed to be a
trespasser by reason merely of an irregularity or informality in the
mode of proceeding for obtaining possession under this Act, but
the party aggrieved may, if he thinks fit, bring an action for such
irregularity or informality in which the damage alleged to be
sustained thereby shall be specially laid, and may recover full
satisfaction for such damage with the costs of the action. However,
if the damage so laid is not proved, the defendant shall be entitled
to judgment, or if damages are not proved at any sum exceeding
forty dollars, the plaintiff shall recover no more costs than damages,
unless the Judge of the Court in which the trial is held certifies his
opinion that full costs ought to be allowed.

38. Where any person is liable to pay any money to a contractor
by virtue of section 9(4), such person may be made a co-defendant
in any action by an owner or contractor, and the Court may, if such
person is not made a co-defendant, require such person to be made
a defendant and to be served with a copy of the summons and a
statement showing briefly the facts and circumstances whereon
such liability rests, and the Court shall adjudicate and make such
order between the parties in accordance with this Act as the justice
of the case requires.

Protection of
officers.

Action for
irregularity in
obtaining
possession.
[51/1980].

Procedure under
section 9(4).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 19

39. (1) When any claim arising out of a contract is brought
before the Court, the Judge may visit the land under contract, or
he may appoint one or more skilled persons to go upon the said
land and report to him as to the state of cultivation of the same and
also as to any circumstances upon which he may desire information.

(2) The person or persons so appointed shall make a
report in writing to the Court and shall attend at the hearing of
the claim or at any adjournment thereof to be examined as a
witness; and such report shall be read and may be referred back
for further consideration.

(3) Such reports or amended reports, as the case may be,
shall form part of the evidence in the case, and any fees to be paid
to the person or persons appointed under subsection (1) shall be
paid by such party to the claim as the Judge shall order.

40. The Judge shall have jurisdiction to hear and determine
all claims arising out of a contract or under the provisions of this
Act, provided such claim is not for, and does not include a claim
for, a sum which exceeds four hundred and eighty dollars.

41. All claims arising out of a contract which the Judge has
jurisdiction to hear and determine and all applications and
proceedings incidental to any such claim shall be deemed to be
and the same are hereby declared to be actions and proceedings
under the Petty Civil Courts Act, and, subject to this Act and so
far as the same shall be applicable, the Petty Civil Courts Act
and any Rules made thereunder shall apply to all such claims
and proceedings; and all judgments and orders made by the Judge
in pursuance of this Act shall be deemed to be judgments and
orders made under the Petty Civil Courts Act and shall be
enforceable as such.

42. (1) In any case where a claim is brought before the
Judge under this Act, the defendant may deposit with the Judge
any sum to which he admits the plaintiff is entitled, and the
Clerk shall forthwith give notice of such deposit to the plaintiff
or his Attorney-at-law.

Court may
appoint persons
to report.

Jurisdiction of
Petty Civil
Courts.

Application of
the Petty Civil
Courts Act.

Ch. 4:21.

Payment into
Court.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

20 Chap. 63:50 Agricultural Contracts

(2) The plaintiff may accept the said sum in full
satisfaction of his claim, and thereupon the Judge shall pay it over
to him and take his receipt accordingly, and the Judge may allow
him his costs up to the date of the said deposit.

(3) In case the plaintiff elects to proceed with his claim
and the Judge finds that the sum so deposited was sufficient, the
plaintiff shall not be entitled to any costs incurred after the date of
the said deposit unless the Judge otherwise orders.

43. Where a claim is brought before the Judge which he
has no jurisdiction to try, he shall order such claim to be struck
out, and he shall have power to award costs to the same extent
and recoverable in the same manner as if he had jurisdiction to
try such claim.

44. No judgment or order of the Judge acting under the powers
contained in this Act shall be brought before the High Court for
review, save and except under section 36 of the Supreme Court of
Judicature Act or save and except in the manner and according to
the provisions hereof.

45. In all cases the Judge shall have power, if he thinks fit, at
any time within three months from the date of his judgment, to
rehear any matter by way of new trial or otherwise upon such terms
as he thinks reasonable, and in the meantime to stay proceedings.

46. (1) Any party who may be aggrieved by the judgment or
order of the Judge may appeal from the same to the Court of Appeal
upon giving security for the costs of the appeal to the satisfaction
of the Judge in such sum (if any) as the Judge shall direct.

