Trespasser

“ What duties do the owners owe to a trespasser upon their premises? They may eject him, using such force and such only as is necessary for the purpose. They are bound to abstain from any other or further intentional or negligent acts of personal violence,—bound to inflict upon him by means of their own active intervention no injury which by due care they can avoid. ”

“ Every step I took informed me that I was a trespasser; the scene that I had quitted appeared to have been ceded to me by the inhabitants of the forest, who were willing for me to occupy it without molesting me, or exhibiting any signs of alarm; but, as I moved from place to place, all seemed in arms against me. My insatiable curiosity, too, was everywhere offensive; nothing escaped my prying propensity, and I even regretted that I had suffered the crocodile to escape that I might have intercepted, had I been cool, and have driven to the land for examination ”

“ Trespassers will not be prosecuted, provided that they do no sort of damage, and that if their presence is objected to they politely retire. With these slight precautions and limitations, a trespasser may go where he will, and enjoy the study of Nature in her most secluded and "strictly private" recesses. He thus himself becomes, in one sense, a lord of the soil; but his domain is far more extensive and unencumbered than that of any actual landlord. He enjoys all that is best in park, woodland, or mountain ”

“ English law has modified this general rule to some extent, for if a trespasser capture or kill a wild animal on another person's land, it belongs to the owner of the soil on which it has been started and killed; if a trespasser start an animal on one person's property and kill it on another's, it belongs to the owner of the former. These rules of positive law give the owner of the property at least the right to vindicate his claim, which cannot then be lawfully resisted by the trespasser. ”

“ 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. ”

“ 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. ”

“ Anyone who is on any premises as a trespasser shall not cease to be a trespasser for the purposes of this Part of this Act by virtue of being allowed time to leave the premises, nor shall anyone cease to be a displaced residential occupier of any premises by virtue of any such allowance of time to a trespasser. ”

“ Thus a trespasser who comes on the land of another without right cannot maintain an action, if he runs against a barrier or falls into an excavation there situated. The owner of the land is not bound to protect or provide safeguards for wrong-doers. So a licensee, who enters on premises by permission only, without an enticement, allurement, or inducement being held out to him by the owner or occupant, cannot recover damages for injuries caused by obstructions or pitfalls. ”

“ If any person should find another in his forest with a vehicle for the purpose of carrying away material for barrel-hoops, or any other kind of wood, without permission, the trespasser shall lose both oxen and vehicle, and the owner shall also be entitled to whatever the thief or trespasser has with him. ”

“ 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.) ”

“ 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. ”

“ Many and varied are the inconspicuous creatures with office to remind the barefooted trespasser that no charter of the isles and their wrecks is flawless, and that they are prepared to inflict curious pains and limping penalties for every incautious intrusion on their domicile. ”

“ Will was peering about, and, as the party made ready to start for the cabins, the lumbermen going back to their fishing, Grace's brother said:
"Unless I'm mistaken this trap is on dad's land, which means that that Jallow crowd must have trespassed here to set it. Take a look, Allen, and see if the boundary line doesn't bring the trap on this side."
"It certainly does," declared the young lawyer. "They were trespassers, all right." ”

“ This is private property, and we don't like trespassers. Get a move on--get out!"
"Are we doing any harm?" asked the agent.
"I didn't say you were. This is our land, and we don't like strangers snooping around. That's all." ”

“ In these situations, where they would not "cumber the ground," they have been allowed to grow, without exciting the jealousy of the proprietor of the land. Accident, under these circumstances, has reared many a beautiful tree, which would in any other place have been cut down as a trespasser. ”

“ By day or by night he must discriminate between the visitor whose presence is permitted and the trespasser whose presence is not. He must know what class of undesirable to scare off with a growl and what class needs stronger measures. ”

“ It was like a thunderbolt. Every one stopped cheering and stood with mouth open and head turned towards the person who had spoken. And the person who had spoken was the smartly dressed lady in the motor veil, whom Philip had seen among the ruins.
'A trespasser! a trespasser!' cried the crowd; 'to prison with it!' and angry, threatening voices began to arise.
'I'm no more a trespasser than he is,' said the voice, 'and if I say I am the Deliverer, you can't stop me. I can kill dragons or do anything he can do.'
'Silence, trespasser,' said Mr. ”

“ 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 ”

“ We know of no state which, as does the Struthers ordinance in effect, makes a person a criminal trespasser if he enters the property of another for an innocent purpose without an explicit command from the owners to stay away. The National Institute of Municipal Law Officers has proposed a form of regulation to its member cities which would make it an offense for any person to ring the bell of a householder who has appropriately indicated that he is unwilling to be disturbed. ”

