Page:Black's Law Dictionary (Second Edition).djvu/1179

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TREBUCKET

jury, actually tripled in amount. The usual practice has been for the jury to find the singie amount of the daiuages, and for the court, on motion, to order that amount to be lrehled. 2 Tidil, Pr. 893, 894.

TREBUCKET. A tumbrel, castigatory. or curbing-stool. see James v. Comm., 12 Serg. S: R. (Pa.) 227.

TR]-JET. In old English law. Fine wheat,

TREMAGIUM, TREMESIUM. In old records. The season or time of sowing sum- mer corn, being about March, the third month, to which the word may allude. Cow- eli.

Tr-es fnciunt eollegiuiii. Three mnlse a corporation; three members are requisite to constitute a corporation. Dig. 50, 16, 8; 1 Bl. Comm. 469.

TRESAEL. L. Fr. A great-great-graiid- father. Britt. c. 119. Otherwise written "tresm'(-l," and “tresuwle." 3 Bl. Comm. 186; Litt. § 20.

TR!-JSAYLE. An abolished writ sued on ouster iiy abatement, on the death of the grandfather's grandfather.

TRESPASS. Any mlsfeasunce or act or one m.in whereby another is injuriously treated or damnified. 3 Bl. Comm. 208.

An injury or nnsreasance to the person, property, or rights of another person, done with force and violence, either actual or implied in law. See Grunson v. State. 89 Ind. 5.5!). 46 Am. Rep. 178; Southern Ry. Co. v. H irden, 101 Ga. 263, 28 S. E. 847; Blood V. Kemp, 4 Pick. (M.iss.) 173; Toledo. etc., R. Co. v. l\Ic-Laughiin. 63 Ill. 391; Agnew v. Jones, 74 Miss. 3-17. 23 South. 25; 1'—l11i v. Iiimlinll, 76 Tex. 210, 13 S. W. 59, 7 L. R. A. 618.

In the strictest sense, an entry on another‘s ground, without a lawful authority, and dolng some d.'i1u.ige, however inconsiderahle, to his real property. 3 Bl. Comm. 209.

Trespass. in its most comprehensive sense, siunifms any traiis_-zi ssinn or offense against iaw of nature, society, or of the country in which ive live; and this, whether it relates to II nian’s person or to his pi-opcrt_y. In its more limilod and ordinary sense it signifies an iiijiiry committed with vioience, and this vio- iance may be either actual or implied; and the law will imply violence though none is actually used, when the Injury is of a direct and immedinte kind, and committed on the person or tangible and corporcai property of the plaintiff. Of actii.-ii iloleuce, an assault and battery is an instance: of impiird, a peace-ihle but wrongful entry upon a person's lzuitl. Brown.

In practice. A form or action, at the common laiv, which lies for redrms in the shape of money damages for any uniaivful injury done to the plaintiff, in respect either

1171

TRESVIRI

to his person, property, or rights, by the im- mediate force and violence of the defendant.

—Cqntin11ing trespass. One which does not consist of a single isolated act but is in its nature a permanent invasion of the rights of another; as, where a person builds on his own land so that a part of the building overhangs his neighbor‘: lani.l.—Pe1-inanent trespass. One which consists of a series of acts, done on successive days, which are of the same nature, and are renewed or continued from day to day, so that, in the aggregate, they make up one indivisible wrong. 3 Bl. Comm. ‘2l2.—Tres~ mus de bonia aspnrtatis. (Trespass tor goods carried away.) In practice. The technical name of that species of action of trespass for injuries to personal-property which iies where the injury consists in C'LIT1’(ulll~([ away the goods or property. See 3 Bl. Comm. 130, l51.—'l.‘respass for mesne profits. A form of aclioii supplemcntni to an action of eject- ment, brought against the tenant in possession to recover the profits which he has wrongfully received during the time of his occupation. 3 Bl. Comm. 2(l‘.5.—'l.‘res1ia.ss on the ease. The form of action, at common law, adapted to the recovery of damages for some injury resulting to a party from the wrongfui act of another, unaccompanied by direct or immediate force. or which is the indirect or sccomlary conse- (]llPiJ_(:e of such aent. Commonly called, by ab-

-iation. “ See Muiial v. Brown (C. C) 70 Fed. Sb, Nolan v. lhiirond Co.. 70 Conn. 159 Ati 115 43 L . A. 305;

. o. . . .

Christian v. Mii . 2 Waik. (Pm) ]31.—'l‘respass qnare clausum freg-it. “Trespass wherefore he broke the close." The common- iaiv action for ilaniages for .in unlawful entry or trespass upon the pl:iintil‘f‘s land. In the Latin form of the ivrit, the defendant was cali- ed upon to show why he broke the plaintiff's close; i. 9., the reiii or imusiniiry structuie icnlosing the land, whence the name. It is rom- monly abbreviated to ‘tree may 14. cl. fr." See Kirnliail v. Hilton. 92 ‘Vie. 21-2. 42 Atl. 3'.l—l —'.[‘respi1s| to try title. The name of the action used in sevcrzil of the states for the recovery of the posscssion of rcnl property, \\ltl’l damages for any trespass rnmniittrd upon the same by the dofentlant.—'.l‘res1iass vi et armis. Trespass viitli force and arms. The common- iaiv action for damages for any iniiir_v com- mittrtl by the defcnrl-int with direct and lm- mediate force or vioience against the plaintiff or his property.

TRESPASSER. One who ha committed trespass; one who uniawfiilly enters or intriiiles upon another's land, or unlawfiiily and forcibly takes another‘: personal prop- erty.

—Joint trespassers. in ljf\I|1I2lJltt‘l|’lL( a trespass. 60 Kan. 157. 55 P'ic. S7 10‘) Ky. Fri, 719 S. W. L. R. ‘\. ‘lST.— Trcspssser ab initio. TH-‘S[i1lF5(‘l‘ from the l)f‘gl'lJl.lllJ}:. A term applied to a tort-tensor whose nets rel-ite hack so as to m.-ilie a previous act. at the time innocent. unlaiiful: as, if he enter peaceably, anrl siihscquentlv commit a breach of the peace. his entry is considcred a trespass. Stini. (.‘loss. Sse Wriglit v. .\'Iarrin. 59 Vt. 437. 9 Atl. 601.

Two or more_ivho unite Kansas City v. Fiic, 'nnte v. 1’nsleL


TRESTORNARE. In all} English law. To turn aside; to dli ert a stream from its course. Bract. fols. 115, 2341;. To turn or aiter the course of a road. Cowell.

TRESVIRI. Lat. In Roman law. Ofl:l- cers who had the charge of prisons, and the

execution of condemned criminals. Cairin