Page:Collier's New Encyclopedia v. 09.djvu/569

TBESPASS 499 TREVELYAN As regards trespass to land, since a plaintiff must succeed by the strength of his own, not by the weakness of his adversary's case, bare possession is a good title as against a wrong doer; so the occupier may turn out an intruder, using, on his refusal to depart peace- ably, as much force as is necessary. If the possessor be forcibly turned out, he may forcibly re-enter, even though outer doors be broken open to effect thei ^ purpose. But this must be done imme- diately, otherwise the owner, though en- titled to possession, will, if he use vio- lence, render himself criminally liable under the statutes of forcible entry. In making a distraint for rent or in levy- ing an execution, but not executing crim- inal legal process, it is a trespass to break open the outer door. Though the general rule is that an entry on an- other land is a trespass, yet in certain cases of necessity an entry is excused — e. g^ to abate a nuisance or to pre- vent the spread of fire. A customary right of recreation or right of way will excuse what would otherwise be a tres- pass. Cut glass or spikes on a wall are allowable as a defense against intruders ; but not man traps or spring guns (except inside a dwelling house), at least since 1827. Even before that a trespasser could recover for damages so done to him, unless he had notice of the existence of the engines in question. The mere act of trespassing on another's land is not a criminal offense, but by statute it is when in pursuit of game, on rail- ways, on places where explosives are stored or animals afflicted with conta- gious disease are confined. Besides the remedies for trespass — ^viz., forcible ex- pulsion and an action for damages — an injunction may be granted, even for a bare trespass, since the Judicature Act of 1873. The law of the United States is based on the English law. The term trespass, in Scotch law, is borrowed from that of England. It la restricted to trespass to land. TEEVELYAN, SIR CHARLES ED- WARD, a British statesman; son of Archdeacon Trevelyan of Taunton; bom April 2, 1807 ; was educated at the Char- terhouse and Haileybury College; and entering the East India Company's Civil Service held important posts under Lords Auckland and Bentinck. His vig- orous action promoted the abolition of Indian transit and town dues, and the introduction of educational institutions on a European model. In 1840 he was appointed assistant secretary to the treasury, and in 1848 was made K. C. B. for his attempts to relieve the distress caused by the Irish famine. With Sir Stafford Northcote and others he was long engaged in the revision of the civil establishments which led to the Civil Service being thrown open to public competition. He was governor of Ma- dras from 1859 to 1860, when he was recalled for protesting against the new taxes then imposed by the government of India. In 1862 he became financial min- ister in India, a post in which he inau- gurated important fiscal reform and a vast extension of public works, and which he resigned on account of ill health in 1865. He was created a baronet in 1874. Trevelyan married Miss Hannah More Macaulay in 1834 and was the author of "Education of the Irish People" (1838) ; "The Irish Crisis" (1848) ; "Pur- chase System in the British Army" (2d ed. 1867) ; "The British Army in 1868" (1869) ; etc. He died in London, June 19, 1880. TREVELYAN, GEORGE MACATJ- LAY, an English historian, bom in 1876. He was educated at Harrow and Trinity College, Cambridge. His works include: "England in the Age of Wy- cliffe"; "England Under the Stuarts"; "The Poetry and Philosophy of George Meredith"; "Garibaldi's Defence of the Roman Republic"; "Garibaldi and the Thousand"; "Garibaldi and the Making of Italy"; "The Life of John Bright"; "Clio, a Muse, and Other Essays." TREVELYAN, SIR GEORGE OTTO, a British statesman; eon of Sir Charles E. T. ; born in Rothley Temple, Leicester- shire, July 20, 1838, and passing from Harrow to Trinity College, Cambridge, graduated as second classic. He entered the East India service by competition, but soon returned from India and was elected Liberal representative of Tyne- mouth in 1865, and of the Scottish Bor- der Burghs in 1868. In the second Glad- stone administration he was appointed Civil Lord of the Admiralty (December, 1868), but resigned office in July, 1870, being opposed to the Educational Bill of the ministry. He strongly advocated, in and out of Parliament, a sweeping army reform, including the abolition of pur- chase, effected in 1871. The Volunteer movement had his active support, and he opposed the Regimental Exchanges Bill of 1875. With impetuous rhetoric and fiery invective he has severely criticized the Conservative foreign policy, declar- ing that war vdth Russia was only avoid- ed by the resignation of "the two brave peers" (Carnarvon and Derby), and that apart from the question of justice the Afghan War was opposed to the inter- ests of the Indian empire. In Feb. 22,