able act of the defendant or his beaſts in coming upon the land be proved, it is an act of treſpaſs for which the plaintiff muſt recover ſome damages; ſuch however as the jury ſhall think proper to aſſeſs.
In treſpaſſes of a permanent nature, where the injury is continually renewed, (as by ſpoiling or conſuming the herbage with the defendant’s cattle) the declaration may allege the injury to have been committed by continuation from one given day to another, (which is called laying the action with a continuando) and the plaintiff ſhall not be compelled to bring ſeparate actions for every day’s ſeparate offence[1]. But where the treſpaſs is by one or ſeveral acts, each of which terminates in itſelf, and being once done cannot be done again, it cannot be laid with a continuando; yet if there be repeated acts of treſpaſs committed, (as cutting down a certain number of trees) they may be laid to be done, not continually, but at divers days and times within a given period[2].
in ſome caſes treſpaſs is juſtifiable; or, rather, entry on another’s land or houſe ſhall not in thoſe caſes be accounted treſpaſs: as if a man comes there to demand or pay money, there payable; or to execute, in a legal manner, the proceſs of the law. Alſo a man may juſtify entering into an inn or public houſe, without the leave of the owner firſt ſpecially aſked; becauſe, when a man profeſſes the keeping of ſuch inn or public houſe, he thereby gives a general licence to any perſon to enter his doors. So a landlord may juſtify entering to diſtrein for rent; a commoner to attend his cattle, commoning on another’s land; and a reverſioner, to ſee if any waſte be committed on the eſtate; for the apparent neceſſity of the thing[3]. Alſo it hath been ſaid, that by the common law and cuſtom of England the poor are allowed to enter and glean upon another’s ground after the har-
