 | Henry William Byerley Thomson - Law - 1866 - 682 pages
...58); and this, probably, on the principle that no party trespassing can be found guilty, when acting under a fair and reasonable supposition that he had a right to do the act charged as a trespass. (Ord. 6 of 1846, § 6: 47691, PC Colombo, 17 Sept. 1858; PC Ca. 119). Police... | |
 | Law - 1872 - 768 pages
...case) that he had all the knowledge D. bad, the justices were right in finding that he did not act under a fair and reasonable supposition that he had a right to cut the ditch through respondent's private property. Attorneys for appellant : Jenkins & Abbott, for... | |
 | Encyclopedias and dictionaries - 1867 - 528 pages
...months, unless such sum and costs be sooner paid. This enactment does not 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, or to any trespass, not being wilful and malicious, committed in hunting, fishing, or... | |
 | Law - 1867 - 520 pages
...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... | |
 | Canada - Law - 1869 - 572 pages
...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 a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting, fishing,... | |
 | Great Britain. Colonial Office - 1871 - 156 pages
...further enacted, that nothing in this Ordinance con- Proviso a» tained 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, nor to any trespass, not being wilful and malicious, committed in hunting, or in the... | |
 | Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...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... | |
 | Great Britain. Courts - Law reports, digests, etc - 1872 - 694 pages
...believing that he was so authorised. Creasy now showed cause.(a) The fact of the plaintiff acting " under a fair and reasonable supposition that he had a right to do the act complained of" is immaterial ; for the defendant would be entitled to notice of action if he bona fide... | |
 | Law - 1872 - 536 pages
...The proviso in sent. .12, that " nothing herein contained shall extend to any cose where the party acted under a fair and reasonable supposition that he had a right to do th« act complained of " itnpliedly restricts tho exemption of bon<l tide claims of right from nummary... | |
 | Henry John Stephen - Law - 1874 - 724 pages
...is, however, a proviso that nothing in either of these provisions shall extend to any case where a party trespassing, acted under a fair and reasonable supposition that he had a right to do the act complained of; nor to any trespass, (not being wilful or malicious,) committed in hunting, fishing,... | |
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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... 
