Trespasser

One who has committed trespass; particularly, one who has entered, without right, upon lands of another; or who has forcibly taken, without right, the personal property of another. Trespasser ab initio. Wrong-doer from the beginning. Sometimes an act which does not appear wrongful, as against the party charged, when originally done, is treated as such, by the doctrine of relation, in view of facts afterwards occurring, or afterwards ascertained. Should a plaintiff's agent direct a wrongful levy of plaintiff's execution, and plaintiff afterwards ratify the direction given; or should an officer levy an execution, supposing it to be valid, and the courts afterwards adjudge it to be void;^ the wrong might be imputed to the original act. In such cases, a person is said to be a trespasser ab of an issue.

See JV.

Y. Code of Pro. §252.

Trial is the examination of a cause, civil or criminal, before a judge who lias jurisdiction over it, according to the laws of the land. More strictly, it is the examination of the matter of fact in issue: of this there are many different species, according to the difference of the subject to be tried; as, for example, trial by record, by inspection or examination, by certificate, by witnesses, and by jury. The first four of these species of trial are only had in certain special and eccentrical eases, where the trial by the country, per pete's, or by jury, would not be so proper or effectual. There were formerly two other kinds of trial, — by wager of battle and by wager of law; but the former was abo Hshed by the 57 Geo.