Page:Collier's New Encyclopedia v. 09.djvu/568

TREPANNING 498 TRESPASS edge so as to form a circular saw. The operation of trepanning is resorted to for the purpose of relieving the brain from pressure; such pressure may be caused by the depression of a portion of the cranium, or it may be produced by an extravasation of blood, or by the lodgment of matter betwixt the skull and the dura mater, occasioned by a blow upon the head, or the inflammation of the membranes of the brain. TREPOMONADID^, in zoology, a family of pantostomatous Flagellata, with a single genus, Treponiotias. Ani- malcules naked, free-swimming, asym- metrical; two flagella separately in- serted; no distinct oral aperature. TREPOMONAS, the type genus of Trepomo'nadidx, with a single species, T. agilis, from marsh water with decaying vegetable substances. TRERON, in ornithology, tree pig- eons; a genus of Columbidas (the Vinago of Cuvier), with 37 species, ranging over the whole Oriental region, and E. to Cel- ebes, Amboyna and Flores, and the whole Ethiopian region to Madagascar. Formerly made the type genus of the lapsed family Treronidx. TRERONID^, in ornithology, a fam- ily of ColuTnbacei, approximately equiva- lent to the genus Treron. Bill large, strong, compressed at sides, tip very hard, hooked; nostrils exposed; tarsi short, partly clothed with feathers be- low tarsal joint; the whole foot formed for perching and grasping; claws strong, sharp, and semicircular. TRESCOTT, WILLIAM HENRY, an American diplomatist; born in Charles- ton, S. C, Nov. 10, 1822; was graduated at Charleston College in 1840; admitted to the bar in 1843; assistant Secretary of State from June, 1860, till South Caro- lina seceded; represented that State in Washington after the war till the differ- ences arising from the reconstruction acts were adjusted. He settled perma- nently in Washington in 1875, and there resumed the practice of law; was counsel for the United States before the Fishery Commission at Halifax in June, 1877; was a commissioner with General Grant to arrange a commercial treaty with Mexico in 1882; and served in other im- portant diplomatic capacities. His pub- lications include: "A Few Thoughts on the Foreign Policy of the United States" (1849) ; "Diplomatic System of the Uni- ted States" (1853) ; "The Diplomatic-His- tory of the Administrations of Washing- ton and Adams" (1857) ; etc. He died in Pendleton, S. C, May 4, 1898. TRESPASS, in law, a physical inter- ference with the person or property of another. However innocent the act, if it be voluntary, a legal wrong is done. Thus, if pursued by a wild beast you deliberately take refuge in another man's house, you commit a trespass ; but if you rush there in mere blind fear you do not. Again, if you drive in so careless a manner as to hurt any one, though unintentionally, this is a tres- pass. If animals or, indeed, any chat- tels are on a man's land doing damage, they may be seized and impounded till compensation be made. This remedy is called distress damage feasant. It is similar to distress at common law — e. g., there is no power of sale. If a dog worry cattle or sheep, the owner is liable. For- merly it was necessary to prove scienter — {. e., knowledge by the master of the animal's vicious disposition. Scienter must still be proved in other cases, and generally when animals, not savage by nature, do hurt — a legal doctrine quaintly parodied in the vulgar saying that the dog is entitled to his first bite. Even in complete absence of real injury an action for trespass will lie, for, says Lord Denman, those rights are an ex- tension of that protection which the law throws round the person. A verdict of a farthing damages is, however, the fre- quent and appropriate compensation for injury without damage {injuria sine damno). As will be seen, there are various kinds of trespass: (1) trespass to goods, which consist in damaging them phys- ically, as asportation — i. e., carrying them away; (2) trepass to the person, which is either battery, assault, or false imprisonment. Battery is an active at- tack on any one. Assault is an at- tempted battery; both are criminal of- fenses as well as civil wrongs. False imprisonment is usually classed among the latter. It consists in depriving a man of his liberty without lawful excuse. Compelling any one to submit by the ex- hibition of superior force, though no ac- tual violence be used, is a wrong of this nature. If a constable intervene, the question is, did he do so of his own ini- tiative, or at the prompting of a third party? In the second case only, even if the arrest be illegal, can the third party be held liable for the false imprisonment? Trespass to the person may be justified on the ground that a man was acting in self-defense, that it was necessary to stop a breach of the peace, to apprehend a felon, or to assist police officers in the execution of their duty, and that the person arrested was dangerous to himself and others.