title "Registered Nurse," or "R. N.," without first having obtained license to do so, he shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not exceeding thirty days.

1903, c. 359, s. 9.

TRAMPS.

Sec. 1035 (3735). Tramps; who are; discharged, how.

If any person shall go about from place to place begging, or subsisting on charity, he shall be denominated a tramp, and punished by a fine not exceeding fifty dollars, or by imprisonment not to exceed thirty days: Provided, that any person who shall furnish satisfactory evidence of good character shall be discharged without cost. Any act of begging or vagrancy by any person, unless a well-known object of charity, shall be evidence that the person committing the same is a tramp. This section shall not apply to any woman, or minor under the age of fourteen years, or to any blind person.

Code, ss. 3828, 3829, 3831, 3833; 1897, c. 268; 1879, c. 198, ss. 1, 4, 6.

Sec. 1036 (3736). Tramp entering dwelling without consent.

If any tramp shall enter any dwelling-house or kindle any fire on the highway or on the land of another without the consent of the owner or occupant thereof, or shall be found carrying any firearm or other dangerous weapon, or shall threaten to do any injury to any person, or to the real or personal estate of another, he shall be punished by imprisonment at the discretion of the court, not to exceed twelve months.

Code, s. 3829; 1879, c. 198, s. 2.

Sec. 1037 (3737). Tramp maliciously injuring person or property.

If any tramp shall willfully and maliciously do any injury to any person, or to the real or personal estate of another, he shall be punished by imprisonment, at the discretion of the court, not to exceed three years.

Code, s. 3830; 1879, c. 198, s. 3.

Sec. 1038 (3738). Tramp, arrest of.

Any person, upon a view of any offense described in sections three thousand seven hundred and thirty-five, three thousand seven hundred and thirty-six, three thousand seven hundred and thirty

seven, and three thousand seven hundred and thirty-eight, shall cause the said offender to be arrested upon a warrant and taken before some justice of the peace, or may apprehend the offender and take him before a justice of the peace, for examination, and, on his conviction, shall be entitled to the same fee as a sheriff. Code, s. 3832; 1879, c. 198, s. 5.

Sec. 1039.

TREES IN CAPITOL SQUARE.

That no person or persons shall drive, screw, or otherwise insert any nails, screws, or other devices into or upon any of the trees in the capitol square in the city of Raleigh for any purpose whatsoever, and any person or persons violating this act shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars or imprisoned not more than ten days: Provided, this section shall not apply to preparing or repairing the small houses and drinking fountains for the squirrels in said park.

SEC. 2. That the board of public buildings and grounds shall remove, or cause to be removed, within sixty days from the ratification of this act, all appliances for holding wires, insulators, or any other article, from off any and all trees in the said capitol square.

SEC. 3. That all electric light companies, telephone companies, or any person or persons now using the trees in said square as a means of supporting their wires or cables, shall remove said wires or cables from off said trees, and shall hereafter use such iron or metallic poles as shall be prescribed by the said board of public buildings and grounds, for supporting said wires within said capitol square, or shall be required to place said wires or cables in underground conduits at the direction of said board of public buildings and grounds.

1907, c. 67.

TRESPASS.

Sec. 1040 (3688). Trespass on land after being forbidden; license to look for estrays.

If any person, after being forbidden to do So, shall go or enter upon the lands of another, without a license therefor, he shall be guilty of a misdemeanor, and on conviction, shall be fined not

exceeding fifty dollars, or imprisoned not more than thirty days: Provided, that if any person shall make a written affidavit before a justice of the peace of the county that any of his cattle or other live stock (which shall be specially described and set forth in such affidavit) have strayed away, and he has good reason to believe that they are on the lands of another person, then such justice may, in his discretion, allow such person to enter on said premises with one or more servants, without firearms, in the day time (Sunday excepted), between the hours of sunrise and sunset, and make search for his estrays for such limited time as to said justice shall appear reasonable; but the only effect of such license shall be to protect the persons entering from indictment therefor, and then only, provided the license shall have been made bona fide, and without any damage except such as were necessary to conduct the search.

