Trespass

“ In respect to the trespass itself, damages can be recovered in an action, but the trespasser cannot be prosecuted unless he was trespassing in pursuit of game, or has wilfully or maliciously done any injury to property. ”

“ All is to be so sacredly and inalienably the property of the landlord that it shall constitute a kind of trespass if the tenant attempts to close the house for the summer or to open it for the winter in the usual way that houses are now closed and opened. ”

“ It might be that the owner of the horse could not have one of the old writs, because the horse was not in his possession when the damage was done. A strict trespass property could only be committed against the person in possession of it. It could not be committed by one who was in possession himself. /1/ But as laming the horse was equally a wrong, whether the owner held the horse by the bridle or left it with the smith, and as the wrong was closely analogous to a trespass, although not one, the law gave the owner a writ of trespass on the case. ”

“ No branch of a tree can shoot six inches over a march-wall without being indicted for a trespass. And should a frost-loosened stone tumble from some skrees down upon a neighbour's field, he will be served with a notice to quit before next morning. Many of the small properties hereabouts have been mortgaged over head and ears mainly to fee attorneys. ”

“ On one well-remembered occasion during the shooting season, when trespassing afoot across some moors in search of a short cut, I came suddenly upon the owner of the land with his party lunching; the owner was inclined to be indignant with me at first, but an apology for my inexcusable trespass quietly expressed was followed by a few minutes’ conversation, which ended in my being invited to join the lunching party, no refusal being permitted. ”

“ Imagine somebody, a yard or so removed from your most cherished border, planting a row of Poplar trees close on to the very boundary fence. Nothing can stop it—the hungry roots may burrow as they choose. They are not liable to the law of trespass; there is no redress. Or for years you have been enjoying some comfortable nook under the shelter of your next-door neighbour’s Elm or Oak tree. ”

“ The action of Trespass on the Case lies, where a party seeks damages for a wrong to which trespass will not apply—where, in fact, a man has not been assaulted or hurt in his person, but where he has been hurt in that tender part—his pocket. ”

“ Trespass, tres′pas, v.i. to pass over a limit or boundary: to enter unlawfully upon another's land: to inconvenience by importunity: to intrude: to injure or annoy another: to sin.—n. act of trespassing: any injury to another's person or property: a sin.—ns. Tres′passer; Tres′pass-off′ering, an offering in expiation of a trespass or sin (See Lev. xiv. 12-18) . [O. Fr. trespasser (Fr. trépasser) —L. trans, across, passāre, to pass.]
Tress, tres, n. a lock or curl of hair: a ringlet (esp. in pl.) ”

“ Moreover, a severely plain "No Trespass" sign, at the lake-margin, would serve as ideal kindling for a jolly little camp-fire. There is always a zest in using trespass boards for picnic fires. Not only are they seasoned and painted in a way to cause quick ignition, but people laugh so appreciatively, when one tells, afterward, of the bit of jovial audacity. ”

“ It is no answer to say that the legal right of action for a trespass to unoccupied lands resides in the owner of the legal title as being constructively in possession. Defendant did not pay the government under compulsion of a suit or judgment in trespass, but, for reasons of its own, voluntarily undertook to compromise the matter. ”

“ With the development of private property there naturally also developed the right of preventing the hunting on such lands, this being then their main use. This exclusive right to the chase or hunt we find recognized as a part of the property of the kings and barons in the 8th century, when the kings forbade trespass under penalty of severe fines; the king’s ban (interdiction) of 60 shillings being imposed upon the trespassers. ”

“ Of course, if the poor man prolongs his walk then is he in danger from the law of trespass. On weekdays, however, this is the most secluded spot on the estate, and I regret to say that my lordly uncle does not trouble it even on Sundays. ”

“ To cut down a tree or to demolish a house in the soil of another, is a trespass; but the cutting a tree, in this country, is so slight a trespass, that a man would be thought litigious who should prosecute it ”

“ See Inhabited House Duty, Land Tax, Income Tax, and Licences.
TRESPASS
If a person trespass on private property he must first be ordered off, but if he does not go the occupier of the premises, or his representative, may exercise such reasonable force as may be necessary to remove him; if more than necessary force be exercised, the person resorting to it will be guilty of an assault. The trespasser may be prosecuted for assault if he offers any resistance. ”

“ In some cases of nuisance, and in some cases of trespass, the law permits an individual to abate the one and prevent the other by force, because such permission is necessary to the complete protection of property and person. ”

“ So, where a landowner intrusts another with the possession of his lands, either by lease, by contract to sell, or otherwise, the right of action for trespasses committed during such tenancy belongs to the latter, and, except under special circumstances, an action for a trespass, such as the cutting of timber, will not lie in favor of the landlord. ”

“ In that country the smallest trespass on the property of another, is punished by enslaving the children or young relations of the trespasser. If even a man’s footstep be observed among the corn of another, the circumstance is [309] attended by calling witnesses, and application to a magistrate, and the certain consequence of proof is the forfeiture of his son, daughter, nephew, or niece, to the person trespassed on. ”

“ But if the trespasser is an old offender, who from the beginning has broken fences, ruined trees, and trampled down the garden, and now defiantly comes upon the field of grass, insisting upon absolute ownership, then it is vain to set up the apology that very little damage is done. The antecedent transgressions, ending in claim of title, enter into the present trespass, and make it a question whether the rightful owner or the trespasser shall hold possession. Here the rightful owner is the people of the United States, and the trespasser is Andrew Johnson. ”

