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Willful trespass with vessel on private wharf notwithstanding notice

Cap. 98, s. 32 · Revised Edition 2020

(1) A person who fastens any boat, raft or float to any private stelling, wharf, land or landing-place, or any part thereof, or brings, places or puts any boat, raft or float in any private trench or canal, whether used or not for drainage or otherwise, or puts or places any article whatever upon the stelling, wharf, land or landing-place, or in or over the trench or canal, on or near to which there is posted up a notice, in large legible letters, forbidding in general terms all persons to trespass and warning them that they will be prosecuted for so doing, without leave of the owner of the stelling, wharf, land, landing-place, trench or canal, or without some pressing necessity, shall be deemed a willful trespasser. (2) Every such trespasser, boat, raft, float and article may be seized and detained by the owner or by any person whom the owner calls to his assistance, and the trespasser shall be taken without delay before a magistrate or to a police station, to be dealt with according to law. (3) If any damage is done to the stelling, wharf, land, landing-place, trench or canal, or if any penalty is imposed on the trespasser, the magistrate shall order the boat, raft or float, to be publicly sold within ten days thereafter, and out of the proceeds of sale shall pay to the owner of the stelling, wharf, land, landing-place, trench or canal the amount of the damage so done, and shall deduct the amount of any fine inflicted upon the trespasser, unless the amount of the damage and fine is sooner paid. 46
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