HUNTING AND TRKSrASSlN'G. 363 



on the part of the alleged trespasser that he has such a 

 right, is not a bond fide claim of right {g). 



A landlord may give verbal permission to another to 

 take Grame on his land, and such permission is a justifica- 

 tion for a fresh pursuit of Game on an adjoining field 

 within the meaning of sect. 30 (/?). 



Persons employed by a tenant to kill Eabbits upon his Persons em- 

 farm, the right of shooting on which is reserved to the ployed to kill 

 landlord, cannot be proceeded against under this section, ^^^^g^j^t^ ^ 

 inasmuch as the tenant himself coidd not thus be con- 

 victed, but Avas entitled to kill the Rabbits himself, and, 

 as they were acting by his directions, they had the same 

 rights as he had {i). 



It is a trespass in pursuit of Game within the meaning of Trespass from 

 this statute to fire at it from the Highway (y). But the highway, 

 merely sending a Dog into an adjoining cover in search or 

 pursuit of Grame, is not a trespass by entering and being in 

 or upon such cover, the Act requiring a personal trespass {k) . 



A person who from his own land shoots a Pheasant in From his own 

 the land of another, and goes on such land to pick the bird land to pick 

 up, commits a trespass in pursuit of Game within the Act, 

 the shooting and the picking up the Game being one 

 transaction (/). But it is not a trespass in pursuit of Game 

 to pick up dead Game, which rose from the person's own 

 land, and fell dead within the land of another («?) . 



Under 25 & 26 Yict. c. 114, s. 2, a person may be lTnder25&26 

 convicted of having obtained Game by milawfully going °" ^^^' 



on land in search or pui'suit of Game, without evidence of 

 his having been on any particular land («) . 



The owner of a close must fijst request a trespasser to Laying hands 

 depart before he can lay hands on him to tm-n him out, on a tres- 

 because every impositio inanuum is an assault and battery, r^^^*^^- 



C. 164; 33 L. T., N. S. 352; 24 (/) Splcer v. Barnard, 28 L. J., 



W. R. 164 ; Lovcseij t. Stallard, 30 M. C. 176. 



L. T., N. S. 792. (./) Mayhew v. Wardleij, 14 C. B., 



{g) Per "Wightman, J., Cormcvll N. S. 550. 



V. Sanders, 3 B. & S. 213. See also (/.) R. r. Fratt, 24 L. J., M. C. 



Leatt V. Vine, 30 L. J., M. C. 207; 113. 



M. V. Cridlaml, 7 E. & B. 853 ; (/) Osborn v. Meadows, 12 C. B., 



Morden v. Porter, 7 C. B., N. S. N. S. 10. 



641 ; Lcgg v. Fardoe, 9 C. B., N. S. {m) Kcuijon v. Eart, 13 W. R. 



289 ; Adams v. Masters, 24 L. T., 406. 



N. S. 502; Reg. v. Critehhw, 26 [ii) Evans v. Bottcril, 33 L. J., 



"W. R. 681; Birnie v. Marshall, 35 M. C. 50; and see as to this Statute, 



L. T., N. S. 373. Broxvn v. Turner, 13 C. B., N. S. 



(//) Jones V. Williams, 40 L. J., 485 ; Hall v. Knox, 33 L. J., M. C. 



M. C. 270 ; 36 L. T., N. S. 559 ; \\ R. y. Barker, 33 L. J., M. C. 



25 W. R. 501. 135. 



