T R E 



T R 



E 



reafonable time : fo if a landlord diftrained foi* rent, and 

 wilfully killed the diftrefs, this made him a trefpafTer ab 

 initio: and fo would any other irregularity have done, till 

 the ftatute ii Geo. II. c. 19. which enafts that no fubfe- 

 quent irregularity of the landlord (hall make his firft entry a 

 trefpafs ; but the party injured fhall have a fpecial aftion 

 on the cafe for the real fpecific injury fuftaincd, unlefs 

 tender of amends hath been made. But ftill, if a revcr- 

 fioner, who enters on pretence of feeing wafte, breaks the 

 houfe, or ftays there all night ; or if the commoner, who tends 

 his cattle, cuts down a tree ; in thefe and fimilar cafes the 

 law judges that he entered for this unlawful purpofe ; and 

 therefore, as the aft which demonftrates fuch his purpofe is 

 a trefpafs, he (hall be deemed a trefpalfer ali initio. So alfo 

 in the cafe of hunting the fox or the badger, a man cannot 

 juftify breaking the foil, and digging him out of his 

 earth. 



A man may juftify an aftion of trefpafs, on account of 

 the freehold and right of entry being in himfelf ; and this 



defence brings the title of the eftate in quellion And this 



is one of the ways devifed, fince the difufe of real aftions, to 

 try the property of eftates : though not fo ufual as that by 

 ejeftment, which being a mixed adlion, gives damages for 

 the ejeftion, and poflelfion of the land : whereas in trefpafs, 

 which is a perfonal fuit, the right can be only aicertained, 

 but no poifeflion delivered ; nothing being recovered but 

 damages for the wrong committed-. 



In an aftion of trefpafs, the plaintiff" always fues for 

 damages, or the value of the hurt done him by the 

 defendant. 



In order to prevent trifling and vexatious aftions of 

 trefpafs, as well as other perfonal aftions, it is [inter alia) 

 enafted by ftatutcs 43 Ehz. c. 6. and 21 Jac. I. c. 16. and 

 22 & 23 Car. II. c. 9. that where the jury who try an 

 aftion of trefpafs give lefs damages than 40/. the plaintiff 

 ihall be allowed no more cofts than damages ; unlefs the 

 judge (hall certify under his hand, that the freehold or title 

 of tlie land came chiefly in quellion, or that an aftual bat- 

 tery, and not affault only, was proved. And by ftatute 

 4 & 5 W. & M. c. 23. and 8 & 9 W. III. c. II. if 

 the trefpafs were committed in hunting or fporting by an 

 inferior tradefman, or if it appear to be wilfully and mali- 

 cioufly committed, the plaintift" (hall have full cofts, though 

 his damages, as afFelfed by the jury, amount to lefs than ifis. 

 Blackft. Comm. vol. iii. 



Trefpafs is alfo divided into local znA. tranfitory. 



Trespass, Local, is that which is fo annexed to the place 

 certain, that if the defendant join ilfue upon a place, and 

 traverfc the place mentioned in the declaration, and aver it, 

 it is enough to defeat the aftion. 



Tkespass, Tranfitory, is that which cannot be defeated 

 by the defendant's traverfe of the place, becaufe the place is 

 not material. 



The aftion of trefpafs, quare claufum /regit, ought to be 

 local. 



TRESSEL or TRESTLE-rre^j, in a Ship, two ftrong 

 bars of oak-timber refting on the cheeks of lower-mafts, or 

 hounds of top-mafts. To lower-mafts they are fecured by 

 ■being fcorcd and bolted horizontally on the oppofite fides of 

 the maft, fore and aft, and further fupported by two bibs 

 or brackets, as ftioulders under them. Topmaft treftle- 

 trees are fupported by tlie hounds only. See Mast- 

 Making. 



TRESSNESS, in Geography, a cape on the fouth 

 ■•oaft of the ifland of Sanday. N. lat. 59° 5'. W. long. 



TRESSON, a town of France, in the department of the 

 Sarthe ; 15 miles S.E. of Le Mans. 



TRESSURE, in Heraldry, a diminutive of an orle, 

 ufually fuppofed to be half the breadth of it. 



It is ufually borne flory and counter-flory ; fometimes 

 double, and fometimes triple. 



TRESTIANA, in Geography, a town of European 

 Turkey, in Moldavia ; 24 miles S.E. of Jaffy. 



TR.ESTLE, Tressel, or Trujfcl, is explained, by 

 Minlhieu, to be a three-footed ftool ; or, more particularly, 

 a wooden frame or ftand to bear up tables, fcaff'olds, or 

 the like. 



TRESUND, in Geography, a fmall il]and in the gulf of 

 Bothnia. N. lat. 69° 13'. 



TRET, or Trett, in Commerce, an allowance made for 

 the walte, or the duft, that may be mixed with any com- 

 inodity, which is always four pounds in every 104 pounds 

 weight. See Tare. 



This allowance, which is faid to be for duft or fand, or 

 for the wafte or wear of the commodity, was formerly made 

 on moft foreign articles fold by the pound avoirdupois ; but 

 it is now nearly difcontinued by merchants, or allowed in 

 the price. It is wholly abolilhed at the Eaft India ware- 

 houfes in London ; and neither trett nor draft is allowed at 

 the Cuftom-houfe. The weight which trett is allowed is 

 called the " futtle weight." 



TRETA, in Ancient Geography, a town of the ifland of 

 Cyprus, in the S.W. part of the ifland, very near Palce- 

 Paphos, to the S. Strabo places it between Boofura and 

 tiie promontory from which tliofe were precipitated who 

 had touched the altar of Apollo. 



TRETE, an ifland of the Red fea, upon the coaft of 

 Arabia. Ptolemy. 



TRETS, in Geography, a town of France, in the de- 

 partment of the Mouths of the Rhone ; 12 miles E.S.E. of 

 Aix. 



TRETUM, in Ancient Geography, a fmall town of the 

 Argolide, nearly N. of Argos. In the mountains near 

 this town was a cavern, which was the abode of a very fierce 

 lion, which is faid to have been flain by Hercules, and 

 which formed among the poets one of his labours. It was 

 called the lion of the forcft of Nemxa, iituated near the 

 town, to the W. of it. 



Tretum, or Tritiim, a promontory of Africa propria, 

 on the coaft of the gulf of Nuniidia. 



TRETUR, in Geography, a fmaU village of South 

 Wales, in the county of Brecknock ; 3 miles N.W. of 

 Crickhowel. 



TREVA, in Ancient Geography, a town in the northern 

 part of Germany. Ptolemy. — Alfo, a town of Italy, 

 in Flaminia, watered by the river Clytumnus. 



TREVANNION's Island, in Geography, an ifland in 

 the South Pacific ocean, and one of the duller called Queen 

 Charlotte's iflands, difcovered by captain Carteret in 1767, 

 near the coaft of Egmont ifland, or New Guernfey, in a bay 

 called Trevannion's Lagoon. S. lat. 10'' 43'. E. long. 

 1 63*^43'. 



TREUCHTLINGEN, a town of Germany, m the 

 margravate of Anfpach, on the Altmuhl ; 28 miles S.S.E. 

 of Anfpach. 



TREUEN, or Dreyen, a town of Saxony, in the 

 Vogtland ; 9 miles E.N.E. of Plauen. 



TREUENBRIETZEN, a town of the Middle Mark 

 of Brandenburg. This town was furrounded with walls in 

 the year 1296. It was at firft fimply called Brietzen, but 

 for its fidelity to the margrave Louis the Roman, was ho- 

 noured 