(2) Notwithstanding such party has not given the security
required by the Judge, he may, by leave of a Judge of the High
Court, upon good cause shown to the satisfaction of such Judge
and upon such terms as such Judge shall in his discretion impose,
appeal to the Court of Appeal from such judgment or order.

(3) Application for leave to appeal under subsection (2)
shall be made in Chambers within one month from the giving of
the judgment or order.

Where no
jurisdiction.

Certiorari.

Ch. 4:01.

Rehearing.

Appeal.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 21

(4) The Rules of practice and procedure governing
appeals to the Court of Appeal in civil matters shall apply to
appeals under this Act.

47. At the trial or hearing of any claim tried by the Judge under
this Act, he shall take a note of the evidence adduced therein, and
he shall, at the request of either party, make a note of any question
of law raised before him and of the facts in evidence in relation
thereto and of his decision thereon, and of his decision on the claim.

48. The manager, overseer or other person in charge of any
allotment or estate may sign contracts for and on behalf of the owner
thereof, and may appear and prosecute or defend on his behalf before
a Judge any claim by or against the owner of such allotment or estate.

49. (1) The awarding of costs of any proceedings under this Act
before the Judge shall be in the discretion of the Judge. He may order
any party to such proceedings to pay such costs, including the costs of
the summoning and the attendance of necessary witnesses, as he may
think best, regard being had to the scale set out in the Third Schedule.

(2) In all proceedings under this Act before the Judge,
he may, in his discretion, allow in respect of the services of an
Attorney-at-law the costs set forth in the Third Schedule or any
less amounts he may think fit.

50. Nothing contained in this Act shall in any way affect the
jurisdiction of the High Court or any Judge thereof.

51. (1) Where, in any action brought in the High Court upon any
contract under this Act, the claim endorsed on the writ is either to recover
possession of land held under the terms of the said contract, or where
such claim does not exceed five hundred dollars, or in any case where
such claim although it originally exceeded that amount is reduced by
payment, an admitted set-off, or otherwise, to a sum not exceeding that
amount, the defendant in the action may within fourteen days from the
day upon which the writ has been served upon him, if the whole or part
of the demand of the plaintiff be contested, apply to a Judge of the High
Court in Chambers for a summons to the plaintiff to show cause why
such action should not be tried before the Judge of the Petty Civil Court.

Notes of
evidence.

Powers of
managers, etc.

Costs.

Third Schedule.

Jurisdiction of
High Court.

Remitting action
to be tried by
inferior Court.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

22 Chap. 63:50 Agricultural Contracts

(2) On the hearing of such summons, the Judge shall,
unless there is good cause to the contrary, order such action to be
tried accordingly, and thereupon the plaintiff shall lodge the
original writ and the order with the Judge of the Petty Civil Court,
who shall appoint a day for the hearing of the claim, notice
whereof the Clerk shall send to both parties or their Attorneys-
at-law, and the claim and all proceedings therein shall be heard
before the Judge of the Petty Civil Court as if it had been originally
commenced before him.

(3) The costs of the parties in respect of proceedings
subsequent to the order of the said Judge in Chambers shall be
allowed according to the scale of costs in proceedings under this
Act before the Judge of the Petty Civil Court, and the costs of the
proceedings previously had in the High Court shall be allowed
according to the scale in use in that Court.

52. Where any claim under this Act is brought before the Judge,
the defendant may, within fourteen days after the service of the
summons upon him, apply to a Judge of the High Court in
Chambers for a summons to the plaintiff to show cause why the
proceedings therein should not be transferred to the High Court,
and such Judge may, if he thinks fit to do so, either on the ground
that some important point of law is involved or that the claim is
one which ought to be tried in the High Court, order the said
proceedings to be transferred accordingly upon such terms as to
giving security for costs or otherwise as he may see fit, and
thereupon the said claim shall be tried by the High Court or a Judge
thereof, who shall have and exercise all the powers which such
Court or a Judge thereof would have had if the claim had been an
action commenced by a writ of summons in the High Court.

53. If, in any action upon any contract under this Act brought
in the High Court, the plaintiff recovers a sum not exceeding two
thousand dollars, whether by judgment, verdict, or on demurrer
or otherwise he shall not be entitled to any costs of suit unless
the Judge before whom the action is tried certifies on the
proceedings that there was sufficient reason for bringing such
action in the High Court.

