POISONING GAME.

863. If any person, with intent to destroy or injure any game, at any time, puts, or causes to be put, any poison or poisonous ingredient, on any ground, whether open cr enclosed, where game usually resort, or in any highway, every such person is liable, upon conviction, to forfeit and pay £10 and costs.

FOX-HUNTING, &c.

864. It is in common law not lawful for any one to hunt for profit or for pleasure over another man's land; but,

RIGHT OF "FOLLOWING."

865. An old decision holds good still, with reference to "a certain noysome vermine called a badger," which "had done very much hurt, and that therefore he (a defendant) came with his dogges, and did hunt him; and, in pursuit thereof, he did follow him with his dogges, and did earth him in the plaintiff's ground, and there he came and digged him out of the ground, and killed him," and the defendant was exonerated, as he was held to be acting for the good of the commonwealth; and the same rule applies to foxes as to badgers; yet,

NO RIGHT TO "START."

866. A man, not already in pursuit of vermin, cannot enter upon "another man's ground to find and hunt such a vermine, without his consent first had for the same," for that would be trespass.

PLEASANT SPORTING FICTION.

867. Foxes, like badgers, may be generally followed and killed en the land of another, upon the fictitious presumption that they are vermin that should be destroyed, though ever so carefully "preserved."

NO RIGHT TO DO WANTON INJURY.

868. "Persons in pursuit of a fox, may not unnecessarily trample down another man's hedges, or maliciously ride over his grounds." 869. Implied Consent.—With reference to fox-hunting in general, it has been laid down that "These pleasures are to be taken only when there is the consent of those likely to be injured by them;" for, 870. Sensible Judgment.—Though, as a rule, a fox " may be pursued by dogs, it does not follow that fifty or sixty people have therefore a right to ride after the dogs, and trespass on other people's lands;" therefore,

FOX-HUNTING IS GENERALLY TRESPASS.

871. Upon the whole, it appears that to pursue a fox or vermin in the way of pleasure, after the fashion of modern fox-hunting, over the land of another, is to commit an unjustifiable trespass.

872. Helplessness of Occupiers.-Farmers who are merely yearly tenants are usually compelled to submit to trespasses committed by fox-hunters with the assent of their landlords; but,

873. Option of Landlords.-There seems to be no legal reason why any freehold occupier of land should tamely submit to have it hunted over; it is true, that

874. Magisterial Remedies.-Proceedings before local magistrates, in endeavouring to punish hunting trespassers for wilful injury (^), will usually only end in laughter at the plaintiff, the magistrates almost always (especially when clergymen) heartily sympathizing with the "gallant" red-coats; but,

875. Remedy by Action.-The true remedy for fox-hunting, when it is a nuisance, is an action in a superior court at Westminster; notwithstanding,

876. Futility of Sueing Private Individuals.—An action against an individual trespasser, as such, for fox-hunting, will rarely prove exemplary, because it may be difficult to prove that he himself committed serious havoc; but,

PARTIES LIABLE FOR INCITING TRESPASSERS. 877. The course to pursue is to enter an action either against the master of the hounds or a leading patron of the hunt; for, 878. Liability of "Influential" People.-Nothing is more clearly laid down than the law, that When a person goes out sporting with his friends, and purposely leads them on to another's land, he is equally guilty of a trespass, although he may remain off the land while his friends go on ;" and

"

879. Risks (!) of Country Gentlemen.—If a gentleman send out his hounds and his servants, and invite other gentlemen to hunt with him, although he may remain at home, and does not himself go on the land of another, but those other gentlemen do, he is answerable for the trespass that they commit in so doing, unless he distinctly desires them not to go on those lands; and

880. Liabilities of Huntsmen.-A huntsman, against whom an action was brought, was held liable for all the damage done, as the whole of the followers were deemed to be his co-trespassers.

MEANS OF PREVENTION.

881. Where there is no inclination to punish trespass committed (a) See "Landlord and Tenant."

by huntsmen, but a desire to prevent it, the law relating to prevention must be carefully observed (a).

882. Restricted Power over Trespassers.-The protection afforded by the common law for preventing trespasses, consists only in the right of resisting the entry of a trespasser or of turning him off, not using unnecessary force or dangerous weapons; and

883. Restriction of Force.-Every proprietor is allowed to use the force that is absolutely necessary to prevent intrusion upon his property, but if he use more force than is necessary he renders himself responsible for all the consequences of his excess; thus,

884. Trespassers must be first Ordered Off.—“If a man come on my lands, I cannot lay hands on him to remove him until I have desired him to go off;" and

885. Trespassers must not be Rashly Beaten.-"If a trespasser will not depart, at my request, I cannot proceed immediately to beat him, but must endeavour to push him off;" and

886. Illegal Use of Dangerous Weapons.—" When a trespasser is too powerful for me, I must not use a dangerous weapon, but must first call in the aid of other assistance."

