← belizelaw.ai · Summary Jurisdiction (Offences), Cap. 98 · PART III — Offences against Rights of Property

Power of the court with respect to unlawful detention of articles

Cap. 98, s. 47 · Revised Edition 2020

(1) On complaint made by any person claiming to be entitled to the property or possession of any article or thing detained by any other person, the value of the article or thing not being greater than one hundred dollars and not being a deed or other document relating to property of greater value than two hundred dollars, the court may inquire into the title thereto, or to the right of possession thereof, and if it appears to the court, after demand has been made therefor by the person by whom the complaint has been made, that the article or thing has been detained without just cause by the person against whom the complaint has been made, or that the person detaining the article or thing has a lien upon or a right to detain it by way of security for the payment of money or the performance of any act by the owner thereof, the court may order the article or thing to be delivered to the owner thereof, or to the person entitled to the possession thereof, either absolutely, or upon tender of the amount appearing to the court to be due by the owner or by the person entitled to the possession thereof, or upon the performance, or upon the tender and refusal of the performance, of the act for the performance of which the article or thing has been detained as security or, if that act cannot be performed, then upon tender of amends for non-performance. (2) A person who refuses or neglects to deliver the article or thing according to the order shall pay as amends to the person aggrieved the full value thereof. (3) The order shall not prevent any person from recovering the article or thing so delivered by action from the person to whose possession it comes by virtue of the order. 52
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Power of the court with respect to unlawful detention of articles — Cap. 98 s. 47 · Belize Law