Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/224

Rh act of the defendant or his beats in coming upon the land be proved, it is an act of trepas for which the plaintiff mut recover ome damages; uch however as the jury hall think proper to aes.

trepaes of a permanent nature, where the injury is continually renewed, (as by poiling or conuming the herbage with the defendant’s cattle) the declaration may allege the injury to have been committed by continuation from one given day to another, (which is called laying the action with a continuando) and the plaintiff hall not be compelled to bring eparate actions for every day’s eparate offence. But where the trepas is by one or everal acts, each of which terminates in itelf, and being once done cannot be done again, it cannot be laid with a continuando; yet if there be repeated acts of trepas committed, (as cutting down a certain number of trees) they may be laid to be done, not continually, but at divers days and times within a given period.

ome caes trepas is jutifiable; or, rather, entry on another’s land or houe hall not in thoe caes be accounted trepas: as if a man comes there to demand or pay money, there payable; or to execute, in a legal manner, the proces of the law. Alo a man may jutify entering into an inn or public houe, without the leave of the owner firt pecially aked; becaue, when a man profees the keeping of uch inn or public houe, he thereby gives a general licence to any peron to enter his doors. So a landlord may jutify entering to ditrein for rent; a commoner to attend his cattle, commoning on another’s land; and a reverioner, to ee if any wate be committed on the etate; for the apparent neceity of the thing. Alo it hath been aid, that by the common law and cutom of England the poor are allowed to enter and glean upon another’s ground after the har-

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