24 THE SHOOTER'S GUIDB. 



Trespass 



Applies either to qualified or non-qualified per- 

 sons ; and means literally, the entry of one man upon 

 the grounds of another, without the occupier's per- 

 mission, and doing some damage, however trifling, to 

 his real property, for which an action may be brought 

 and satisfaction obtained according to the extent of 

 the mischief, or the malicious intention of the tres- 

 passer. Nevertheless, in order to prevent as much 

 as possible vexatious litigation, it is enacted by 43 

 Eliz. and 22 & 23 Car. II. that where less damages 

 than 40s. are given by the jury, the plaintiff shall be 

 allowed no more costs than damages ; unless (See 8 

 & 9 Will, and Mary, c. 1 1.) it shall appear that the 

 trespass was wilful and malicious ; in which case, the 

 plaintiff shall recover full costs of suit. 



A man becomes a wilful trespasser in the legal 

 sense of the term, if he come again upon the land or 

 manor from which he has been desired to abstain, 

 either verbally or by a written notice. The occu- 

 pier of land can, on such land, demand the address 

 of a sportsman, or a sight of his certificate, a refusal 

 of which subjects the party to a penalty of 20?. This 

 demand can also be made by any assessor or collector 

 of taxes of the parish, commissioner, surveyor, in- 

 spector, gamekeeper of the manor, or the landlord or 

 lessee of the land upon which the sportsman is found. 

 I should imagine that it is in order to prevent any 

 fraud on the revenue, that the commissioner, sur- 



