1146 EXPLORATION GEOPHYSICS 



for preliminary study and sampling prior to any diamond drilling or actual 

 exploratory development work. The following periods are recommended 

 and should be provided for in the agreement : 



(a) At least 60 to 90 days or more for preliminary geological (including geophys- 

 ical) study, sampling, review of records, etc. No payment is customarily made during 

 this period. 



(b) If the preliminary option granted under (a) is exercised, usually two years 

 or more should be allowed for diamond drilling, more detailed geological studies, and 

 possibly underground development. Sometimes small annual payments are made during 

 this period. 



(c) Depending on the results of (b) the option may be dropped, or the property 

 acquired in accordance with the specified terms of the agreement. 



Permit and Trespass Practice 



A "trespasser" has been defined as :* "One who does an unlawful act, 

 or a lawful act in an unlawful manner, to the injury of the person or 

 property of another; one who makes an unauthorized entry of another's 

 property; one who goes upon the premises of another without invitation, 

 express or implied, and does so out of curiosity, or for his own purposes 

 or convenience, and not in the performance of any duty to such owner; 

 one who unlawfully enters or intrudes upon another's land, or unlawfully 

 and forcefully takes another's personal property." From this definition 

 of a trespasser one can readily define the word "trespass," and ascertain 

 what acts or conduct fall within the category of trespass. 



The gist of the action of trespass is disturbance of possession. Unlaw- 

 ful intent is not necessary; therefore, the intent or motive is immaterial 

 as regards the trespasser's liability, except in so far as it may affect the 

 measure of damages. The fact that the trespass was wilful or malicious 

 is material only for the purpose of obtaining punitive damages. 



From the foregoing it might appear that actual damage must be 

 suffered by the party against whom the trespass is committed, but this 

 is not the case. A trespass may be committed without any damage being 

 done, as the act itself of entering unlawfully upon another's property 

 is sufficient to support a cause of action for trespass. 



In all jurisdictions a cause of action arises against the trespasser for 

 all "actual" damages suffered by the landowner, the actual damages 

 being based upon the amount of money which would compensate him 

 for all damages suffered at the hands of the trespasser. This would 

 include the cost of repairing fences, compensation for lost crops, replacing 

 the soil so that it is in the same condition as before the trespass was 

 committed, and other damages of like nature. In many jurisdictions 

 exemplary or punitive damages are allowed in addition to the actual 

 damages, and in most jurisdictions the landowner would be entitled to 

 exemplary or punitive damages, although no actual damage of a sub- 

 stantial nature had been suffered. 



* Little vs. State, 89, Alabama Reports, p. 89. Heller vs. New York, 265, 

 U. S. Federal Reports, 192, Vol. 63, Corpus Juris, p. 887. 



