The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-08

Three or four more good Carriers Will ma
en,nlovment at this office, to sell and deliver
the Day Book. Boys, here's chance Tor
you.
MAYORS CouRr, NORFOLK The only case
of Importance before Mayor Tabb yesterday
was Commonwealth 0s. Newean for misde-
meanor, being an action brought against the
d ,tendant by one Cockeron, for malicious
trespass, in this, that Newman had caused to
b, removed, from land III possession OF Cock
eron, a lot of water casks. Newman claimed
thu right 10 remove these casks under color
OF little to the land on which they stool; the
claim OF right, ms be supposed, arising from
iced from Mrs. Chapman. He also conerded
that he had right to remove them, because
they oostructed' the alley or lane, on which
t. protruded.
The court was satisfied that small space
in he rear of the lot, leased by the defend
an to Decordy, (now occupied by Cooke
ION, in 1849 by Mrs. Lydia Milhado was, by
a convention Of the parties, dedicated to tire
use Of coterminous tenants. Mis-. Chapman,
By an explanatory deed, dated 9TH August,
1850, recognized this ANAL space in rear of
Drcordy-now Cockeron-and disclams title
thereto The court was satisfied tdat De
cordy-now Cockerou-was in posses sion 0
this small space, at the time of the oceurf
renee complained of, and that the water
casks were removed by Newman under con-
viction that the land on which they stood
belonged to him.
The court called attention to the natuie of
trespass as a civil processing, and trespass,
rs declared by the statue, to be demeanor.
Trespass in civil procee 1ings ia an offence
against the possession of another The
ground of this action is the injury to the pcs
session any actual possession will maintain
thisSction, it may be brought by tenant
70 years, at WILL or at sufferance. A en-,
ant may, at any time, bring an action for
trespass against his landlord, if he wrong
fully intrude on him.
More is required, in the opiaiol Of the
Court, to justify proceedings for malicious
TT, spass-which is declared by tie statue to
be INSTRUMENTATION is required TO mains
thin the civil proceeding 1t was the opin-
ion of the Court, that TO constitute tres pass,
it must be shown that the party committing
the trespaas, acted malieiously and without
color of tile, or claim of right.
The Court cited Dyes case, 9TH Grafton
Gs2, "the act to punish malicious trespass,
was intea ed to apply to acts of tre spass, on
the property of another without color of title
or claim of right, and not to cases where there
is a bonatide claim Of right to property" AS
in the law of larceny, if party takes proper
ty under fair and bonafde claim Of right, he
viii not be guilty OF stealing; so under the
siaue, if a party under fair and bomofde
claim OF right. cut down tree standing on
the land of another, he will not be guilty of
wiiful trespsss.
The Court gave judgment for the defen,
dant
W. H. G. Ellis, for plaintiff, Chas. Sharp,
for defendant.
Several cases of violated Ordinances and
one case OF breach of the peaces occupied the
remaining portion of the day, and at late
hour the Court adjourned.
MAYORS CoURT PORTSMOUTH. Yesterday
Justice Tucker, presiding. .
Joseph Ogleby was fued ten dollars aud
costs ior selling goods without license.
Arthur Flood, charged, by officer Harrison
with runiag cart GA the street without prop
e. llcense-laid over until TO day.
The same ladefatigable offer introduced
Mr.. Chas Brown for allowing his horse to
run at large in the street.-the oh arge was not
sas AIMED and Mr.. Brown was discharged
~, Kieiey was charged, by officer Mathews,
with nov having license for his bread wags
on fned ten'doliars
0ffic r Griswold and Putaem arrssted
j .mes Talbot for drunkenness and disorderly
co duet-locked up to cool off
Ohcers Butter and Nelson arrested Harriet
Wilson and Martha Col ellen for disorderlv
c1ndact~-loeked up. q
Nicholas Boiler was charged, by officer
Harrison, with allowing his horse TO run at
'arge-eass laid over untlto day.