14. Presumption that encroachment is undesigned except in certain cases
And be it enacted that it shall be lawful for any such valuators as aforesaid to consider and treat any encroachment submitted to them under this Act for valuation and compensation as undesigned, unless the owner or owners of the land thereby encroached upon shall give notice in writing to such valuators before award made of his, her, or their intention to proceed at law for the recovery of such land, and that it shall be lawful for the person or persons giving such notice at any time within 3 calendar months after delivery of such notice to proceed by suit or action for the recovery of such land; but the plaintiff or plaintiffs in such action shall recover nothing therein unless he, she, or they shall prove to the satisfaction of the Court and Jury, or of the Court, when there shall be no Jury, that such land was knowingly and wilfully encroached upon; and if the person or persons giving such notice shall fail to proceed according thereto within 3 calendar months after delivery thereof, or if such plaintiff or plaintiffs be non-suited or discontinue such suit or action, or if verdict or judgment be for the defendant or defendants, and a certificate thereof under the hand of the Registrar-Clerk of the Civil Court (for which a fee of 20 cents shall be demandable) be produced to the valuators of and for the town-site within which such land shall be situated, it shall be lawful for such valuators to proceed to award compensation for the same.
[Section 14 amended by No. 113 of 1965 s. 8(1).]