Trespass - Law Dictionary Search Results
Home Dictionary Name: trespass Page: 3Qu' est eadem
Qu' est eadem (which is the same). In trespass and other actions, when the plea necessarily stated the trespass to have been committed at some other time, place, etc., than that laid in the declaration, it was usual, before the conclusion of the plea, to allege, that the supposed trespasses mentioned in the plea were the same as those whereof the plaintiff had complained. This allegation was usually termed qu' est eadem. It was equivalent to a traverse of the time and place named in the declaration, 1 Chit. Pleading, 581.It means which is the same. This phrase was used by a defendant in a trespass action to show that the trespass the defendant was justified in committing was the same as that alleged in the plaintiff's pleading, that is, the plaintiff gave the defendant permission to enter, and so the defendant entered the property, Black's Law Dictionary, 7th Edn., p. 1252....
Trover
Trover [fr. trouver, Fr., to find]. This was a special action upon the case, properly called the action of trover and conversion (see that title), which might be maintained by any person who had either an absolute or special property in goods, for recovering the value of such goods against another, who, having or being supposed to have obtained possession of such goods by lawful means, had wrongfully converted them to his own use. It originally lay only where the goods had been lost by the plaintiff and 'found' (whence the name) by the defendant, but it was in course of time allowed to be brought as above upon a fictitious allegation of the finding not required to be proved, but not formally abolished until 1852, by the C.L.P. Act, 1852, s. 49.The action was also termed one of conversion, but 'wrongfully depriving' is the term now more frequently used. Under the old common law there were four different remedies for the wrongful deprivation of goods-viz., the actions of trespass to good...
Close
Close, a field or piece of land parted off from other fields or common land by banks, hedges, etc. Every entry upon another's land (unless by the owner's leave, or in some very particular cases) is an injury or wrong, for which an action of trespass will lie to recover such damages as a jury may think proper to assess, and this injury is called trespass quare clausum fregit, or trespass for breaking a man's close....
Ab initio
Ab initio [Lat.] (from the beginning). A person who abuses an authority given him by law becomes a trespasser ab initio, i.e., is liable as a trespasser from the beginning. See the Six Carpenters' case, (1611) 8 Rep. 146; 1 Smith's L.C. a party making an irregular distress for rent is not deemed a trespasser ab initio, by virtue of the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 19. A second distress may be good if the first is void ab initio, Grunnel v. Welch, (1906) 2 KB 555....
Caveat viator
Caveat viator (let the traveller beware), meaning that he must use reasonable care for his own safety; but a traveller or passer-by on premises on or over which he has a right to be or to pass is entitled to be protected from the negligence of those who are under some duty to passers-by or users of the premises. The degree of duty varies according to whether the victim of the accident has a contract involving care or even absolute assurance or warranty on the part of the defendant in regard to the soundness of the premises or otherwise, or whether the plaintiff was a visitor or licensee. See Indermaur v. Dames, (1866) LR 1 CP 274, Latham v. Johnson, 1913 (1) KB 398, and Norman v. Great Western Railway Company, 1915 (1) KB 584 (2) CP 311. The case of a trespasser is quite different, but even then the owner of the land or person in possession has no right to lay a trap for him or commit any other wilful injury, see Bird v. Holbrook, (1828) 4 Bing 628, with that exception, the owner of th...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Rabbit
Rabbit, also termed 'coney' in the (English) Game Act, 1831, ss. 30-32 of which render trespass in the daytime in pursuit of conies punishable on summary conviction by fine upto 2l; trespassers may be required to quit the land and to tell their names and abodes on pain of arrest on refusal, and similar trespass with violence by five or more armed persons is punishable by fine up to 5l. By the (English) Night Poaching Act, 1828, s. 1, unlawfully taking or destroying game or rabbits by night is punishable on summary conviction by imprisonment up to three months with hard labour (with increased punishments for second or third offences); and by s. 9 of the same Act, armed persons to the number of three or more unlawfully entering land for the purpose of destroying game or rabbits are punishable after conviction on indictment by penal servitude up to ten years or imprisonment with hard labour up to three years.A tenant may shoot rabbits on his farm, although the right of sporting is reserve...
Querela coram rege a concilio discutienda et terminanda
Querela coram rege a concilio discutienda et terminanda, a writ by which one is called to justify a complaint of a trespass made to the King himself, before the King and his council, Reg. Brev. 124.Means a dispute to be discussed and resolved by the council in front of the king. A writ ordering someone to appear before the king to answer to a trespass, Black's Law Dictionary, 7th Edn., p. 1259....
Quare clausum fregit
Quare clausum fregit (wherefore he broke the close). Trespass is of three kinds: (1) to the person; (2) to the goods; and (3) to the lands of the plaintiff. The action for the third kind of trespass is often termed guage of the old writ which commanded the defendant to show quare clausum querentis fregit why he broke the close of the plaintiff, Steph. Com., bk. 5, chap. 7, s. 2. This was followed by the 'ac etiam' (q.v.)....
Force and arms
Force and arms [vi et armis, Lat.], words usually inserted in an indictment, though not absolutely necessary, 14 & 15 Vict. c. 100, s. 24. They were also formally inserted in every declaration for trespass, in order to give the Court of Common Pleas or Exchequer jurisdiction, but were rendered unnecessary by the Common Law Procedure Act, 1852 (15& 16 Vict. c. 76), s. 49.The phrase was used in Common-Law pleading in declaration of trespass and in indictment to denote that the offending act was violently. Black's Law Dictionary, 7th Edn., p. 657....
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