“ If this had been a mere action of trespass on lands, although the trespass was a continuous one, it might well be said that proof that certain trespasses were committed upon divers days and times before a certain date had no legal tendency to prove that the same trespasses continued beyond that date. ”

“ He might post his swamp against trespassers. Not that trespass signs had ever kept a single Casman, Haroldson—or especially a Trull—from going where he wished to go but at the very least they'd be evidence that he had acted in his own behalf. But trespass signs or not, there was going to be trouble in plenty if human predators started raiding his muskrats and trouble was always better avoided. ”

“ If a soul commit a trespass, and sin through ignorance, in the holy things of the Lord, then shall he bring for his trespass unto the Lord a ram without blemish out of the flocks, with thy estimation by shekels of silver, after the shekel of the sanctuary, for a trespass-offering. ”

“ The law of trespass has been one over which has raged much bitterness, both with regard to the form of the law to be enacted and concerning its subsequent enforcement. Sportsmen have usually held that a distinction existed between wild animals occupying private property and domestic animals. The landowner has urged that others should not trespass upon his property for the purpose of shooting 266 wild animals, although his proprietary right in them was no greater. ”

“ Every statute suggests that there is a tendency in the creature to fall away from purity and become unfit for fellowship with the Most Holy.
2. Atonement for Trespass Numbers v. 5-10
The enactment of this passage refers to the sin of theft or any other breach of the eighth commandment which involved trespass not only against man, but also against God—"When a man or woman shall commit any sin that men commit to do a trespass against the Lord, and that soul be guilty; then shall they confess their sin which they have done." The statute supplements one given in Lev. vi. ”

“ Take first the case of trespass upon land attended by actual damage. When a man goes upon his neighbor's land, thinking it is his own, he intends the very act or consequence complained of. He means to intermeddle with a certain thing in a certain way, and it is just that intended intermeddling for which he is sued. /1/ Whereas, if he accidentally hits a stranger as he lifts his staff in self defence, the fact, which is the gist of the action,—namely, the contact between the staff and his neighbor's head,—was not intended, and could not have been foreseen. ”

“ The loss of the services of the slaves, by the trespass, necessarily resulting from the abduction of a part of them, and driving off the others, are clearly within the rule of damages in trespass; and we think the loss of the cord-wood, as proved, and the injury to the corn-crop, were also within it. ”

“ Whether an entry upon land, to which the party has no title and claims no title, be a mere naked trespass, or be an ouster or disseisin of the true owner, previously in possession of the land; is a matter of fact depending upon the nature of the acts done, and the intent of the party so entering. The law will not presume an ouster without some proof; and though a mere trespasser cannot qualify his own wrong ”

“ No individual shall be allowed to hold a claim of more than one square mile, or six hundred and forty acres, in a square or oblong form, according to the natural situation of the premises. Nor shall any individual be allowed to hold more than one claim at the same time. Any person complying with the provisions of these ordinances, shall be entitled to the same recourse against trespass as in other cases by law provided. ”

“ If I am the owner of an animal in which by law the right of property can exist, I am bound to take care that it does not stray into the land of my neighbor, and I am 457liable for any trespass it may commit, and for the ordinary consequences of that trespass. Whether or not the escape of the animal is due to my negligence is altogether immaterial. ”

“ They alleged further that the trespass and marking of the line had already been the occasion of violent altercations between the respective parties; that the deprivation of the property, and especially of the fresh water springs, would occasion irreparable damage. ”

“ In all Trespasses or damages done to any man or men, If it can be proved to be done by the meere default of him or them to whome the trespasse is done, It shall be judged no trespasse, nor any damage given for it. ”

“ Every trespass is wilful, where the defendant has notice, and is especially forewarned not to come on the land; as every trespass is malicious, though the damage may not amount to forty shillings, where the intent of the defendant plainly appears to be to harrass and distress the plaintiff. ”

“ Trespass may be justified by exercise of a legal right, as to serve the process of the law, or by invitation or license of the owner, or may be excused by accident or inevitable necessity, as deviation from a highway out of repair. ”

“ The defendants severally own small tracts of land within the project which are either crossed by or adjacent to the ravine, and some claim to have appropriated water in the ravine for the irrigation of their tracts. All, in their answers, challenge the plaintiff's right to make the changes-some on the ground that the work involves a trespass on their tracts, and others on the ground that it involves a destruction of their asserted appropriations-and on these grounds they ask affirmative relief. ”

“ The pain of forcible expulsion will be endured without the consciousness of the offence of trespass, and the "consequences necessarily attendant" will be fatally experienced, although innocent of the official poster on the gum-tree. ”

“ And yet I reiterate my former adjective; good-looking he was; good-looking in a healthy, frank, [13] happy and rather boyish way that was eminently satisfying.
If the sign on the old willow was right, and he really was trespassing, I have no excuse to offer, or at least none that my conscience will allow me to suggest. I can’t plead ignorance for him, for the simple reason that he had seen the sign and read it and that he knew all about trespass—or as much as was taught in the three-year course at the Harvard Law School, which he had finished barely a fortnight ago. ”

“ This property belongs to the Vassar College Summer School. Fishing, shooting, trapping, the felling of trees, the picking of wild flowers, and every form of trespass, being strictly forbidden, all violators of this ordinance under the law will be prosecuted. One hundred dollars reward is offered for evidence leading to the detection and conviction of any trespasser upon this property.
The Directors of the Vassar Summer School.
"Well?" inquired Jones, as Ellis stood motionless, staring at the sign. ”