SPRING-GUNS.

887. Old Decision. It was formerly decided that a trespasser, who had knowledge that there were spring guns in a wood, although he might be ignorant of the particular spots where they were placed, could not maintain an action for any injury received in consequence of his accidentally treading upon the latent wire communicating with gun, and thereby letting it off; but,

the

888. Modern Decision.—Where a defendant, for the protection of his property, some of which had been stolen, set a spring gun without notice, in a walled garden, at a distance from his house, and the plaintiff, who climbed over the wall in pursuit of a stray fowl, was shot, it was held that the defendant was liable to damages; however, 889. Statutory Provisions.—All questions about man-traps and spring guns have been pretty well set at rest by 7 and 8 Geo. IV. c. 18, and 24 and 25 Vic. c. 100, which enacts that if any person should set or place any spring gun, man-trap, or other engine calculated to destroy human life, or inflict grievous bodily harm, with intent that the same, or whereby the same, may destroy or inflict grievous bodily harm upon a trespasser, or other person coming in contact therewith, it should be a misdemeanor; but,

890. Traps for Vermin.—It is still not illegal to set guns or traps, such as may have been usually set to destroy vermin; and

(a) See "Trespass."

891. Permission in Dwelling Houses.-Spring guns, man-traps, or other engines, may legally be placed or set to any extent from sunset to sunrise, in dwelling houses, for the protection thereof.

DOG SPEARS,

892. A case was tried, where dog spears were placed in the wood of a defendant, whereby a plaintiff's dog was grievously injured, and the defendant was held to be justified; and, in the same case,

SETTING TRAPS NO OFFENCE.

893. The question has arisen, and has been decided, that although a dog spear is calculated to do grievous bodily injury to human trespassers, yet if the setting of it is not with intent (889) to injure human beings, the setting of it is not an illegal act; yet,

894. Answerable for Possible Consequences.-There can be no doubt that if any person, not convicted of poaching, were seriously injured by a dog spear, the setter of it would be liable for the injury actually done.

FISHERIES.

SEA-FISHING.

895. All persons are equally at liberty to fish in the sea, or whereever the tide flows, with some very few and rare reservations to individuals, by ancient grants of the Crown; but,

OYSTER-BEDS.

896. Special laws protect oyster-beds, which are private property, and must not be encroached upon; for,

SEVERE PUNISHMENT.

897. Any person who is convicted of using any net, dredge, or other engine, with intent to take oysters, within the limits of an oyster-bed, is liable to imprisonment with hard labour, and solitary confinement for three months; though,

898. Important Distinction.-It is expressly provided that nothing can legally prevent any person from fishing over oyster-beds for other fish than oysters.

FRESH-WATER FISHING.

899. Undivided Rights.-When the lord of a manor, or tenant-infee, has an estate on both sides of a fresh-water stream, the sole right of fishing in the stream is vested in him; and

900. Divided Rights.-When a freeholder has an estate in one bank of a stream only, he has a right of fishing on that side only.

901. Right to Fishing Transferable.-The right of fishing in any stream may be sold or leased to any person, who then possesses all the rights originally held by the grantor.

902. Right to Preserve.-A right to fishing may or may not be strictly preserved, at the option of the holder.

UNLAWFUL ANGLING.

903. If any person angle in preserved water he is liable to a penalty of £2; and

904. Strictly Private Waters.If the water where a trespassing angler fishes, has for its bank or banks the grounds of any dwelling house, he is liable to a penalty of £5.

NET FISHING.

905. In Preserved Waters.-Fishing in preserved waters, by any other means than angling, is punishable with a fine of £5; and

906. In Private Waters.-If any person is convicted of fishing by any other means than angling, in water which is bounded by the grounds of any dwelling house, he is liable to punishment as for a misdemeanor.

907. Fish may be Seized.-Fish, illegally taken from preserved waters, may be seized upon the persons of the fishers by the parties interested, upon their own lands; but,

908. Ordinary Fishing not Larceny.-Taking fish from open streams, whether preserved or not, is not theft in the ordinary sense, and cannot be dealt with as such; but,

909. Artificial Waters.-Taking fish from an artificially constructed fish-pond or tank, or breeding-place, is larceny, and liable to punishment accordingly; and

910. Dead Fish subject to Larceny.-Any person who takes dead fish from anywhere, or fish already caught, in a net, or otherwise, is guilty of larceny.

911. Double Jurisdiction.-When a stream in which a fishing offence is committed, divides two parishes, proceedings may be taken in respect of the offence in either of the parishes, no matter in which of the two it was actually committed (971).

EFFECT OF SEIZING HEAVY TACKLE.

912. When persons are detected illegally fishing, other than by angling, the owner of the fishing, or any servant thereof, may demand, and, if refused, seize and retain the nets or other instruments, with