THE LAW OF TRESPASS. 175 



TRESPASSING ON THE FARM. 



The general rules in regard to trespassing on another's 

 lands are pretty well understood in the community, but on 

 one point there is sometimes an errroneous impression. It is 

 often thought, that, if a person simpl}^ crosses your land for 

 twenty years, he thereby alivays acquires a right to continue 

 the practice ; but this is far from being universally true. The 

 very foundation of acquiring such a right (prescriptive right 

 as it is called) is,. that the crossing must have been adversely 

 to the land-owner, contrary to his wishes, or at least without 

 his permission, express or implied, and under a claim of a 

 legal right so to do, whether the farmer is willing or not. If, 

 therefore, the person crossing does so with the permission^ 

 or by the mere indulgence, of the land-owner, and not under 

 any claim of right, it is wholly immaterial how long the cus- 

 tom has continued. Forty years' travel by consent of the 

 owner would not give any right to continue to pass after he 

 had been forbidden to do so; and, to avoid any misappre- 

 hension in such cases, it is wise for the farmer to put up 

 notices forbidding it, as we so often see done. And this not 

 only makes it clear that thenceforward the intruder is a 

 trespasser ; but, by a recent law in tliis State, he is also made 

 liable, after such notice, to a fine of twenty dollars for wil- 

 fully crossing or entering upon any garden, orchard, mow- 

 ing-land, or other improved land, between the first day of 

 April and the first day of December (St. 1876, chap. 181). 



By this law the wilful trespassing on such lands during the 

 summer and fall months is made a crime : and any constable 

 or other officer may arrest the offender on the spot, and take 

 him before some proper tribunal for trial and sentence. But 

 at al] other seasons of the year, or as to any other kinds of 

 lands, such a trespass is only a civil trespass, not a crime, and 

 the only legal remedy is by an action for damages done, 

 which may be very unsatisfactory. 



If, however, a man's object in coming into your premises is 

 to steal your fruit, cranberries, or other crops, that itself is a 

 crime, although he does not accomplish his purpose ; and you 

 may put him out by force, after notice to leave, using no un- 

 necessary violence. But you cannot lawfully set spring-guns, 

 man-traps, or other instruments wliich may do him grievous 



