The Law of Field-sports: A Summary of the Rules of Law Affecting American Sportsmen

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O. Judd Company, 1886 - Game laws - 128 pages
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Page 62 - The ownership being in the people of the state, the repository of the sovereign authority, and no individual having any property rights to be affected, it necessarily results that the Legislature, as the representative of the people of the state, may withhold or grant to individuals the right to hunt and kill game or qualify or restrict, as, in the opinions of its members, will best subserve the public welfare.
Page 44 - The gist of the liability consists in the fact that the person injured did not act merely for his own convenience and pleasure, and from motives to which no act or sign of the owner or occupant contributed, but that he entered the premises because he was led to believe that they were intended to be used by visitors or passengers, and that such use was not only acquiesced in by the owner or person in possession and control of the premises, but that it was in accordance with the intention and design...
Page 49 - Any person who is present at the commission of a trespass, encouraging or exciting the same by words, gestures, looks, or signs, or who in any way or by any means countenances or approves the same, is in law deemed to be an aider and abettor, and liable as principal...
Page 62 - ... individual, and consequently nothing is taken away from the individual when he is denied the privilege at stated seasons of hunting and killing game. It is perhaps accurate to say that the ownership of the sovereign authority is in trust for all the people of the state, and hence by implication it is the duty of the Legislature to enact such laws as will best preserve the subject of the trust and secure its beneficial use in the future to the people of the state. But, in any view, the question...
Page 26 - It can only be supported upon the broad ground that when two dogs fight and one is killed, the owner can have satisfaction for his loss from the owner of the victorious dog; and I know of no such rule. The owner of the dead dog would, I think, be very clearly entitled to the skin, although some, less liberal, would be disposed to award it as a trophy to the victor, and this rule would ordinarily be a full equivalent for the loss; and with that, unless the evidence differ materially from that in this...
Page 50 - ... render a person liable as a participator therein. If he is only a spectator, innocent of any unlawful intent, and does no act to countenance or approve those who are actors, he is not to be held liable on the ground that he happened to be a looker-on and did not Hilmes vs.
Page 82 - ... or occupant of lands, shall be liable to such owner or occupant in exemplary damages to an amount not exceeding one hundred dollars, and shall also be liable to a fine of ten dollars for each and every trespass so committed. The possession of implements of shooting on such lands shall be presumptive evidence of the trespass.
Page 44 - A mere naked license or permission to enter or pass over an estate will not create a duty or impose an obligation on the part of the owner to provide against the danger of accident.
Page 51 - property" can mean no more than the exclusive right to catch, kill and appropriate such animals, which is sometimes called by the law a reduction of them into possession. This right is said in law to exist...
Page 72 - The memorandum is a mere writing not under seal, and the case of Wood v. Leadbitter, 13 Mee. & W. 838, has decided that, in order to acquire a right such as that which is here claimed by the plaintiff, an instrument under seal is necessary ; and that at law an instrument purporting to grant such a right, though given for a valuable consideration, is revocable at any time and without paying back the money. At law, therefore, the plaintiff has no remedy until the defendant shall have executed a deed...

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