THE LAW AS IT AFFECTS WILDFOWLERS 57 



Act, enable the tenant to exercise certain powers ; but it is 

 not likely that our Crown would enforce a matter which would 

 be a veritable bete noir to the shooting public of the Empire. 

 Since affairs as they now stand have been in existence so long, 

 some may say that it would not be possible for them to be 

 altered ; this, however, is quite a mistake, and, as alterations 

 are possible in this direction, it behoves the sporting public, 

 especially the shooting section, of the United Kingdom to strive 

 to maintain and watch closely their interests by considering 

 whom they help into office. Combined with this very necessary 

 present-day precaution, the mutual support of an organisation 

 which studies and upholds the interests of their calling, is, it 

 may be said without contradiction, indispensable. 



TRESPASS 

 Regarding trespass, I cannot do better than quote a good 

 authority: "At common law every unwarrantable entry on 

 another's land is termed a trespass by breaking his close, and 

 gives the owner of the land or the tenant in possession a right 

 of action against the trespasser, even if no actual damage is 

 done. Sufficient damage to sustain an action is in law the 

 treading down and bruising the herbage, for which nominal 

 damages can be recovered. The person in possession of the 

 land can order the trespassers off, and, if necessary, use just 

 sufficient force to expel them ; but if the trespasser is not in 

 pursuit of game he cannot give them into custody, unless 

 actual breach of the peace has occurred, neither can he shoot 

 their dogs unless they are damaging the property or there is a 

 right of free warren over the land. In England, therefore, for 

 a trespass not accompanied by damage to the property, there is 

 no other remedy than an action at law, but in Scotland a prompt 

 interdict can be obtained from the local court, and in Ireland 

 there is a summary proceeding before Justices against trespassers 

 refusing to leave after being warned, or repeating the offence." 



