The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1883-03-10
TREsPASsING.

AnEGFAO5lNd.
Since the time when the RICH, to own
ard hols property was recognized there
have been laws enacted to aid the prop.
crty holder in maintaining his right
y mans house is his castle, and even
the officers OF the law, unless they are
armed with warran, Of arrest for a
crime, dare not enter but by permits
sion. II man enters your house or
comes upon your premises without your
permission, and declines to leave on
your request you may legally use the
force necessary TO pat him off, but no
more. You cannot pound or beat him
without rendering yourself liable for
assault and battery. The law allows
you to cXpell the intruder, but in the
gcntlcst manner possible. Ii he does
not resist, you may only lay your hand
on him and direct his movements; but
this may only be done after you have
requested him to leave. In case, how.
ever. of forciblc entry, such request is
not necessary. In case Of resistance,
you may use just enough force TO over.
While the law recognizes the RICH,
Of the owner TO the possession and
control OF his own premises, no action
for irespasS may be brought unless il be
alleged that damage has been donc.-
| may walk in your grounds and fields
without being guilty of criminal
o6ense, bu; il it displeases you, | mus,
leave, upon request. In some states
the law allows you to put up 4 notice
forbidding persons from crossing your
lands in certain seasons. II they do il
in spite OF the notice, although they 90
no damage, you can collect the fine the
law imposes.
The word irespass cones from the
Norman French, Tres, beyond, and cGSSfy,
to go. Its literal meaning is the same
Is that of transgreSsor. IL is defined
in law TO mean Of wrongful act, com.
miited with some kind of violence.
and injurious to the personal rights or
property of another In some states
the law Is 10 trcSplss provides that
unless the damage exceeds seven dollars
the plaintiff shall pay all oosts exceeding
the amount of damage. This is to
prevent vcxaiious suits. rrcspass takes
on the form of crime Sometimes. and is
punished As such when only crime has
been meditlicd or intended. Is when
one comes on your farm for the purpose
of theft, and is discovered before the
:heft is committed.
TrcSplsscs committed by animals are
usually chargcablc TO their owners. and
damages done are colleciablc from the
latter. Ii no damage is done, itremains
for the owner OF the premises to take
such action III the matter as his inclina.
lions prompt and the law allows, for it
must be admitted that inclination and
law do not always point in the same
direction in such cases. In some states
II Is left for him either 10 drive the
trespasserS home. with modest request
that the owner will keep them there to
coniinc them on his own premises,
sending notice 10 the owner To "pay
charges and take them away - to
cmpound them in the town pound, or
To turn them into the street to go their
own way.
But how about dogs, cats. turkeys,
chickens and similar trespassers? In
many states dogs and cats are not con.
sidercd property, and may be shot, not
poisoned, at will. In few states the
fence of the law has been put abou,
dogs, and protects them from indis-
criminatc slaughter; but we are not
aware that any penalty attaches TO the
shooting of cats. Turkeys may not be
shut up unless you choose to risk a
prosecution for theft nor may they be
impounded, at least in Connecticut. a
case having been tried there. Afinding
BIS turkeys on his premises sent them
to the pound. II sued out 4 writ Of
rcplevin. There was no question about
the facts, but the lawyers talked long
and earnestly about the law. The
Judge decided that the turkeys were
not mentioned in the statute in question
regarding pounds with cattle, horses,
sheep, goats, and even geese. A had
acted without authority, and must pay
fine Of one dollar and costs Of suit
And your neighbor may look coolly on
and see his hens scratch your flower
beds, peck every apple, peach and
pear that falls from your trees, hy at
your grapes, and commit such other
damage and annoyance as in their
power and nature lies. with the salts
faction Of knowing that you have no
remedy. You may kill and eat them IL
you like, but you would be liable for
their full value, and perhaps to a suit
for malicious destruction Of property,
as in n case we once knew in this state,
where a man shot his neighbours hens
and threw them over the fence as the
easiest way Of getting them home
This case never came to trial. The
lawyer to whom II was intrusted pocket
cd the fee from both neighbors and
quashed the whole proceedings. The
plaintiff was satisfied to know that he
had made the defendant sweat for his
impudence, while the defendant was
glad to get Of without having heavy
bill Of court costs to settle.