 | 1867 - 528 lehte
...not exceeding two calendar months, unless such sum and costs be sooner paid. This enactment does not extend to any case where the party trespassing acted...supposition that he had a right to do the act complained of, or to any trespass, not being wilful and malicious, committed in hunting, fishing, or in the pursuit... | |
 | 1867 - 520 lehte
...circumstances of this case '• 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 uf." Upon the conclusion of the case for the prosecution. Carltr, for the defendant, admitted that... | |
 | Great Britain - 1868 - 244 lehte
...a fair and reasonable sup- herein position that he had a right to do the act complained of, named, nor to any trespass, not being wilful and malicious,...that every such trespass shall be punishable in the same manner as if this act had not passed. 53. The provisions in the last preceding section con- Preceding... | |
 | Canada - 1869 - 572 lehte
...n. estend herein contained shall extend to any case where the party acted ' c ° e 0 0 <) a rtH ' n under a fair and reasonable supposition that he had...committed in hunting, fishing, or in the pursuit of game, 16 but but every such trespass shall bo punishable in the same manner as if this Act had not been passed.... | |
 | Great Britain. Courts - 1870 - 556 lehte
...Malicious Trespass Act, 7 & 8 G. 4, c. 30, contained a proviso that " nothing therein contained should extend to any case where the party trespassing acted under a fair and reasonable suspicion that he had a right to do the act complained of, nor to any trespass, not being wilful and... | |
 | Great Britain. Parliament. House of Commons - 1871 - 462 lehte
...Provided always and it is further enacted, that nothing in this Ordinance con- Proviso a» tained shall extend to any case where the party trespassing acted...had a right to do the act complained of, nor to any &c. trespass, not being wilful and malicious, committed in hunting, or in the pursuit of any other... | |
 | Victoria. Supreme Court - 1871 - 380 lehte
...even if it did, the defendant was entitled to the exemption contained in the said section ; that he acted under a fair and reasonable supposition that he had a right to do the act complained of ; and also proved on behalf of the defendant that the pump had been erected for more than two years,... | |
 | Nathaniel Cleveland Moak - 1878 - 918 lehte
...finding of the justices, acted bona jide, they ought, upon the facts stated, also to have found that he acted under a fair and reasonable supposition that he had a right to do what was complained of in the information. - Wlute v. Feaxl (Law Rep., 7 QB, 353) distinguished. CASE... | |
 | Great Britain. Magistrates' cases - 1880 - 640 lehte
...that section are: "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." [COCKBURN, CJ — But the rule is not granted on that ground. 1 It is, however, important with reference... | |
 | Walter Shirley Shirley - 1881 - 232 lehte
...similar proviso : — " Provided that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that...that every such trespass shall be punishable in the same manner as if this Act had not passed " (d). A rather interesting point on the construction of... | |
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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... 