Removal of
claims to High
Court.

Costs.
[51/1980].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 23

54. (1) Any person against whom an action is brought in the
High Court upon any contract or alleged contract, may make an
affidavit that the plaintiff has no visible means of paying the costs
of the defendant should judgment not go for the plaintiff, and
thereupon a Judge of the High Court in Chambers shall have power
to make an order that unless the plaintiff, within a time to be therein
mentioned, give full security for the defendant’s costs to the
satisfaction of the Registrar of the Supreme Court, or satisfy such
Judge that he has a cause of action fit to be prosecuted in the High
Court, all proceedings in the action shall be stayed, and the cause
shall be remitted for trial before the Judge of the Petty Civil Court.

(2) Where the cause is ordered to be remitted to the Judge of
the Petty Civil Court, the Registrar shall send the order to such Judge,
who shall appoint a day for the hearing of the claim, notice whereof
shall be sent by the Clerk to both parties or their Attorneys-at-law;
and such Judge shall have all the same powers and jurisdiction as if
the claim had been commenced before him under this Act.

(3) The fees and costs of the parties in respect of the
proceeding subsequent to the order of the said Judge in Chambers
shall be regulated by section 49, and the costs of the proceedings
in the High Court shall be allowed according to the scale in use
in such Court.

SERVICE OF PROCESS AND FEES, ETC.

55. (1) When a contractor cannot be found, it shall be
sufficient service on him to affix a summons or other process in
some conspicuous position upon the land under contract.

(2) It shall be sufficient service on an owner to serve the
summons or other process on the person in charge of the allotment
or estate upon which the contract exists or is alleged to exist.

(3) In any case where it sees fit to do so, the Court may
give special directions as to the mode in which service of any
summons or process is to be effected.

56. (1) The fees set forth in the Second Schedule shall be
payable in respect of the several matters therein mentioned.

Security for
costs.

Scale of costs.

Service of
process.

Fees.
Second
Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

24 Chap. 63:50 Agricultural Contracts

(2) In any case in which it is made to appear to the
satisfaction of the Judge that any person claiming relief under this
Act is a pauper and has, in the opinion of the Judge, a good ground
for claiming such relief, the Judge may, in his discretion, either
remit the payment of any fees or costs by such person or may
suspend their payment until the claim is decided.

(3) All fees received by any person under this Act shall
be paid by him to the Comptroller of Accounts unless otherwise
provided for.

57. Proceedings in respect of offences against this Act may be
commenced at any time within two years from the date on which
the cause of complaint arose.

58. The forms set forth in the First Schedule, so far as the
same are applicable, and with such variations as circumstances
may require, may be used in all proceedings under this Act.

59. All contracts subsisting at the commencement of this Act
and registered under any previous written law relating to
Agricultural Contracts shall be deemed to have been registered
under this Act.

Paupers.

Limitation of
time for
prosecution.

Forms.
First Schedule.

Existing
contracts.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 25

FIRST SCHEDULE
FORM 1

SUMMONS TO DEFENDANT
IN THE MATTER OF “THE AGRICULTURAL CONTRACTS ACT”

In the ....................................... Court of .................................................................................

No. ...........................

Between .................................................................................................................... Plaintiff,

and ............................................................................................................................. Defendant.

You are hereby summoned to appear at the Petty Civil Court of ..............................................

on .......................................... the ........... day of .......................................... 20...... at the hour of

................................. in the ....................... noon to answer the Plaintiff in an action for [here
state the nature of the claim, e.g.—Possession of a parcel of land held by the defendant under
agricultural contract, or cancellation of the defendant’s contract, or damages for breach of an
agricultural contract, or money due on a registered contract and for damages for depriving the
plaintiff of the benefit of his contract, or compensation for work and labour done under an
unregistered agricultural contract, or as the case may be].

The particulars of claim are hereunto annexed.

Dated this .................. day of ................................................, 20......

.........................................................................
Clerk of the Court

$
Debt or Claim … … … …
Cost of Summons … … … …
Attorney’s-at-law Fee … … …

$

You are to produce all letters, accounts, bills, memoranda, documents, passbooks, and papers
in your possession relating to this action. If you do not appear on the above-named day, judgment
will be given against you in default for the whole amount claimed.

