HUNTING AND TRESPASSING. 



343 



does not appear to me much relied on. But even in that 

 case it is emphatically said by the Judge, that a man may 

 not hunt for his pleasure or his profit, but only for the good 

 of the common weal, and to destroy such noxious animals 

 as are injurious to the common weal. Therefore, according 

 to this case, the good of the public must be the governing 

 motive" (k). The jury, under his lordship's direction, 

 found a verdict for the plaintiff. 



And in an action against a huntsman for hunting over 

 the lands of another. Lord Ellenborough, C.J., held that 

 damages might be recovered, not only for the mischief im- 

 mediately occasioned by the defendant himself, but also by 

 the concourse of people who accompanied him (/). 



And in another case it was laid down by Lord Ten- 

 terden, C. J., that if a gentleman sends out his hounds and 

 his servants, and invites other gentlemen to hunt with him, 

 although he does not himself go on the lands of another, 

 but those other gentlemen do, he is answerable for the 

 trespass they may commit in so doing, unless he distinctly 

 desires them not to go on those lands {m). 



If A. starts a hare in the ground of B., and hunts it 

 into the ground of 0. and kills it there, the property is in 

 A. the hunter ; but A. is liable to an action of trespass for 

 hunting in the grounds as well of B. as of C. {n). 



And where a stag hunted by the hounds of B. was run 

 into the barn of A., it was held that B. and his servants 

 had no right to enter the barn to take the stag, and that if 

 they did so they would be trespassers {ni). 



But where a deer strayed from a park on to the plain- 

 tiff's land, and ate his grass, and he hounded it with grey- 

 hounds, which pursued it into the owner's park, and killed 

 it there, the Court of Common Pleas held that he was 

 justified in doing so (o). 



Game taken on land, as soon as killed there, becomes the 

 property of the owner of the laud {p), though up to the 

 time of its being killed, he has no property in it, yet he has 

 a right to have it kept undisturbed (17) ; therefore he has a 



{k) Harl of Essex y. Capel, Hert- 

 ford Summer Assizes, 1809, cited in 

 Chitty on Game Laws, 31. 



{I) Hume V. Oldacre, 1 Stark. N. 

 P. C. 351; 18E. E. 779. 



{m) Baker v. Berkley, 3 C. & P. 

 32. 



(») Sutton V. Moody, Ld. Eaym. 

 250. 



(0) Barrington v. Turner, 3 Lev. 

 28. 



{p) Blades v. Hicks, 9 Jur.,N. S. 

 1040; 10 C. B., N. S. 713; 30 

 L. J., C. P. 347; 11 H. L. C. 621; 

 34 L. J., C. P. 286 ; Bigg y. Earl of 

 Lonsdale, 1 H. & N. 923. 



(j) Per Keating, J., Bead v. 

 Edwards, 11 L. T., N. S. 311. 



Huntsman 

 liable for 

 damage done 

 by the field. 



Master of 

 hounds, when 

 responsible 

 for the field. 



Killing a 

 hare on 

 another's 

 land. 



Taking a stag 

 on another's 

 laud. 



Hunting a 

 stray deer. 



Dead game 

 property of 

 owner. 



He has a 

 right to have 



