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" Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of... "
The Practice of the Law in All Its Departments: With a View of Rights ... - Page 140
by Joseph Chitty - 1834
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Statutes at Large ...: (29 v. in 32) Statutes or the United Kingdom, 1801 ...

Great Britain - 1828 - 756 pages
...Two Calendar Months, unless such Sum and Costs be sooner paid : Provided always, that nothing proviso herein contained shall extend to any Case where the...reasonable Supposition that he had a Right to do the Act complained of, nor to any Trespass, not being wilful and malicious, committed in hunting, fishing,...
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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...
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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...reasonable supposition 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...
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An Alphabetical Arrangement of Mr. Peel's Acts, Lord Lansdowne's Act, Etc ...

John Frederick Archbold - Criminal law - 1830 - 328 pages
...unless such sum and costs be sooner paid: Provided always, that nothing herein contained shall Proviso. extend to any case where the party trespassing acted...reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting, fishing or...
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Reports of Cases Relating to the Duty and Office of ..., Part 155, Volume 4

Great Britain. Court of King's Bench - Justices of the peace - 1831 - 590 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,...
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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,...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 12

Charles Petersdorff - Law - 1831 - 598 pages
...labour, for not exceeding two calendar monihs. But ihn provision does not apply when the puny Uespassing acted under a fair and reasonable supposition that he had a right to do the net complained of; nor to any trespass, not being wilful and malicious, committed in hunting, fishing,...
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Reports of Cases Relating to the Duty and Office of Magistrates ..., Volume 2

Great Britain. Court of King's Bench, James Manning, Archer Ryland - Justices of the peace - 1832 - 676 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...reasonable supposition 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...
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