360 



THE LIABILITIES OE rAIlllES HL^NTING, ETC. 



Killing a 

 Hare on 

 another's 

 land. 



Taking a Stag 

 on another's 

 land. 



Hunting a 

 stray Deer. 



Dead Game 

 property of 

 owner. 



He has a 

 right to have 

 his G-ame un- 

 disturbed. 



Cattlegate 

 owners have 

 not the right 

 of shooting. 



Eeservation' 

 of rights of 

 Lords of the 

 Manor under 

 Enclosure 

 Acts. 



but tliose other gentlemen do, lie is answerable for the 

 trespass they may commit in so doing, unless he distinctly 

 desires them not to go on those lands (w). 



If A. starts a Hare in the ground of B., and hunts it 

 into the ground of C. and kills it there, the property is in 

 A. the Hunter ; but A. is liable to an action of Trespass for 

 hunting in the grounds as well of B. as of C. {n). 



And where a Stag hunted by the Hounds of B. was run 

 into the barn of A., it was held that B. and his servants 

 had no right to enter the barn to take the Stag, and that if 

 they did so they would be trespassers (m). 



But where a Deer strayed from a Park on to the plain- 

 tiff's land, and eat his grass, and he hounded it with Grey- 

 hounds, which pursued it into the owner's Park, and killed 

 it there, the Court of Common Pleas held that he was 

 justified in doiog so (o). 



Grame taken on land, as soon as killed there, becomes the 

 property of the owner of the land(^j), though up to the 

 time of its being killed, he has no property in it, yet he has 

 a right to have it kept undisturbed (7) ; therefore he has a 

 right of action against the master of a dog, which is in the 

 habit of disturbing and destroying it, after having received 

 due notice of the fact, and taken no steps to restrain it (q). 



The customary right of pasture in a manor, or Cattle- 

 gates, gives the owners no right to possession of the soil ; 

 but the ownership of it remains in the Lord of the Manor, 

 subject to the right of several pasture upon it by the 

 Cattlegate o^Miers, and therefore the lord may maintain 

 trespass against a Cattlegate owner for sporting over it, 

 without his permission (r). 



The reservation of the rights of the Lords of the Manor 

 under Enclosure Acts reserves the right of shooting ; there- 

 fore in the case of Graham v. Eirart {s), in which Sir James 

 Graham was entitled under a Private Enclosiu^e Act " to 

 all mines and minerals within and under the soil, and to 

 other rights, royalties, liberties and pri^dleges in and 

 over the same," it was held by the Exchequer Chamber, 



{ni) Bal;er v. BerJcleij, 3 C. & P. 34 L. J., C. P. 286 ; Ring v. Earl 



32. of Lonsdale, 1 H. & N. 923. 



(m) Sutton V. Moody, Ld. Raym. [q) Per Keating, J., Read v. 



250. Edwards, 11 L. T., N. S. 3n. 



(o) Barrington v. Tamer, 3 Lev. (;•) Rigq v. Earl of Lonsdale, 1 



28. H. &N. 923. 



(;j) Blades V. 7/!>/s, 9 Jur., N. S. («) Graham v. Ewart, 26 L. J., 



1040; 10 C. B., N. S. 713; 30 Ex.97. 

 L. J., C. P. 347; 11 H. L. C. 621; 



