Bill 87 (Legislature 14, Session 4)

L14 S4 1919

Alberta — Bills

No. 87 4th Session, 14th Legislature, Alberta 10 Elizabeth II BILL 87 A Bill respecting Petty Trespass to Land HON. MR. WILLMORE prtnted by L. S. WALL, PrInter to the Queen'. Most Excel1t'nt ~{aje8ty. Edmonton, Alberta, 1962

Explanatory Note I.

Short title. 2.Trespass on certain lands is made a

summary conviction offence. 3. Trespass on gardens and lawns. 4. Penalties. 5. Right of arrest.

BILL No. 87 of 1962

An Act respecting Petty Trespass to Land (Assented to , 1962) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta., enacts as follows: 1. This Act may be cited as tiThe Petty Trespass Act". 2.

(1) No person shall trespass upon (

a) privately owned land, or (

b) Crown land subject to any disposition granted under The Public Lands Act, except a grazing lease or a grazing permit, with respect to which he has had notice by word of mouth, or in writing, or by posters or signboards not to trespass.

(2) For the purposes of subsection (1) a person shall be deemed to have had notice not to trespass when posters or signboards are visibly displayed (

a) at all places where normal access is obtained to the land, and (

b) at all fence corners or where there is no fence, at each corner of the land. 3. No person shall trespass upon a garden or lawn. 4.

(1) A person who contravenes

section 2 or 3, and whether or not any damage is occasioned thereby, is guilty of an offence and liable on

summary conviction to a fine of not less than ten dollars and not more than one hundred dollars.

(2) Where a trespass to which this Act applies is com mitted by means of a motor vehicle, the owner of the vehicle is guilty of the contravention of this Act and liable to the fine, unless he proves to the satisfaction of the mag istrate or justice of the peace trying the case that at the time of the trespass the vehicle was not being driven by him or any other person with his consent, express or im plied. 5. Any person found committing ~ trespass to which this Act applies may be apprehended WIthout warrant by any peace officer, or by the owner or occupier of the land on which the trespass is committed. or the sen'ant of, or any

2 8. Laying of information. 7. Jurisdiction of magistrates. 8. Exception to general application of Act. 9. Commencement of Act.

2 person authorized by the owner or occupier of the land, and be forthwith taken before the nearest magistrate or justice of the peace to be dealt with according to law. 6. No person shall be prosecuted under this Act except upon an information laid by the owner or occupier of land, or his servant. 7.

Nothing in this Act authorizes any magistrate or justice of the peace to hear and determine a case of tres pass in which the title to land, or to any interest therein, is called in question or affected, but every such case shall be dealt with according to law in the same manner as if this Act had not been passed. 8. Nothing in this Act extends to a case where the person trespassing acted under a fair and reasonable sup position that he had a right to do the act complained of, or to a case within

section 373 of the Criminal Code. 9. This Act comes into force on the day upon which it is assented to.

No. 87 FOURTH SESSION FOURTEENTH LEGISLATURE 10 ELIZABETH II 1962 BILL

An Act respecting Petty Trespass to Land Received and read the First time ...................... . Second time Third time ....................................... , HON. MR. WILLMORE Title: 1962 (14th, 4th) Bill 87,

An Act respecting Petty Trespass to Land

Document details

Collection	Alberta — Bills
Citation	L14 S4 1919
Type	bill
Volume / chapter	L14 S4 1919
Language	en
Format	json
Source	PROVINCIAL
Identifier	85dcf30ee46ce0191f692b520c86b70a20697f7a

Source file is stored in the law ingest library (json).