Code, s. 1120; 1866, c. 60.

LAND CONDEMNED FOR RAILROAD.-An indictment for willful trespass under Rev., sec. 3688, will lie against an employee of a railroad company for an entry after being forbidden on land which the company is seeking to condemn, the entry being for the purpose of constructing the road and before an appraisement has been made, although a restraining order against such a trespass would be regarded. Wells, 142–590.

The right of entry granted to a railroad company under Rev., sec. 2575, is only for the purpose of marking out the route and designating the building rights desired, to the end that the parties may come to an intelligent agreement as to the price. In case the parties can not agree, then the companies may proceed to condemn the land, and the company does not acquire the right (Rev., sec. 2587) to enter for the purpose of constructing the road until the amount of appraisement has been paid into court. Wells, 142-590. The failure to serve a map and profile with the summons in condemnation proceedings as required by Rev., sec. 2599, may be cured by amendment. Wells, 142-590.

PAYMENT OF APPRAISEMENT.-Payment of the appraisement into court is a condition precedent to a right of entry for construction purposes by a railroad; upon the trial under an indictment (Revisal, sec. 3688) for trespass on lands after being forbidden, it is no defense to show that defendant acted upon instructions of his superior officer of a railroad company in entering upon the lands to construct a railroad, pending an appeal by the railway company (Revisal, sec. 2587) when the company has not paid in court the sum appraised by the commissioners. Evidence that such superior officer therein acted by the advice of counsel learned in the law is incompetent. Mallard, 143—666.

JUSTICE'S WARRANT.-A justice's warrant which fails to charge that defendant "unlawfully and willfully" entered on the land after being forbidden, is fatally defective. Whitaker, 85—566.

A warrant will not be quashed because it does not contain the necessary descriptive words of the offense, when it refers to an "annexed affidavit" in which all the essential averments are made. Winslow, 95-649.

A justice's warrant which concludes "contrary to law" without using the words "against the form of the statute," is fatally defective. Lowder, 85564.

A justice's warrant may be amended in the superior court to charge that the entry was "willful and unlawful" and "against the peace and dignity of the state" even after verdict. Smith, 103–410.

VARIANCE. Where the indictment charges a trespass on the lands of A, and the proof is that the lands were in the possession of B, the variance is fatal. Sherrill, 81-550.

JURISDICTION.—Justices of the peace have exclusive original jurisdiction of the offense of entering on land after being forbidden. Dudley, 83-660.

EVIDENCE OF TITLE INCOMPETENT.-As forcible trespass is essentially an offense against the possession of another and does not depend upon the title, it is proper to exclude evidence of title in defendants on trial for such offense. Webster, 121–586.

WHO MAY BE CONVICTED.-One who hauls cross-ties across a tract of land after having been forbidden to enter on the land is guilty, though he, in good faith, believed he had a right to do so as the agent of the railroad company, since the railroad company had no right to transport its cross-ties over the prosecutor's land, or to direct defendant to do so. The mere belief that one has a right to enter on land after having been forbidden is not sufficient to excuse unless there is reasonable ground for such belief. Fisher, 109-817.

The prosecutor sold a field to the lessor of defendant and permitted the use of a way for three years over his land to the field which was being culti vated by defendant, but withdrew such permission by notice forbidding further entry, there being another way over the lessor's land which adjoined a public road, though of greater distance to the field. Defendant entered after having been forbidden: Held, not to be error to refuse an instruction that if defendant believed he had a right to travel over the prosecutor's land because he and former tenants had done so for some time he would not be guilty. Bryson, 81-595.

One who enters land after being forbidden, pending an appeal from an adverse adjudication upon his title to the land, can have no reasonable ground for his belief in his right to enter. Glenn, 118-1194.

An alleged entry of public lands without survey or grant is insufficient ground upon which to base a claim of right to enter. Calloway, 119-864.

