(单词翻译:单击)
TRESPASS1 DE BONIS ASPORTATIS, practice. The action brought by the owner of goods for unlawfully taking and carrying them away, is so called. This action will lie for taking away another's goods, even though he should return them, because by such taking he has deprived the owner of his right to enjoy them. 1 Bouv. Inst. n. 3611.
TRESPASS ON THE CASE, practice. The technical name of an action, instituted for the recovery of damages caused by an injury unaccompanied with force, or where the damages sustained are only consequential2. See Case, and 3 Bouv. Inst. n. 3482 to 3509.
TRESPASS QUARE CLAUSUM FREGIT, practice. This is the name of a remedy which lies to recover damages when the defendant3 has unlawfully and wrongfully trespassed4 upon the real estate of the plaintiff.
2. This action must be brought by the tenant5 in possession, for the injury is done to his possession. A remainder-man or reversioner cannot sustain it. 3. As the injury must be committed to the possession, one who has a mere6 incorporeal7 right cannot maintain this action. 4 Bouv. Inst. n. 3600.
TRESPASS VI ET ARMIS, practice. This is the remedy brought by the plaintiff for an immediate8 injury committed with force. It is distinguished9 from an action of trespass on the case, in this, that in the latter the injury is consequential, and not committed with direct force. 3 Bouv. Inst. n. 2871, 3482; 4 Bouv. Inst. n. 8583.
TRESPASSER10. One who couimits a trespass.
2. A man is a trespasser by his own direct actohen he acts without any excuse; or he may be a trespasser in the execution of a legal process in an illegal manner; 1 Chit. Pl. 183: 2 John. Cas. 27; or when the court has no juris4iction over the subject-matter when the court has jurisdiction11 but the proceeding12 is defective13 and void; when the process has been misapplied, as, when the defendant has taken A's goods on an execution against B; when the process has been abused 1 Chit. Pl. 183-187 in all these cases a man is a trespasser ab initio. And a person capable of giving his assent14 may become a trespasser, by an act subsequent to the tort. If, for example, a an take possession of land for the use of another, the latter may afterwards recognize and adopt the act; by so doing, he places himself in the situation of one who had previously15 commanded it, and consequently is himself a trespasser, if the other had no right to enter, nor he to command the entry. 4 Inst. 317; Ham. N. P. 215. Vide 1 Rawle's R. 121.
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trespass
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n./v.侵犯,闯入私人领地 | |
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consequential
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adj.作为结果的,间接的;重要的 | |
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defendant
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n.被告;adj.处于被告地位的 | |
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trespassed
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(trespass的过去式与过去分词形式) | |
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tenant
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n.承租人;房客;佃户;v.租借,租用 | |
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mere
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adj.纯粹的;仅仅,只不过 | |
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incorporeal
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adj.非物质的,精神的 | |
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immediate
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adj.立即的;直接的,最接近的;紧靠的 | |
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distinguished
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adj.卓越的,杰出的,著名的 | |
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trespasser
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n.侵犯者;违反者 | |
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jurisdiction
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n.司法权,审判权,管辖权,控制权 | |
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proceeding
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n.行动,进行,(pl.)会议录,学报 | |
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defective
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adj.有毛病的,有问题的,有瑕疵的 | |
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assent
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v.批准,认可;n.批准,认可 | |
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previously
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adv.以前,先前(地) | |
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