Take notice that payment of the amount sued for herein will be accepted by instalments
of ................................................................... payable on the .........................................................

.........................................................................
Plaintiff or Plaintiff ’s Attorney-at-law

Section 58.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

26 Chap. 63:50 Agricultural Contracts

To the Defendant.
Attorney-at-law to Plaintiff is Mr. ................................................. of .............................................

If you have a counterclaim you should give notice of it to the plaintiff or his Attorney-at-law,
together with the particulars of your claim in the same way as if you were bringing an original
action.

If you have any special defence, you should give the plaintiff notice of it, e.g., under
section 9(3) of the Act, payment, or illegality of contract, etc.

If you confess the plaintiff’s claim you should sign a confession thereon in the presence of the
Chief Clerk or one of the clerks at any time before the action is called on for trial, subject to the
payment of any further costs which any delay by you may have caused the plaintiff to incur.

If you admit part only of the claim, you may, by paying into the Chief Clerk’s office the
amount so admitted, two clear days before the day of trial, together with costs, avoid further
costs, unless the plaintiff at the trial proves at the trial an amount exceeding your payment.

Summonses for witnesses and for the production of documents by them will be issued upon
application at the Chief Clerk’s office, upon payment of the proper fee.

Bring this summons with you when you come to the Court or to the Chief Clerk’s office for any
purpose connected with this action.

[Endorsement on copy of ordinary summons after service].

This summons was served on the above-named Defendant ................................... by

leaving the same at ................ by me ........................ on the ......... day of ....................... 20......

at .............................. o’clock in the ................................... noon.

.........................................................................
Bailiff

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 27

FORM 2

IN THE MATTER OF “THE AGRICULTURAL CONTRACTS ACT”

PARTICULARS OF CLAIM

Note.—All such facts should be stated in the particulars as are necessary to correctly inform
the other side of the nature of the case to be met.

(A) Particulars where possession or cancellation is claimed under a registered
contract, and damages

1. The Defendant is a Contractor on the ........................... Estate (or on the Plaintiff’s land)

situate at .................................. by virtue of a registered contract No. ............... for the year ..............

2. The term of the said contract has expired.
Or,

[The Defendant (date ..................) assigned the said contract to ......................................................
without the written consent of the owner.

Or,

[On the........day of................20........the Defendant was convicted of the larceny of cocoa.
Or,

[The Contractor has neglected to cultivate the land under contract in a proper and husbandlike
manner, and his cultivation of the same has been and is grossly defective.

Or,

[The said contract was entered into subsequently to a certain deed of mortgage dated ................

and made between .................................................... and ...........................................].

The Plaintiff became owner of the said estate by Deed dated ................................... and on the

................... day of ............................., 20......, entered into possession of the said estate ..................

on the ............... day of ..................... 20......, the plaintiff gave due notice in writing to the defendant
of his intention to pay-off the defendant and to take possession of the parcel of land mentioned in
the said contract, [or as the case may be].

3. The defendant has not planted the whole of the land under contract.
Or,

[The defendant has not cutlassed the land under contract for .................................. and has
allowed the land to be overgrown in bush.

Or,

[The defendant has planted rice or more than one crop of corn, etc., contrary to clause

...................... of the said contract, as the case may be].

4. If the provisions of section 9(3) of the Act are applicable the plaintiff’s title should be
shown, and the date of the deed of mortgage through which he claims should be given, and the
number of trees alleged to be planted before the date of the contract should be stated.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

28 Chap. 63:50 Agricultural Contracts

(B) Particulars of Claim by a Registered Contractor

1. [Same as 1 in (A).]

2. The term of the said contract has expired. The value of the said contract is ..........................

The plaintiff acknowledges having received on account the sum of ....................................................

Or,

[The defendant by himself and/or his agent unlawfully interferred with the plaintiff’s right to
possession of the parcel of land mentioned in the said contract (date ..........................................),
and prevented the plaintiff from reaping his provisions and the produce from the trees on said
land, or as the case may be].

(C) Particulars of Owner’s Claim under section 34

1. The defendant claims to be [or is] in possession of a parcel of land situate at ...................

and comprising ................... and abutting ...................... in pursuance of an unregistered contract.