Defendant testified that he believed he had a right to follow an old road across the land in question, but admitted that the road had been blocked for ten or eleven years by wires put up for that purpose: Held, that the defendant's evidence of a bona fide belief, being unsupported by any evidence of a reasonable ground for such belief, was immaterial. Durham, 121–546.

WHO MAY NOT BE CONVICTED.-Where defendant, after having been forbidden by a landlord to enter on his land, enters a part in the possession of a tenant upon the invitation of the tenant, he is not guilty of a willful trespass. Lawson, 101-717.

One who enters on the land of another after having been forbidden, as the servant, and at the command of the bona fide claimant, is not guilty. Winslow, 95-649.

One who enters on land in possession of another, after being forbidden to enter, claiming it as his, can not be convicted for a willful trespass. Ellen, 68-281.

One who enters on land in the possession of another, after being forbidden to enter, under a warrant of survey, having made an entry believing the land to be vacant, is not guilty of a willful trespass. Hanks, 66-612.

An employee of a railroad company, who, under the orders of the company, cuts trees on land conveyed by the owner for a right-of-way, can not be convicted for a willful trespass by the original owner. Crosset, 81-579.

CLAIM OF RIGHT-BONA FIDE BELIEF.-It is not sufficient for defendant to show that he entered under a claim of right, but he must show reasonable grounds for such belief. Glenn, 118-1194.

A mere belief that defendant had a valid claim of title will not suffice; he must satisfy the jury that he made the claim in good faith, and had reasonable ground to believe that his claim was well founded. Crawley, 103–353.

It is incumbent on the state to prove the entry after being forbidden, but this being done the defendant must show a license or that he entered under a bona fide claim of right. Glenn, 118-1194.

In an indictment under Rev., sec. 3688, which makes it a misdemeanor to enter on the lands of another after being forbidden, etc., a defendant can not be convicted if he enters, having right or under a bona fide claim of right. Wells, 142-590.

In an indictment for willful trespass under Rev., sec. 3688, where the judge on appeal (a trial by jury being waived) finds that the defendants entered without right, but the question of whether he entered under a bona fide claim of right does not appear in the facts and has never been determined, the defendant's guilt has not been established and the judgment against him must be set aside. Wells, 142-590.

It is not sufficient that defendant believed he had a right to enter, but he must go further and show that he had reasonable ground for such belief, and if he fails to do this the judge should instruct the jury that, if they believe the evidence, the defendant is guilty. Durham, 121–546.

Where the entry after being forbidden, is shown or admitted, the burden is on the defendant to show that he entered under a bona fide claim of right. Durham, 121–546.

Although the entry be peaceable, yet if after getting on the premises, defendant uses violent and abusive language, and threatens to strike, and does other acts calculated to and which do intimidate the owner, he is guilty. Wilson, 94-839.

COURT NOT REQUIRED TO SUBMIT A MERE ABSTRACTION.—Where a person is indicted for a willful trespass on land, and in the proof there is no evidence of a bona fide claim of title, or no facts and circumstances showing that defendant could reasonably and in good faith have believed he had a right to do what he did, it is not the duty of the court to submit to the jury a mere abstract proposition as to defendant's belief that he had a right to enter. Bryson, 81-595.

INDICTMENT.-It is not necessary to allege that defendant had no bona fide claim of right to the land. Whitehurst, 70-87.

TITLE TO ROAD IN DISPUTE.-Where defendant and others had been using a road for a long time and the title to the land was in dispute between him and the prosecutor, he is not indictable for using the road and cutting and removing a tree that had fallen across it. House, 71-518.

HUSBAND ON WIFE'S LAND.-A husband is not indictable for a trespass on the lands of his wife after being forbidden by her. Jones, 132-1043.

Sec. 1041 (3685). Taking unlawful possession of another's house.

If any person shall enter upon the lands of another and take possession of any house or building being thereon, without permission of the owner or agent and without a bona fide claim of right or title so to enter and take possession, and shall fail or refuse to vacate said premises within ten days after being notified personally