...any court of justice is in dispute; under the Malicious Injuries Act (7 & 8 Geo. 4, c. 30, s. 24), " where the " party trespassing acted under a fair and..." that he had a right to do the act complained of" (R. \. Tkomat, MS. QBH 1841) ; and under the Poimdbreach Act (6 & 7 Viet. c. 30, s. 2), where any question...

...: Provided always, that nothing herein contained shall extend to any Case where the Party offending 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, Fishing, or the Pursuit...

...have been so given to him : 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 go into or upon any such Place, nor to any Trespass (not being wilful or malicious) committed in Hunting,...

...that nothing herein contained shall extend to any case where the parly trespassing acted tinder the fair and reasonable supposition that he had a right to do the act complained of. See also title "Explosive Substance" and "Summary Conviction." MANDAMUS. A writ of mandamus is a command...

...punishable summarily. 5. If only under section 24, the proviso would apply if it appeared to be a case- where the party trespassing acted under a fair and...supposition that he had a right to do the act complained of; but, if under either of the former, the question would arise whether the proviso ex- . te-nds thereto,...

...Proviso, tend to any case where the party trespassing acted under a fair and rea- bVi¡or\fl nable supposition that he had a right to do the act complained of, nor (ending. any trespass not being wilful and malicious, but that every such trespass all be punishable...

...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....

...justices had jurisdiction to enforce the rate. A mere statement by the defendant that he acted under a reasonable supposition that he had a right to do the act complained of does not oust the justices of their jurisdiction under stat. 7 & 8 Geo. 4. c. 30. s. 24 : the justices...

...proviso, that it shall not cstniii to an case where the party trespassing acted under a fair and rcasonabi supposition that he had a right to do the act complained of, nor t any trespass, not being wilful and malicious, committed in hunting fthiug, or in the pursuit...

...complained of, under the 4 and 5 Viet., ch. 26, s. 24, commits any damage or injury, <fec., " not having a fair and reasonable supposition that he had a right to do the act complained of," and which exemption is contained in a proviso to that section of the statute. It is here necessary...