Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1882-08-24
Published by Request.]
Trespassilag on the Farm.

The general rules in regard to trespnssing
on another's lands are pretty well under-
stood in the community, but on ono point
there ia sometimes on erroneous impression.
j. so of.n~ .Lc...-L. &c :,
crosses your lund fl twenty years he here.
by always acquires right to continue. the
practice, but this is far from being univcr--
sally true. The very foundation of ac-
quiring such q right-a prescriptivc right
as it is called-is that tho crossing must
have been adversely to the land owner, CON-
trary to his wishes, or at least without his
permission, expressed or implied, aud uns
der claim of legal right to do 80, whether
the farmer is willing or not If, therefore. the
person crossing docs so with the permission
or by the mere indulgence of tGc land
owner, and not under any claim Of right,
II is wholly immatcriul how long the GUS
tom has continued. Forty years travel by
the consent of the owner would not givo
any right to pass after he has forbidden to
do so. And to avoid any misapprehension
in such cases, it is wiser for the farmer to
put up notices forbidding it, as wo often
| see done. And this not only makes it
clear than thenccforward tho intruder is
treSpasser, but by a recent law in this State
he is also made liable to a fine of $50 (s5
in Maine) for wilifully crossing or entering
upon any garden CIR orchard, moving lands
or other improved land, between the first
day of December est. 1915, 0, 1917.
by this law the wilful trcspassing OH
such lunds during the summer and al!
months is mado crime, and any constable
or other officer may arrest the offender on
the spot and tako him before the proper
tribunal for trial and sentence. But as to
sll other seasons of the year, or as to any
other kinds of lands, such trcspass is only
civil trespass, not crime, and tho only
legal remedy is by an action for damages
done, which may be very unsatisfactory.
If, however, d mans object in coming
into your premises is to steal your fruit,
cranbcrries, or other crops, that itself is q
crime, although he does not accomplish
his purpose, and you may put him out by
force, after notice to leave, using no unA
necessary violence. But you cannot law.
instruments which may do him gricvous
bodily harm, without giving notice of such
hidden dangers a Ping, 62S; 81 Iowa,
6l3). Tho old school books in early days
had picture Of boy stealing fruit in tho
boushs Of an apple tree, with farmer
picking UP stones, and maxim that if
words and grass did not answer he might
throw stohes; but if you should happen to
put out tho boys eye it might GO hard with
you, for you have not right to kill even
you neighbours hens while scratching up
your molons or oucumbers. Tho custom
to do so and toss tho fowl over the fenoo,
may afford somo satisfaction to tho gar
denct, but it may make him liable to pay
the full value of the nuisance, although he
had repeatedly warned their owner to keep
thom at home or take the consequences ia
Conn; |; 107 Mass, 40G) Whothor
this ru!o applies to an old cat which is
after ones chickens don't know, but
mean to try it the first chance l have.
Ono of the most annoying forms Of
trespass to the farmor is that Of hunting and
Gsbing. Many persons seem to suppose
that by forco of somo general custom or
otherwise, they have a right to hunt or fish
over anothcr's ground as they please, but
y This is quite ss.saesas &Pick, ll5J In