Fair play., 1882-12-02
Trespassing,

| Since the time when the right to own
and hold property was recognized there
have been laws enacted to aid the prop
ertv holder in maintaining that right.
| A man house is his castle. and even the
officers OF the law. unless thev are armed
with q warrant of arrest for j crime.
dare not enter but by permission. Ii a
man enters Your house or comes upon
/ vonr premises without your permission.
and declines 10 leave ON your request.
YOU may legally Use the force necessary
| To put him oil, but no more. You cannot
pound or beat him without rendering
yourself liable for assault and battery
The law allows vou TO eypel the intruder.
but in the gentlest manner possible. Ii
he does not resist, You may only lay
YOUR hand on him and direct his move
men,S: but this NAV only be done after
YOU have requested him to leave. In
, case, however. of forcible entry. such
request is not necessary. In case of re-
sistance, you may Use just enough force
10 overcome tnat resistance, hut no more.
While the law recognizes the right of
the owner TO the possession and control
of his own premises. no action for tres
pass NAV be brought unless il be alleged
that damage has been done. may walk
in Your grounds or fields without being
gr,i4.v VI criminai offence. but if il dis
pleases YOU. must leave. upon request.
In eSshe States the law allows YOU to put
up notice forbidding persons from
crossin. Your lands in certain seasons
If they 10 it in spite of the notice, al
though they DO no damage, YOU can col.
lect the fine the law imposes.
The word trespass comes from the
Norman French. tres. beyond, and paSser,
to 60 Its literal meaning isthe same as
that of tranSgresSor. II is defined in law
to mean a wrongful act, committed with
some kind OF violence, and injurious TO
the personal rights or property of an
other. In some States the law as
damage exceeds seven dollars the
plaintiff shall pay all costs exceed
ing the amount of. damage. This
is 10 prevent veXa,iouS suits. Tre>pass
takes on the form of crime sometimes.
and is punished rs such when only a
crime has been mcdiyated or intended,
rs when one comes on yonr farm for the
purpose of theft, and is discovered before
the theft was committed.
TrcspaSSeS committed by animals are
usually chargeable to their owners, and
damages done are collectable from the
latter. If no damage is done. il remains
for the owner of the premises 10 take such
action in the matter as his inclinations
prompt and the law allows, for it must
be admitted that inclination and law do
not always point in the same direction in
such eases. In some States it is left for
him either 10 drive the trespaSSers home,
with modest request that the owner
will keep them there; To coniine them on
his own premises. sending notice to the
owner 10 pay charges and take them
away" to impound them in the town
pound. or to turn them into the street to
30 their own way.
But how about dogs. cats. turkeys,
chickens and similar treSpassers9 In
many States dogs and cats are not con-
Si;!ered property. and may be shot. but
not poisoned. n will. In few States
the fence Of the law has been put about
dogs, and protects them from indiscrimi-
nate slaughter; but we are not aware
that any penalty attaches To the shooting
of eats. Turkeys may not be shut up un-
less you choose to risk prosecution for
theft; nor may they beimpounded. at least
in Connecticut. a case having been tried
there. \. finding BIS turkeys on his
premises sent them TO the pound. Il.
sued out writ of replcvin. There was
no question about the facts. but the law
yers talked long and earnestly about the
law. She Judge decided that the tur-
keys Were not mentioned in the statute
in question regarding pounds with cat
tie. horses. sheep. goats, and even geese.
\. had acted without authority. and !
must pay fine of one dollar and costs |
of suit. And Your nei.hbor NAV look |
cooilv on and see his hens scratch your |
flower beds. peck every apple. peach. or
pear that falls from your trees. tlv at 1
your grapes. and commit such other
damag" and ANNOYANCE As in their |
power and nature lies. with the salts |
faction of knowing that you have no rem.
edy. You may Kill and eat them if YOU
like. but you wouid he liable for theirfull /
value. and perhaps TO 4 suit for 4 mali
cious destruction of property. as in 4
rase We once knew in this State. where a
man shot his neighbor's hens and threw
them over the fence rs the easiest way
Of getting them home. This case never
came 10 trial. The lawyer TO whom it
was intrusted pocketed the fee from both
neighbors and quashed the whole pro-
,eedingS. The plaintiff was satisfied to
know that he had made the defendant
sweat for his impudence. while the de-
iendant was glad to get off without hay
ng 4 heavy bill of court costs to settle.
We believe there is law in Massa-
,husetts providing that. if after YOU have
given your neighoor written notice for
bidding it he willfuily permits his ami
mails or fowls to trcspa>s on Your prem
seS. he is liable 10 pay 4 line Of ten dol
ars. \ man may seem TO be easily
annoyed who gets into passion when his
leighbors chickens comes to his prem
ses. but if we sought TO test the eJuan-
nifty Of an ordinary mortal We would
iIbject him 10 the slre experience that
ONE parties we know undergo every
'ay when snow is not on the ground
\. \. SUu.
How Western Cities Grow.