2. The defendant was not let into possession under an agricultural contract by the plaintiff,
nor by any person having authority so to do.

Or,
[The alleged contract is not a bona fide contract under the Agricultural Contracts Act.

Or,
[The defendant was let into possession of the said parcel of land by ........................................ as a

...................................... contractor, but such contract is unregistered].

3. The plaintiff is the owner of the said parcel of land.

[If the provisions of section 9(3) of the Act are applicable, the plaintiff’s title should be shown,
and the date of the deed of mortgage through which he claims should be given; also the number of
trees alleged to have been planted before the date of the contract].

(D) Particulars of Contractor’s Claim, under section 34

1. The plaintiff is in possession of a parcel of land comprising ............................. acres and

forming part of the ............... Estate situate at ................................... and abutting on the North, etc.,

...................................... in pursuance of an Agricultural Contract entered into between the plaintiff

and ............................................ sometime in the year ..............

2. The said contract is not registered.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 29

FORM 3

IN THE MATTER OF “THE AGRICULTURAL CONTRACTS ACT”

NOTICE OF PAYMENT INTO COURT
In the ............................... Court of ..........................................................

A.B. vs. C.D.

Take notice that the Defendant has paid into Court to the credit of this action the sum of ..................
and says that that sum is sufficient to satisfy the Plaintiff’s claim.

.........................................................................
Clerk

To A.B. or K.L. his Attorney-at-law.

FORM 4

IN THE MATTER OF “THE AGRICULTURAL CONTRACTS ACT”

WARRANT OF POSSESSION
Whereas [set out order for possession] ........................... I the said ......................... Magistrate,

do in virtue of the powers vested in me by “The Agricultural Contracts Act,” authorise and
command you on any day after the expiration of ........... days and within two months from the
date hereof (except on Sunday, Good Friday, Christmas Day, or any day appointed by law to be
kept as a Public Holiday), between the hours of six in the forenoon and six in the afternoon to
enter, by force if needful, and with or without the aid of ...............................................................
[the owner or agent or manager as the case may be] or any other person or persons whom you
may think requisite to call to your assistance, into and upon the lands ............................... and to
eject any person out of the said lands and full and peaceable possession to deliver to the said
...................................... [the owner or manager or agent].

And I do hereby command and order all Constables to be aiding and assisting you in the
execution of this my Warrant.

Given under my hand this ............. day of ...................................., 20...... at ..............................

.........................................................................
Judge of the Petty Civil Court

To the Bailiff, Assistant Bailiffs, and to all Constables acting for the ............................. District.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

30 Chap. 63:50 Agricultural Contracts

FORM 5

IN THE MATTER OF “THE AGRICULTURAL CONTRACTS ACT”

CONTRACT

Statutory Contract made this ............. day of ............................ 20...... between ............................

of ................................. (hereinafter called the Owner) and ............................ of ..............................

(hereinafter called the Contractor) for extending the cultivation of the ............................... Estate in

the Ward of ...................................... in the Island of ..........................................................................

WHEREAS the Contractor was on or about the ..................................... let into possession of ................

acres of land or thereabouts, bounded on the North by ............... on the South by .............................

on the East by ...................... and on the West by ..................... being part of the said .........................

Estate, on agreement with the Owner of the said Estate to plant the same in ...................., but the said
agreement was not at the time reduced to writing; And whereas the Owner and Contractor are desirous
of registering the said existing Contract under the provisions of the Agricultural Contracts Act.

It is now agreed as follows:—

1. The Contractor shall cultivate the said parcel of land in ................... in a regular and
husbandlike manner.

2. The Contractor shall plant the ...................... trees .................. feet by ................... feet.

3. The Contractor shall plant Anauca Immortelle [or ........................ shade trees] at .............

feet by .............. feet, each shade tree to be planted exactly in the centre of four ..................... trees.

4. The Contractor shall keep and maintain the whole of the ................... trees heretofore
and henceforth to be planted in a good and husbandlike state of cultivation.

5. The Contractor shall within six months from the date hereof have the whole of the said

parcel of land regularly planted with .................. and ..................... trees, and thoroughly covered
with ground shade.

6. The Contractor shall not plant any rice or more than one crop of corn on the said parcel
of land without the written permission of the Owner.

