364 



THE LIABILITIES OF PARTIES HUNTING, ETC. 



Opposing 

 force to force. 



Defence to an 

 action. 



Horse with a 

 rider cannot 

 be distrained. 



Action of 

 Trespass lies 

 for riding over 

 land. 



But not ■where 

 a Dog junifis 

 into a field. 



Notice under 

 3 & 4 Vict. 

 c. 24, 8. 3. 



Notice trans- 



which cannot be justified on the ground of a person 

 breaking into the close, mthout a request (o) . 



But in case of actual force, as in burglary or breaking 

 open a door or gate, it is lawful to oppose force to force ; 

 and if one breaks down the gate, or comes into my close 

 vi et armis, I need not request him to be gone, but may 

 lay hands on him immediately, for it is but returning 

 violence with violence (o). 



Therefore to Trespass for an assault and battery, it was 

 held that the defendant might plead that the plaintiff, 

 \vith force and arms and with a strong hand, endeavoured 

 forcibly to break and enter the defendant's close, where- 

 upon the defendant resisted and opposed such entrance, 

 &c. ; and it was held that if any damage happened to the 

 plaintiff it was in consequence of the defence of the posses- 

 sion of the close [p). And it is also a good defence to an 

 action for an assault that it was committed in an attempt 

 to take from the plaintiff dead rabbits of the defendant's 

 master, which he refused to give up {q). 



A Horse cannot be distrained damage feasant if there be 

 a rider upon him ; for if such a distress were permitted, it 

 would perpetually lead to a breach of the peace (r) , And 

 indeed if a man or woman be riding a Horse, it cannot be 

 distrained at all (.s). 



A man has an action of Trespass against another for 

 riding over his ground, though it do him no damage ; for 

 it is an invasion of his property, and the other has no 

 right to come there (/). 



But where a Dog jumps into a field A^dthout the consent 

 of its master, it is not a trespass for which an action will 



lie 00- 



Under 3 & 4 Vict. c. 24, s. 3, the "Notice not to 



trespass thereon or therein " must be " served, by or on 



behalf of the OwTier or Occupier of the land trespassed 



over, upon, or left at the last reputed place of abode of the 



defendant or defendants." 



In the case of Boinjer v. Cook (x) the Notice, although 



(o) Green v. Goddard, 2 Salk. 

 640. 



[p) Weaver v. B\ish, 8 T. R. 78. 



(V) Blades v. Higgs, 10 C. B., 

 N. S. 713; 30 L. J., C. P. 347; 11 

 H. L. C. 621; 34 L. J., C. P. 

 286. 



(r) Storey v. Robinson, 6 T. R. 

 138. 



(s) Co. Litt. 47 a, cited Farsons 

 V. Givgell, 4 C. B. 550 ; and see 

 Webb V. Bell, 1 Sid. 440. 



(;■) See per Holt, C. J., Ashby v. 

 White, 1 Smith's L. C. 125. 



(m) See per Parke, J., Brown v. 

 Giles, 1 C. & P. 119; Ready. Ed- 

 wards, 11 L. T. 311. 



{x) Boiajer v. Cook, 4 C. B. 

 237, n. 



