Limitation of Actions for Trespass Act of 1884 No 5a (NSW)

No. VII.

An Act to alter the Law respecting remedies

for Trespass to Land. [31st March, 1884.]

WH E R E A S it is desirable to discourage actions between neighbours is not in dispute Be it therefore enacted by the Queen's Most Excel­

for trifling and long past trespasses on land the title to which

lent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

1. This Act may be cited as the "Limitation of Actions for Trespass Act of 1 8 8 4 " '
2. In any action to be brought in respect of any trespass to land committed after the passing of this Act the plaintiff's title to or possession of which the defendant shall not by his defence have disputed the plaintiff shall not recover any damages for any act of trespass committed more than twelve months before the action shall have been begun Provided always that nothing hereinbefore contained shall apply to any plaintiff who at the time when such act of trespass was committed was beyond seas or under any legal disability.

3. When in any such action brought in the Supreme Court the

defendant by his pleas shall have admitted the plaintiff's title to and possession of the land alleged to have been trespassed upon the plaintiff may begin his action de novo for not more than two hundred pounds in the nearest District Court of the district in which the alleged trespasses have been committed which commencement of action in the District Court shall operate as a stay of proceedings in the Supreme Court action and in such District Court action the parties shall be bound by their pleadings in the Supreme Court action and all the costs incurred in such Supreme Court action up to such admission shall be costs in the cause to abide the event of the trial in the District Court And in all such actions continued by the plaintiff in the Supreme Court after such admission as aforesaid the plaintiff shall if his verdict do not exceed two hundred pounds recover only the same costs as he would have recovered in the District Court.

4. This Act shall come into force on the first day of May next.

No. V I I I ,