The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-08-19
TREsPAssINe IN THE COUNTRY.

%AANoN -ASOA4to A2N lin NoON Ah1s
To the Editor Of the Press.
The recent incident described in the
PRESS of person trespassing upon MIR.
Murray's enclosure In Cape Elizabeth
taking two apples. for which the owner
demanded ten dollars, and upon refusal
to pay, called In constable and attempt
ed an arrest has two aspects Mr.. MUIR
rays demand no doubt seemed unrsason-
able to the trespasser. but to the owners
Of land on the cape, who are continually
suffering from these small Ntrespasses,
they finally hecor5e very aggravating.
People from the city seem to imagine
that they have the tight to go upon land
belonging to others, and unharness OF
hitch their horses. leaving them to stamp
up the ground and gnaw the trees. and
finally to come away after throwing up
on the ground lunch paper, tin cans,
empty bottles and other oulch, and arr
much astonished because the owner OBJ.
jects TO IT.
The first right OF the owners Of land IL
to hold 1t exclusively, and free from the
entry of others. That is one OF our earII.
est laws, THAT no man shall go upon the
land of another" In the above case Mr..
Murray himself had perfect right 90 mr.
rsst.the man entering his field or orchard.
UGH an arrest requires no warrant
Amy constable, swatchman, police officer,
shall errest and detatn persons violating
any law OF the state, until legal war
rant can be obtained, and they shall be
entitled to legal fees for such service.
They must only not act oppressiyely, and
must at once obtain warrant. The
above applies to officers. But there is
another law empowering owners of land
TO make arrests Of trespAsserE without
first obtaining warrant
SEQ IL. Chap. l27, Il. s., relating to
malicious mischief and trespasses on
property, provides that whoever wiifully
commits any trespaEs or employs another
to do SO by entering the garden, orchard,
pasture or improved land of another,
with intent to take, carry away, destroy
or injure trees, shrubs, grass, fruit turf,
etc., shall be punished by line not exceed
ing twenty dollars, and imprisonment for
not more than thirty days.
Sec. IL. Whoever 3nters upon or passes
over the garden. orchard or other enclosed
land of another between Apr. and Dec
/, after being forbidden by the owner or
occupant OF the land or his agent, or by
notice posted oOnspicuously on said prem
lseS, is guilty or trespass, and shall be
punished by fine not exceeding twenty
dollars, and SEQ. | applies to violations
OF this section. SEQ. ID authorizes the
''owner" of such place or any person en-
ployed. in its cultivation, sto arrest any
person violating the preceding section and
carry him before magistrate. This the
owner may do at once without warrant
He is only required to take him before
magistrate who will then issue his
warrant.
There are several other statutes to pro-
tect owners OF land. Persons are liable
to dine ana imprisonment for wilfuIly
and maliciously injuring trees, or fences
or opening gates, or throwing down bars,
or entering fields or pastures without the
consent of the owners.
An owner of Held or farm is for the
purpose of arresting a person entering
thereon without his consent and appro.
priating anything. an officer of the law,
and such trespasser who resists him Is
guilty of resisting an officer. And be-
sides, the criminal liability for violations
of the preceding sections the owner has a
civil action for damages against the
trespasser.
A SU FFERER