HUNTING AND TRESPASSING. 



347 



Under 25 & 26 Yict. c. 114, s. 2, a person may be 

 convicted of having obtained game by unlawfully going on 

 land in search or pursuit of game, without evidence of his 

 having been on any particular land {«) . 



The owner of a close must first request a trespasser to 

 depart before he can lay hands on him to turn him out, 

 because every impositio manuum is an assault and battery, 

 which cannot be justified on the ground of a person 

 breaking into the close, without a request (o). 



But in case of actual force, as in burglary or breaking 

 open a door or gate, it is lawful to oppose force to force ; 

 and if one breaks down the gate, or comes into my close 

 ti et armis, I need not request him to be gone, but may 

 lay hands on him immediately, for it is but returning 

 violence with violence (o). 



Therefore to trespass for an assault and battery, it was 

 held that the defendant might plead that the plaintiff, with 

 force and arms and with a strong hand, endeavoured forcibly 

 t(j break and enter the defendant's close, whereupon the 

 defendant resisted and opposed such entrance, &c. ; and it 

 was held that if any damage happened to the plaintiff it 

 was in consequence of the defence of the possession of the 

 close {p). And it is also a good defence to an action for an 

 assault that it was committed in an attempt to take from 

 the plaintiff dead rabbits of the defendant's master, which 

 he refused to give up {q). 



A horse cannot be distrained damage feasant if there be 

 a rider upon him ; for if such a distress were permitted, it 

 would perpetually lead to a breach of the peace {r). And 

 indeed if a man or woman be riding a horse, it cannot be 

 distrained at all («). 



A man has an action of trespass against another for 

 riding over his ground, though it do him no damage ; for it 

 is an invasion of his property, and the other has no right to 

 come there {t). 



But where a dog jumps into a field without the consent 



(«) Evans v. Botteril, 33 L. J., 

 M. C. 50. And see as to this statute, 

 Brown r. Turner, 13 C. B., N. S. 

 485 ; Sail v. Knex, 33 L. J., M. C. 

 I ; jK. V. Farker, 33 L. J., M. C. 

 135. 



{o) Green v. Goddard, 2 Salk. 

 640. 



[p) Weaver r. Bush, 8 T. E. 78. 



{y) Blades v. Hii/gs, 10 C. B., 



Under 25 & 26 

 Vict. c. 114. 



Laying hands 

 on a tres- 

 passer. 



Opposing 

 force to force. 



Defence to an 

 action. 



Horse with a 

 rider cannot 

 be distrained. 



Action of 

 trespass lies 

 for riding over 

 land. 



But not where 

 a dog jumps 

 into a iield. 



N. S. 713; 30 L. J., C. P. 347; 

 11 H. L. C. 621; 34 L. J., C. P. 



286. 



()■) Storetj V. Rolinson, 6 T. E. 

 138; 8 R. E. 137. 



(s) Co. Lift. 47 a, cited Parsons v. 

 Gingell, 4 C. B. 550. And see Wehli 

 T. Bell, 1 Sid. 440. 



{<) See per Holt, C.J., Ashby v. 

 White, 1 Smith's L. C. 125. 



