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

TREsPASSING.
Since the time when the right TO own
ard hols property was recognized there
have been laws enacted TO aid the prop.
eriy holder in maintaining his right
\ mans house IS his castle, and even
the officers Of the law, unless they are
armed with a warrant Of arrest for 4
crime, dare not enter but by permis-
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
withou, rendering yourself liable for
assault and battery. The law allows
you to expcll the intruder, but in the
gcntlcst manner possible. Ii he does
no; 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 lcaye. In case, how.
ever, of forcible entry, such request is
not necessary. In case Of resistance,
you may use jus; enough force TO over
come that resistance, but no more.
While the law recognizes the righ,
Of the owner TO the possession and
control of his own premises, no action
for trespass may be brought unless it be
alleged that damage has been donc.-
may walk in your grounds and fields
without heing guilty of criminal
olfense, but if il displeases you, | must
leave, upon request. In some states
the law allows you to put up 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 collec, the fine the
law imposes.
The word ,respass cones from the
Norman French, ,hyrS, beyond, and pdSSry,
go. Its literal meaning is the same
Is that of iransgressor. Il is defined
in law to mean Of wrongful act, com.
mi;,cd with some kind of violence,
and injurious 10 the personal rights or
property of another In some states
the law Is TO trcSpaSs provides that
unless the damage exceeds seven dollars
the plaintiff shall pay all costs exceeding
the amount Of damage. This is TO
prevent veXliious suits. TrcSpass takes
on the form of crime sometimes. and is
punished As such when only i crime has
been mcdiiatcd or intended. aS when
one comes on Your farm for the purpose
of theft. and is discovered before the
:hcft is committed.
TrcSpaSscs committed By animals are
usual, chargcablc to their owners, and
damages done are collectable from the
latter. Ii no damage sdonc, it remains
for the owner of the premises to take
such action ia the matter as his inclina.
tions promp; and the law allows. for j,
must be admitted that inclination and
law do not always poin, in the same
direction in such cases. In some states
il is left for him either 10 drive the
trcSpasserS home. with a modest request
tha, the owner will keep them there; to
coniinc them on his own premises,
sending notice to the owner TO "pay
charges and take them away" to
empound them in the town pound, OF
To turn them into the street to 60 their
own way.
But how about dogs, cats, turkeys,
chickens and similar trespassers? In
many states dogs and cats are not con-
sidered property, and may be shot, no,
poisoned, at will. In few states the
fence OF the law has been put about
dogs, and protects them from indis-
criminate 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 6
prosecution for theft nor may they be
impounded, at least in Connecticut. d
case having been tried there. Ainding
BIS turkeys on his premises sent them
to the pound. b sued out writ oI
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
| anu SC Ils uCuS StIdkIu loui uOWCl
beds, peck every apple, peach ant
pear that falls from your trees, fly al
your grapes, and commit such otheI
damage and annoyance as in thei
power and nature lies. with the salts
faction Of knowing that you have nc
remedy. You may kill and eat them i
you like, but you would be liable TO
their full value, and perhaps to a sui
for a malicious destruction Of property
as in case we once knew in this state
where man shot his neighbours hen
} and threw them over the fence as th,
easiest way OF getting them home
This case never came to trial. Tn,
! lawyer to whom il was intrusted pocket
ed the fee from both ncighbors an,
quashed the whole proceedings. Tn
plaintiff was satisfied to know that h
! had made the defendant sweat for hi
impudence, while the defendant wa
glad to get OF without having heay,
bill Of court costs to settle.