trespasser


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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 ?
"It is a criminal offence to trespass on the railways and electrified lines need to be switched off until the trespasser is found and removed, resulting in delays and cancellations to services."
Despite the resistance, three MRT-3 security men and a policeman managed to subdue the trespasser and eventually arrest him at 8:47 a.m.
The MRT said the trespasser was arrested by the authorities at 8:47 a.m.
A spokesman for British Transport Police said: "We were called to Crewe station at 7.34am following reports of a trespasser on the tracks.
w st Transport Police attend any fatalities lo h It is also much lower than the highest number on recent record - 2000/01, when 53 trespassers were killed.
Hopkins (illustrator); TRESPASSER; Alterna (Comics & Graphic Novels: Comics & Graphic Novels) 9.95 ISBN: 9781945762048
The Free-Lance Star reported out of Fredericksburg, Virginia, on May 14 about a Virginia Court of Appeals judge who nearly killed a trespasser on April 1.
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.