Malicious Trespass Act 1820

JurisdictionUK Non-devolved
Citation1820 c. 56
Year1820
Anno Regni GEORGII IV. Britanniarum Regis, Primo. An Act for the summary Punishment, in certain Cases, of Persons wilfully or maliciously damaging or committing Trespasses on public or private Property.

(1 Geo. 4) C A P. LVI.

[15th July 1820]

'WHEREAS it is expedient that a more summary Mode than now by Law exists, of repressing and obtaining Satisfaction for Damages to Buildings, Fences, Land, Growing Crops, and other Real and Personal Property, whether of a private or public Nature, by wilful and malicious Trespassers and other Wrongdoers, should be provided;' Be it therefore enacted by The King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That from and after the passing of this Act, if any Person or Persons shall wilfully or maliciously do or commit any Damage, Injury or Spoil, to or upon any Building, Fence, Hedge, Gate, Stile, Guide Post, Mile Stone, Tree, Wood, Underwood, Orchard, Garden, Nursery Ground, Crops, Vegetables, Plants, Land, or other Matter or Thing growing or being thereon, or to or upon Real or Personal Property of any Nature or Kind soever, and shall be thereof convicted within Four Calendar Months next after the committing of such Injury, before any Justice of the Peace for the County, Riding, Division, City, Town or Place where such Offence shall have been committed, either by the Confession of the Party offending, or by the Oath of one or more credible Witness or Witnesses, or of the Party aggrieved in the Premises, which Oath such Justice is hereby empowered to administer, every Person so offending, and being thereof convicted as aforesaid, shall forfeit and pay to the Person or Persons aggrieved, such a Sum of Money as shall appear to such Justice to be a reasonable Satisfaction and Compensation for the Damage or Injury or Spoil so committed, not exceeding nothing in any Casethe Sum of Five Pounds, which said Sum of Money shall be paid to the Person or Persons aggrieved; but in case such Conviction shall take place on the sole Evidence of the Partyaggrieved, then and in such Case such Satisfaction and Compensation shall be paid to the Overseer or Overseers of the Poor of the Parish, Township or Place where the Offence was committed, or if the Conviction shall take place inIreland , then such Satisfaction and Compensation shall be paid to the Governor of the Fever Hospital or Infirmary of the County, City, Town or Place where the Offenceshall have been committed, to be by him or them applied for the Relief and Maintenance of the Poor thereof, or of the Establishment of such Fever Hospital or Infirmary; and in default of Payment of the Sum of Money in which the Offender or Offenders shall have been so convicted as aforesaid, immediately, or within such Time as the Justice shall appoint at the Time of Conviction, together with all Costs, Charges and Expenses attending the Conviction, such Justice shall and may commit such Offender or Offenders to the Common Gaol or House of Correction, there to be kept to hard Labour, for any Time not exceeding Three Calendar Months, unless such Penalty, Costs and Charges shall be sooner paid and satisfied: Provided always, that if any such Damage, Injury or Spoilshall have been done or committed as aforesaid, to or...

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