TRESPASS as a legal term, in the law of England, means any wrong or injury com mitted upon either the person or property of an individual. not amounting to a crime. As regards a trespass to the person. the more familiar term is an assault or imprisonment; but trespass as to goods and chattels is more commonly known tinder the names of the remedies applied, as, for example, actions of trover (q.v.), detinue (q.v.). Trespass is the technical as well as popular name for that kind of injury which is done to a man's land or house by intruding into it against his will. In English law, the maxim is well known that every man's is his castle, and be is entitled to treat as an enemy any person who attempts to enter without his leave. There are, however, a few exceptions to this rule of the inviolability of a man's house, for it is no protection against the officers of the law when executing criminal process—for example, coming to apprehend a person charged with crime. But, as regards mere civil warrants, the officers of the law have no right to break open a man's outer door in order to effect an arrest for debt; and no civil court can give the bailiff such a power. The consequence is, that the bailiff can only wait outside, or endeavor by some stratagem to get inside t he house in a peaceable manner; and if once inside ;he outer door. he can then break his way through the house, in order to dud his debtor. Such is the law as to iutrudiug into a man's house armed with the authority of the law.
It is a general rule applicable to a man's house as well as land, that if a stranger enter without leave, and do not quit at the request of the owner (who is not bound to state any reason for his request), the owner may by force eject the intruder. In doing.so, however, he must not use more force than is necessary to overcome the resistance offered. If the intruder enter with force, the owner may turn him out without even first request ing him to depart; but if the intruder cuter quietly, he must first be requested to leave before hands can be put upon bins If. in turning a stranger out, the stranger assault the owner, then the latter may defend himself; but a policeman cannot interfere, or rather it is not compulsory upon hint to interfere, unless he sees an assault committed by the intruder. Sometimes it is erroneously believed that a person is entitled to go to another's house on lawful business, and insist ou admission, and even to remain till he get an answer—such as a creditor to demand his money; but this is not so. A creditor
may be ordered away, and has no more right to intrude than any stranger. It is also sometimes erroneously supposed that any member of the public is entitled to enter into certain public places, such as a shop or a theater; but this is tint so. Any shop keeper can turn any person he pleases, at any moment, out of his shop, and is not bound to deal with any person except he chooses So with a keeper of a theater or other place conrnonly described as public places. There is as exception, however, as to an inn keeper (q.v.), who is bound, if he have accomodation and the means, to admit a traveler requiring refreshment. As to all other places, the general rule is, that whoever is the oc cupier of a house, or of land, is exclusively entitled to possession, and can extrude any person who refuses on request to leave, or if he prefer to resort to his legal remedy, he can sue such intruder in an action of chuna:ms. The amount of damages recovered will depend greatly on the circumstances attending the trespass, and whether insult or out rage was an accompaniment.
It is often erroneously believed by the public, as well as by some landlords or occu piers, and it is probably a wholesome delusion, that it is a criminal offense for a stranger to trespass upon lands, and that such stranger can be given into custody for doing so; and to keep up this impression, it is common for landlords or occupiers to stick up a notice with the words: "Trespassers will be prosecuted." But the fact of such a notice, or of there being a fence to the land, does not make any difference with regard to the i trespasser, who is just as much liable to an action of damages, but to nothing else, for the trespass, whether he knew or not of such notice; and in neither case, can he be given into custody, as if for a criminal offense. If, however, a trespasser were to break the trees, or do willful damage (other than mere walking or riding) he may he liable to be i apprehended; and if he is at the time trespassing with intent to catch or kill game, he may in some cases be apprehended and ..iven into custody. See GAME, POACHING. It is a defect in the law that owners of land have no summary remedy except physical force to turn out or keep off trespassers, and that juzfices of the peace have no power to impose a Immoderate fine upon trespassers for repeating acts of trespass after notice that the owner or occupier dislikes them.