The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1882-12-01
1respassIng.

SIM sAe ume when the right to ow.
ana holu property was recognized there
nave ogSu laws enacted to aid the prop.
cry l.gl9er IN maintaining that right
a taai : house is his castle. and even the
oilceIs q the law, unless they are armed
with warrant Of arrest for a crime
dare not enter but.by permission. If a
man eHsefs your house or comes uuon
your n tshhses without your permission.
ana oecisnes to leave on your REQUEST,
you may legally use the force necessary
TO pi. nam OF. but no more. You cannot
pound or beat him without renderiney
i yoursen iia5ie for assault and battery,
Ihe law Rliows YOU to eNpeI the intruder.
put 10 the gentlest manner possible. If
he does Dot resist, you may only lav
your naad on him and direct his move
menus 1A this may only be done after
YOU hays requested him to leave. In
,.sasex kffse.ss-- 1f fs1resi1ls ssnfI.ss. s,ssl.
I.erl11est Issssnt cecessary. If1 case OF 70.
! sistanee, you may use Just enough force
| to overcome that resistance, but no more.
While the law recognizes the right of
/ the ownerto the possession aud control
I of his own premises, no action for tres
/ pass may be brought unless it be ALLEGED
/ that damagehas been done. / may walk
in your groalds or fields without being
/ guilty of criminal offence. but ii it dis
pleases YOU / must leave, upon request.
In some Sfstes the law allows YOU to put
up a notice forbidding persons from
crossing your lands in certain seasons.
If they do il in spite of the notice, al
though they dono damage, YOU can col
lect the fine the law imposes.
The wori trespass comes from the
Norman Frsnch, tres, beyond, and Dasser,
to 90 Itsiiteral meaning is the same as
that of traIsgressor. 1t is defined in law
to mean yrongful act, committed with
some kindof violence. and injurious to
the personal rights or property of an
other. In some States the law ag
to trespass provides that unless the
damage exceeds seven dollars the
plaintiff shall pay all costs exceed
ing the amount of damage. This
Is TO preveE yeXatious suits TrespasS
takes on tlp form of crime sometimes.
and Is pumshed as such when only n
crime has teen meditated or intended
as when one comes on your farm for the
purpose of heft, and IS discovered before
the theft was committed.
Trespassss committed by animals are
usually chGgeable TO their owners. and
damages done are collectable from the /
latter. If no damage IS done. itremains /
for the owner Of the premises to take such I
action in fhe matter as his inclinationz /
prompt and the law allows, for it must /
be admitted that inclination and law do I
not always point in the same direction in |
such cases In some States it IS left for
him either 70 drive the trespassers home.
with modest request that the owner
viii keep them there; to confine them on
his own premises. sending notice to the
owner to pay charges and take them
away TO impound them in the town
pound, or % turn them into the street To
go their own way.
But how about dogs, cats, turkeys.
chickens AID similar trespassers? In
many states dogs and cats are not con.
sieere@e 9erty, and may be shot, out
sissts fe5fe sc law has been put about
logs, ana sfotects them from indiscrini-
nate slaughter; bgt we are not aware
hat any pmalty attaches 70 the shooting
IF cats. hirkeys may not be shut up un-
ess you choose TO risk prosecution for
-heft; nor may they be beimpounded. at least
n Connecticut. a case having been tr1ed
there. A. finding BIS turkeys on his
premises sent them to the pound B.
sued out writ of replevin There was
10 question about the facts. but the law
,ers talked long and earnestly about the
aw. She Judge decided that the tur-
keys were not mentioned in the statute
II question regarding pounds with cat !
lie, horses, sheep, goats, and even geese.
\. had acted without authority, and
must pay fine of one dollar and costs
# suit And your neighbOr NAV look t
DOLLY on and see his hens scratch yotlr (
lower beds, peck every apple. peach, or {
'ear that falls from your trees, fly at
our grapes, and commit such other
amage and ANNOYANCE rs in their q
over and nature lies, with the salts \
action OF knowing that you have no rem /
dy. You may Kill and eat them if YOU a
Ike, but YOU would be liable for theirfuil 4.
alue, and perhaps TO a suit for q mali Q
lous destruction of property, as in 5
ase we once knew in this State, where t
ian shot his neighbor's hens and threw L
lem over the fence as the easiest way
getting them home This case never n
ime to trial The lawyer to whom it I
as intrusted pocketed the fee from both {
eighbors and quashed the whole pro \
,edings. The plaintiff was satisfied to b
now that he had made the defendant b
veat for his impudence, while the de- {
ndant was glad to get off without hav- n
g heavy bill of court costs to settle. b
We believe there is law in Massa- il
lusetts providing that, if after you have
ven your neighbor written notice for h
dding it he willfully permits his ami s.
ais or fowls to trespass on your prem s.
es, he is liable to pay a fine of ten dol v
rs A man may seem to be easily d
lnoyed who gets into passion when his s.
'lghoor's chickens comes to his prem A
es' bat il we sought to test the equan- il
MY OF an ordinary mortal we would a
iolect him TO the same experience that
me parties we know undergo every n
" " when snow is not on the ground s.
b