HUNTING AND TKESPASSING. 



345 



any other person entitled to kill the same on land in his 

 occupation (section 1) ; where the occupier is otherwise en- 

 titled to kill ground game on land in his occupation, he 

 cannot divest himself wholly of such right (section 2) ; and 

 all agreements in contravention of the right of the occupier 

 to destroy game are declared void (section 3). The occupier 

 and the persons duly authorized by him do not require a 

 game licence for the purpose of killing ground game under 

 the Act. But they are not exempt from the Gun Licence 

 Act, 1870 (section 4). 



And it is " lawful for any person to pursue and kill, or 

 join in the pursuit and killing of, any hare by coursing 

 with greyhounds, or by hunting with beagles or other 

 hounds, without having obtained an annual game certifi- 

 cate " (s). 



Where acts terminate in themselves, and once done 

 cannot be done again, there can be no continued trespass, 

 as hunting and killing a hare or five hares. But hunting 

 may be continued as well as spoiling, consuming or cutting 

 grass (a). 



When two persons are engaged in a common purpose, 

 what one does is the act of both. Therefore, in a case in 

 which A. and B. were driving in a trap along the turnpike 

 road for a lawful purpose, and A. got out of the trap, went 

 into a field, and shot a hare, which he gave to B., who had 

 remained in the trap, it was held that there was sufiicient 

 evidence that B. was present aiding and abetting A. in a 

 trespass in pursuit of game (under 11 & 12 Vict. c. 43, s. 5), 

 and that he was not the less an aider and abettor, because 

 he might have been convicted as a principal (i). 



Under 1 & 2 Will. 4, c. 32 (c), trespassers in pursuit of 

 game may be required to quit the land, and to tell their 

 names and abodes, and in case of refusal may be arrested 

 and brought before a justice within twelve hours. And 

 any trespasser, on conviction before a justice, is to forfeit 

 a sum not exceeding 5^., together with the costs of con- 

 viction (c). 



But hunters in fresh pursuit of deer, hare or fox (with 

 hounds or greyhounds) started on other lands, are exempted 

 from the provisions of 1 & 2 Will. 4, c. 32, against tres- 

 passers {d). 



Any person 

 may hunt 

 liares. 



Continued 



Two persons 

 engaged in a 

 common pur- 

 pose. 



Trespass in 

 search of 



Hunting with 

 hounds or 

 greyhounds. 



(2) 11 & 12 Vict. c. 29, s. 4. 



(a) Monkton v. Pashkij, 2 Salk. 639. 



[b) Staceyy. Whitehurst, 13 W. 

 E. 384; Mayheio v. TVardlny, 14 



C. B., N. S. 550. 



{c) 1 & 2 Wm. 4, c. 32, 

 [d) Ibid. s. 35. 



s. 31. 