7. The Contractor shall not remove any plants, timber, or grass from or burn charcoal on
the said parcel of land.

8. The Owner shall dig all main drains at his own cost; but the Contractor shall within

............... days after the same have been dug spread the earth and keep the said drains clean.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Agricultural Contracts Chap. 63:50 31

9. The Contractor shall dig small drains ........................ in. by ..................... in. between

every .................. rows of ...................... trees as indicated by the Owner and shall within .............
days after such drains have been dug spread the earth and shall keep such small drains clean.

10. The Contractor shall not pick his Cocoa [Coconuts, Coffee] without notifying the person
in charge of the Estate at least twenty-four hours before picking.

11. The Contractor shall not allow any foreign trees to grow on his contract such as Bois
Lormo, Corkwood, Hog Plum, Trumpet Wood, or any stumps, but shall cut down all such trees
and stumps.

12. The Contractor shall not trim or prune his trees except under the direction of the Owner
or with his written consent.

13. The Owner or any person authorised by him may order off the land any person other
than the Contractor’s wife and children.

14. At the termination of the Contract the owner shall have to pay to the Contractor for each

healthy full bearing ............... tree the sum of .......................... cents, for each young healthy tree in

flower and which shall not be less than .................... years old the sum of ................ cents, and for

healthy supplies planted not less than three months previously ............. cents.

15. The Contractor shall pay to the Owner the sum of ................... cents for each missing
....................... tree and the sum of ................... cents for each missing shade tree.

16. At the termination of the Contract, the Contractor shall deliver up the said parcel of land

with all drains clean and of the proper depth and with all .................. and shade trees trimmed, and
the Contract clean and free from grass or weeds.

17. The Owner may at any time, and from time to time, after the expiration of ............. years
from the date of this Contract, take over the whole or part or parts of the Contract as the Owner shall
think fit. On taking over the said Contract or such parts as aforesaid the Owner shall pay to the
Contractor at the rate specified in clause 14 with such deductions as are mentioned in clause 15.

18. This Contract shall continue for a term of .................. years from the date hereof.

N.B.—The foregoing may be altered and extended to suit the requirements of each case.

In Witness Whereof the said parties have hereunto set their hands the day and year first
above written.

A.B., ..............................................................
Owner

C.D., ..............................................................
Contractor

In the presence of
E.F., ...............................................................

Functionary

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

32 Chap. 63:50 Agricultural Contracts

OTHER FEES

SECOND SCHEDULE

FEES
PETTY CIVIL COURT FEES

When a claim is for recovery of possession of a parcel of land held or
alleged to be held under an unregistered contract, or includes or is for a sum
exceeding $500 … … … … … …

In respect of any other claim … … … … …

$

10.00
5.00

1.00

1.00
2.00

(1) On the signing and attestation of a contract under section 16—in respect
of each duplicate … … … … … …

The above fee is to be paid by stamps affixed to the contract.
(2) For searching the Register Book, or file in the office of the Judge …
(3) For a certified copy of a registered contract … … …

THIRD SCHEDULE

COSTS
In actions for money payable to a contractor under the terms of his contract—

(a) Where the amount recovered does not exceed $50 or the claim does not
exceed $50 and the defendant obtains judgment—

A sum not exceeding… … … … …
(b) Where the amount recovered exceeds $50 but does not exceed $120 or

the claim exceeds $50 and does not exceed $120 and the defendant obtains
judgment—

A sum not exceeding… … … … …
In actions under section 9(4) and section 34, where the amount of compensation

awarded to the contractor does not exceed $120, or the claim does not exceed
$120 and the defendant obtains judgment—

A sum not exceeding… … … … … …
In actions for the recovery of possession of land subject to a contract or for the

cancellation of a contract, where the value of the contract does not exceed $120—
A sum not exceeding… … … … … …
In actions for damages where the amount recovered does not exceed $120, or

where the amount claimed does not exceed $120 and the defendant obtains
judgment—

A sum not exceeding… … … … … …
In all other actions—A sum not exceeding … … … …
In respect of all applications or proceedings not mentioned above which are not

ex parte, and in respect of an adjournment—
A sum not exceeding… … … … … …
For visiting and reporting on lands under contract—
A sum not exceeding per day … … … … …

Section 56.
[51/1980].

Section 49.
[51/1980].

$

7.50

20.00

40.00

20.00

20.00
75.00

7.50

40.00

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt