574 GAME LAWS. 



offense, under a statute, to shoot and kill on the land though 

 within the channel of a navigable river.** 



Firing at game from a highway is "trespassing in pursuit of 

 game." ®^ And where one was on the highway for the ex- 

 press purpose of interfering with another's right of shooting, 

 it was held that as he was there for purposes other than its 

 use as a highway, he was a trespasser.®** Where B.'s covert 

 adjoined A.'s field, and B. went on a public foot-path in this 

 field to shoot, directing his servant to beat his own covert 

 and hedge, it was held that he could not set up a claim of 

 right to oust the magistrate's jurisdiction, no title being in- 

 volved, and should have been convicted.®^ 



Where A. upon his own land shot at a pheasant which rose 

 from his land, but the act of shooting took place while the 

 pheasant was in the air over B.'s land, and the pheasant fell 

 dead on B.'s land and A. went over and picked it up, this was 

 held not to be a trespass in pursuit of game.®* But where 

 a pheasant was on the ground in an adjoining close and A. 

 shot it and then entered and picked the bird up, it was held 

 that the shooting and picking up were one continuous act 

 and would justify a conviction under the statute of "being 

 upon and entering land in pursuit of game." ®® 



An injunction will lie for trespassing on game preserves 



" State V. Shannon, 36 O. St. 423. As to who is an "owner,"' see Well- 

 ington V. State, 52 Ark. 266. 



" Mayhew v. Wardley, 14 C. B. N. S. 550. And see Reg. v. Pratt, 24 

 L. J. M. C. 113. 



" Harrison v. Duke of Rutland, [1893] i Q. B. 142. 



See as to arrests in the highway for oflfenses against the game laws, 

 Lloyd V. Lloyd, 14 Q. B. D. 725; Turner v. Morgan, L. R. 10 C. P. 

 587; Clarke v. Crowder, 4 id. 638. And see Hall v. Robinson, 53 J. P. 

 310. 



" Philpot V. Bugler, 54 J. P. 646. 



" Kenyon v. Hart, 11 L. T. N. S. 733. And see Taunton v. Jervis, 43 

 J. P. 784. 



"Osbond V. Meadows, 6 L. T. N. S. 290. And see Horn v. Raine, 

 78 id. 654, where the shooting and going upon the land were held to 

 form one transaction though they were several hours apart. 



