Appendix. 561 



land is entitled to the sole use of it, and may himself order 

 off or remove anyone infringing his right. Unless the land- 

 lord reserve to himself the right of entry, the tenant or 

 occupier holds equal privilege, and may exercise it against 

 all comers, landlord included. 



A trespass is held to be every unwarrantable entry on 

 another's land, and such trespass is moreover held to carry 

 some damage with it, for which the owner or occupier is 

 entitled to recover damages. Mr. Oke, in his " Handybook 

 of the Game Laws,"* gives the following instances in which 

 actions for trespass in pursuit may be or have been sus- 

 tained : 



(i.) A party, without entering the land of another, shoot- 

 ing into it, and striking the soil with the shot. (2.) Shooting 

 over it maliciously, and with intent to frighten game from a 

 preserve. (3.) With dogs and guns, hunting for game. 

 (4.) Coursing or hunting with hounds, whether they are in 

 fresh pursuit or not of any deer, hare or fox started in some 

 other or the same land (i & 2 Will. IV., c. 32, s. 35), does 

 not apply here). (5.) A dog entering land with the consent 

 or by the incitement of its master. (6.) Digging out a fox, 

 badger or otter. (7.) Hunting on another's ground for them. 

 (8.) Breaking hedges whilst in pursuit of beasts of prey. 

 (9.) Entering any building of a stranger to take fox, badger 

 or otter. 



Dogs trespassing may not legally be shot, except they be 

 shot in the act of killing game, poultry, live stock, or 

 damaging property. Dog-spears may be set for them, and 



* " Oke's Handybook of the Game Laws," by J. W. WiUis Bund, M.A., LL.B. 

 London : Butterworth, 7, Fleet Street. Third Edition. 1883. 



