...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...

...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...

...calendar 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...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 of game....

...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...

...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, or in the pursuit...

...that the magistrates had no right to adjudicate on the charge, for that the respondent acted under a supposition that he had a right to do the act complained of, and that, the "trespass not being wilful and malicious, their jurisdiction was r*noi ousted under the...

...is 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...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 pursuit of any...

...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,...

...taiued shall extend 'to any case where the party acted under a fair and reasonable tend to certain supposition that he had a right to do the act complained of. nor to any trespass, not cases herein •. tr -ii-i ji • • • i • i • i* i • • i •/•...

...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 believed that...