Trespass (Scotland) Act 1865

JurisdictionUK Non-devolved
Anno Regni VICTORI, Britanniarum Regin, Vicesimo Octavo & Vicesimo Nono. An Act to provide for the better Prevention of Trespass inScotland .

(28 & 29 Vict.) C A P. LVI.

[29th June 1865]

'WHEREAS it is expedient that Provision should be made for the better Prevention of Trespass inScotland: ' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

S-1 Short Title.

1 Short Title.

1. This Act may be cited for all Purposes as ‘TheTrespass (Scotland ) Act, 1865.’

S-2 Interpretation of Terms.

2 Interpretation of Terms.

2. In this Act the following Words shall have the Meanings hereby assigned to them:

‘Premises’ shall mean and include any House, Barn, Stable, Shed, Loft, Granary, Outhouse, Garden, Stackyard, Court, Close, or inclosed Place:

‘Magistrate’ shall mean and include the Sheriff and Sheriff Substitute, or any One or more Justice or Justices of the Peace, or any One or more Magistrate or Magistrates, having Jurisdiction respectively in the County or Burgh where any Offence against the Provisions of this Act is committed, or where any Person charged with such Offence is found or brought to Trial:

‘Procurator Fiscal’ shall mean and include the Procurator Fiscal of the Court having such Jurisdiction.

S-3 Parties lodging in Premises or encamping on Land, withoutPermission, guilty of an Offence.

3 Parties lodging in Premises or encamping on Land, withoutPermission, guilty of an Offence.

3. Every Person who lodges in any Premises, or occupies or encamps on any Land, being private Property, without the Consent and Permission of the Owner or legal Occupier of such Premises or Land, and every Person who encamps or lights a Fire on or near any private Road or enclosed or cultivated Land, or in or near any Plantation, without the Consent and Permission of the Owner or legal Occupier of such Road, Land, or Plantation, or on or near any Turnpike Road, Statute Labour Road, or other Highway, shall be guilty of an Offence punishable as herein-after provided.

S-4 Apprehension and Punishment of Offenders.

4 Apprehension and Punishment of Offenders.

4. Every Person who commits any...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT