ASSERTION OF RIGHT TO HOUSE OR REAL PROPERTY
... /
Assault in case of lawful entry /
Trespasser provoking assault.
42. (1)
Every one is justified in peaceably entering a dwelling-house
or real property by day to take possession of it if he,
or a person under whose authority he acts,
is lawfully entitled to possession of it.
(2)
Where a person
- (a)
not having peaceable possession of a dwelling-house
or real property under a claim of right, or
- (b)
not acting under the authority of a person who has peaceable
possession of a dwelling-house or real property under a claim of right,
assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it,
for the purpose of preventing him from entering,
the assault shall be deemed to be without justification or provocation.
(3)
Where a person
- (a)
having peaceable possession of a dwelling-house
or real property under a claim of right, or
- (b)
acting under the authority of a person who has peaceable possession
of a dwelling-house or real property under a claim of right,
assaults any person who is lawfully entitled to possession of it
and who is entering it peaceably by day to take possession of it,
for the purpose of preventing him from entering,
the assault shalled be deemed to be provoked by the person who is entering.
[R.S. c.C-34, s.42.]
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