346 



THE LIABILITIES OF PARTIES HUNTING, ETC. 



Jurisdiction 

 of Justices 

 ousted. 



Trespass from 

 the highway. 



From his own 

 land to pick 

 up game. 



By 1 & 2 Will. 4, c. 32, s. 30, it is provided that _" any 

 person charged with any such trespass shall be at liberty 

 to prove, by way of defence, any matter which would have 

 been a defence to an action at law for such trespass." But 

 the jurisdiction of the justices is not ousted by the claim 

 of a prescriptive right in gross to kill game on the land, 

 there being no colour for such a claim ; nor by the assertion 

 that the land is not in the occupation of the lord of the 

 manor, but is vested in other persons, as the claim of title 

 to oust the jurisdiction of the justices must be a claim of 

 title in the party charged, and not in a third person (e). 

 In a case in which a prescriptive right in gross to kill 

 game is set up, which is an impossible right, unknown to 

 the law, the bona fides is immaterial; but where a bona fide 

 and probable right of property is set up, the justices are 

 bound to hold their hands (/). The mere belief, however, 

 on the part of the alleged trespasser that he has such a 

 right, is not a bona fide claim of right {g). 



A landlord may give verbal permission to another to 

 take game on his land, and such permission is a justification 

 for a fresh pursuit of game on an adjoining field within the 

 meaning of section 30 (A). 



It is a trespass in pursuit of game within the meaning of 

 this statute to fire at it from the highway {i). But merely 

 sending a dog into an adjoining cover in search or pursuit 

 of game, is not a trespass by entering and being in or upon 

 such cover, the Act requiring a personal trespass {k). 



A person who from his own laud shoots a pheasant in 

 the land of another, and goes on such land to pick the bird 

 up, commits a trespass in pursuit of game within the Act, 

 the shooting and the picking up the game being one 

 transaction (/). But it is not a trespass in piursuit of game 

 to pick up dead game, which rose from the person's own 

 land, and fell dead within the land of another {in). 



(e) Cornwell v. Sanders, 3 B. & S. 

 206. 



(/) licg. V. Kayley, 10 L. T., 

 N. S. 339. See also Watkins v. 

 Major, L. B., 10 C. P. 662; 44 

 L. J., M. C. 164; 33 L. T., N. S. 

 352 ; 24 W. E. 164 ; Lmeseij v. 

 StaUard, 30 L. T., N. S. 792. 



{g) Per "Wightman, J., Cornwell 

 V. Sanders, 3 B. & S. 213. See also 

 Leatt V. Vine, 30 L. J., M. C. 507; 

 It. V. Cridland, 7 E. & B. 853; 

 Mnrden v. Forter, 7 C. B., N. S. 

 641 ; legg v. Fardoe,9 C. B., N. S. 



289 ; Adams v. Masters, 24 L. T., 

 N. S. 502 ; Iteg. v. Critchlow, 26 

 W. E. 681 ; Sirnic v. Marshall, 3.5 

 L. T., N. S. 373. 



(A) Jones v. WilJiams, 46 L. J., 

 M. C. 270; 36 L. T., N. S. 659; 

 25 AV. E. 501. 



(i) Maijhew V. Wardlcy, 14 C. B., 

 N. S. 550. 



{k) R. V. Fratt, 24 L. J., M. C. 

 113. 



(I) Osborn -v. Meadows, 12 C. B., 

 N. S. 10. 



(»!) Kemjon v. Hart, 13 W. E. 406. 



