Special Part, Illustrations. (8)

1. B. is on A.’s land under a revocable licence. A. revokes the licence. A. must not remove B. from the land until B. has had a reasonable time to leave it.

2. B. has timber lying on A.’s wharf under a revocable licence. A. revokes the licence. A. must allow B. access to the wharf for a reasonable time for the purpose of removing his timber.

True owner’s right of recapture.52. A person entitled to the possession of any moveable property who has been wrongfully deprived thereof may [within a reasonable time] retake the same if he can peaceably do so, and so far as necessary for that purpose may peaceably enter on the wrongdoer’s land.

Note.—The term “trespass” has been extended to cover every kind of wrongful interference with property. Our distinctions between trespass, conversion, &c. are obviously not applicable in British India. Simplification at least as bold as that of the present draft is a necessity.

It may be a grave question whether the strict rule that a man meddles with another’s property absolutely at his peril be altogether fitted for Indian purposes, especially in its application to immoveable property. I suggest for consideration the insertion of the words “to the damage or annoyance of the owner,” or words to the like effect, as part of the definition. So far as I am aware, the change would be only equivalent to what is the settled law of all civilized countries not under the common law, including Scotland. It is so much the case that the English law of trespass is unknown in Scotland that it has been found necessary to provide by statute against camping out in private grounds, and other things ejusdem generis: 28 & 29 Vict. c. 56, which makes the acts there described police offences. Not that other systems declare a right of “innocent passage” over a private owner’s land, but they do not provide any means, other than “self-help” at the time, of treating such passage as a wrong where there is no damage and no annoyance. What circumstances are sufficient evidence of injurious intent, e. g. whether climbing over a fence would have this effect, must be a matter of detail to be regulated according to the habits of the country.