“ If huntsmen when following the hounds are permitted, not only to trespass, but to damage crops and fences, why should the naturalist be molested when harmlessly following his own inclinations in choice of a country ramble. Is the pursuit of the fox a surer proof of honest intentions than the pursuit of natural history? It appears that some landowners think so. "Trespassers will be prosecuted," say the notices that everywhere stare us in the face.
Was there ever such a lying legend? Trespassers will not be prosecuted, for the sufficient reason that in English law trespassing is not an offence. ”

“ If a man directs his servant to take my goods, and the servant seizes them, it is clear that they are both trespassers: but if goods are delivered to a man to keep, and he destroys these goods, he may be a trespasser by relation ”

“ The injured one has not only to show that the injurer was on the wrong side, but also that he himself exercised ordinary precaution to avoid collision. [225] If my share of the road is trenched upon I cannot recklessly run into the [Pg 74] trespasser, and then turn round and sue for injury arising from my devil-may-care conduct. I may, of course, try to pass, if passing is reasonably prudent; if not, I ought to delay and seek redress at law, if damage ensue from my detention. ”

“ Yes, the house must be inhabited, and we will see by whom; for imagination is a licensed trespasser: it has no fear of dogs, but may climb over walls and peep in at windows with impunity. ”

“ 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. ”

“ Every person is a passenger and entitled to be carried safely (so far as due care will provide for his safety) , who is lawfully on the train; [541] and the onus is on the company to prove affirmatively that he is a trespasser. ”

“ Of course lads might come out from the village, and break in to do this mischief, but it isn’t likely. This is private land, and on several previous occasions trespassers have been arrested, so the boys don’t generally come here. ”

“ 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. ”

“ Keepers don't like trespassers. Curious thing—don't know if it ever occurred to you—if there were no trespassers, there would be no need for keepers. To their interest, then, to encourage trespassers. But do they?'
Barrett admitted that they did not very conspicuously. ”

“ Visitors asserted that he was a tyrant, but I did not look at his warlike actions in that light. He thought that he - 61 - owned the dooryard, and other birds were trespassers.
Near my cabin there is a notice posted forbidding trespass, and it alludes sarcastically to "wood-cutting thieves." This sign was put up because sometimes dead, worthless wood was carried away from the lot. Wabbles is willing that the birds may enjoy the things in the dooryard after he is satisfied, but the human fellow preferred to let the wood rot on the ground. ”

“ One having in his possession agricultural or mechanical tools is not responsible for injuries caused to trespassers by careless handling, nor is the owner of a fruit-tree bound to cut it down or enclose it, or to exercise care in securing the staple and lock with which his ladder is fastened, for the protection of trespassing boys who may be attracted by the 173fruit. ”

“ Such occupation is often accompanied by buildings and inclosures for housing and care of stock, and sometimes by cultivation of the soil with a view of providing fresh vegetables. These occupants are not in the eye of the law considered as technically trespassers. No individual can interfere with their occupation, or compel them to leave. ”

“ Sir, I do not fence and guard my grounds that paupers may make a playground of them; and, though your request makes me question your good taste a little, I trust to your good sense not to render your people liable to be taken up as trespassers. I have a right to prosecute all trespassers in my grounds, and, therefore, I advise you to keep your people clear of them."'
'And very proper, too,' replied the other; 'there are plenty of people that will receive them ”

“ And what is more, they are commonly the most jealous of pedestrian trespassers who seldom visit their own estates, but permit the seasons to scatter their charms around their villas and rural possessions without the heart to enjoy, or even the presence to behold them. ”

“ It seems so strange that I, of all people, should be a trespasser and a poacher, for when at home I am a stern upholder of the rights of property. I own several estates in England, and am a very pig-headed Tory when any of my privileges are threatened; so I should be the last man to trespass on the rights of others, and I hope, Mr. ”

“ Haven't you read all my notices nailed up on trees? 'Warning! All trespassers will be dealt with to the full extent of the law'—and much more to similar effect? And do you know what a very dreadful thing it is to be dealt with to the full extent of the law? ”

“ We're trespassers, but we must take our chance. Should we meet anyone, blame me. Say I am a doddering old fool who would walk under the trees and you were obliged to come to see that I didn't get into any mischief. Do you go armed? ”

“ I am sure the citizens occupying the territory described do not wish to be trespassers, nor will they be if legal ways are provided for them to become owners of these actual necessities of their position. ”