trespasser


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See: malefactor

TRESPASSER. One who commits a trespass.
     2. A man is a trespasser by his own direct action he acts without any excuse; or he may be a trespasser in the execution of a legal process in an illegal manner; 1 Chit. Pl. 183: 2 John. Cas. 27; or when the court has no jurisdiction over the subject-matter when the court has jurisdiction but the proceeding is defective and void; when the process has been misapplied, as, when the defendant has taken A's goods on an execution against B; when the process has been abused 1 Chit. Pl. 183-187 in all these cases a man is a trespasser ab initio. And a person capable of giving his assent may become a trespasser, by an act subsequent to the tort. If, for example, a an take possession of land for the use of another, the latter may afterwards recognize and adopt the act; by so doing, he places himself in the situation of one who had previously commanded it, and consequently is himself a trespasser, if the other had no right to enter, nor he to command the entry. 4 Inst. 317; Ham. N. P. 215. Vide 1 Rawle's R. 121.

References in periodicals archive ?
An investigation revealed that the trespasser was extremely intoxicated and had stumbled into the wrong house.
When she confronted him, the trespasser stabbed her arm with a sharp object before fleeing on foot.
And at Coventry Magistrates Court on February 7, Swinburn admitted entering the Britannia Hotel in Coventry city centre as a trespasser on November 8 with intent to steal, and stealing a TV worth PS240 after entering a house in Tile Hill on November 20 as a trespasser.
Pleaded guilty to, jointly with another, entering Homeside Social Club, in Dunston, as a trespasser with intent to steal on June 5.
The offence of residential squatting is committed when a person knowingly enters a residential building as a trespasser and is living in the building, or intends to live there, for any period.
Mary, who has kept donkeys for 17 years, is convinced the trespasser will not return to her home in Preston, Lancs.
A trespasser enters land of another without any legal right and without any implied assurance of safety from the owner or occupier of the land," the brief states.
He said the municipality will not be lenient with anyone who fails to perform their duty in removing any trespasser or encroacher.
RIHANNA has taken out a restraining order against a trespasser who was arrested at her LA home earlier this month.
Washington, Oct 5 ( ANI ): The trespasser, who tried to enter Rihanna's Pacific Palisades home recently, has been arrested and booked under burglary charge, according to reports.
to a report of a trespasser in the 900 block of Patterson Street.
THE greatest hurdler ever seen before World War II, Trespasser won all his six races under NH rules including a County Hurdle and three Imperial Cups (1920-2).