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" Provided that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of... "
New Session Cases: Containing Reports of Cases Relating to the Duties and ... - Page 383
by John Monson Carrow, J. Hamerton, T. Allen - 1849
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The Justice of the Peace, and Parish Officer, Volume 5

Richard Burn - Justices of the peace - 1820 - 758 pages
...shall " appear to the satisfaction of the justice or justices before whom the complaint is made, that the party trespassing acted under a fair and reasonable supposition that he had a right to do the act to the property in respect whereof the trespass was committed or alleged to have been committed, or...
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Statutes at Large ...: (29 v. in 32) Statutes or the United Kingdom, 1801 ...

Great Britain - 1820 - 626 pages
...Justice or Justices before whom the Complaint is made, that the Party trespassing acted urul£T_a_fair and reasonable Supposition that he had a Right to do the Act to the Property m respect whereof the Trespass was committed or alleged to have been committed, or...
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The practice of courts-martial, also the legal exposition and military ...

William Hough - 1825 - 1028 pages
...shall appear to the satisfaction of the justice or justices, before whom the complaint is made, that the party trespassing acted under a fair and reasonable supposition that he had a right to do the act to the property in respect whereof the trespass was committed, or alleged to have been committed, or...
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Gifford's English lawyer; or, Every man his own lawyer, by John Gifford

Alexander Whellier - 1825 - 836 pages
...before a justice without any warrant. This act is not to affect any act for trespasses above 5/. nor where the party trespassing acted under a fair and reasonable supposition that he had a right so to do, or to any person qualified to kill game, who shall have committed such trespass in hunting,...
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Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ...

Frederick Augustus Carrington, Great Britain. Court of King's Bench, Joseph Payne - Law reports, digests, etc - 1827 - 714 pages
...shall appear to the satisfaction of the justice or justices before whom the complaint is made, that the party trespassing acted under a fair and reasonable supposition that he had a right to do the act to the property in respect whereof the trespass was committed or alleged to have been committed, or...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 4

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1828 - 810 pages
...buildings, fences, land, &c. ; but by 5. 6. are prohibited from interfering where it shall appear that the party trespassing " acted under a fair and reasonable...supposition that he had a right to do the act complained of; " or was hunting ; or, if qualified and certificated, was in pursuit of game. Unless framed with a...
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A Treatise on Crimes and Indictable Misdemeanors, Volume 2

William Oldnall Russell - Criminal law - 1828 - 836 pages
...any term " not exceeding two calendar months, unless such sum and costs " be sooner paid : provided always, that nothing herein contained " shall extend to any case where the party trespassing acted un" der a fair and reasonable supposition that he had a right to do " the act complained of, nor to...
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An Analysis Of, and Digested Index to the Criminal Statutes, Alphabetically ...

William Robinson - Criminal law - 1829 - 258 pages
...only, or Impr. with HL not ex. 2 cal. m. unless the money and costs be sooner paid. Id. But not to extend to any case where the party trespassing acted...fair and reasonable supposition, that he had a right so to do ; nor to any trespass not being wilful and maliciously committed, in hunting, Ashing, or in...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 2

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1830 - 852 pages
...proviso in the 24th is a complete answer, by which it is expressly provided, that "nothing in the act contained shall extend to any case, where the party...that he had a right to do the act complained of." If so, no notice of action to the defendant could have been necessary under the 41st section, which...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 12

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1831 - 686 pages
...buildings, fences, lands, &c. — the 6th section containing an exception in favour of a party acting under a fair and reasonable supposition that he had a right to do the act complained of, or was hunting, or in pursuit of game. The plaintiff in his replication admits the trespass, but denies...
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