The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1880-03-02 00:00:00

MAIDEN NawroN.
COMMON PLEAS DIVISION.
(S.ttin.is in B taco, la-fore Lgrd Chief Justice COLERIDGE
and Mr. Justice LINDLEY.)
WHITE a'. FOX AHD ANOTHER.

Toe appellant In this eves was • tenant-farmer upon the
e-t to f M Iticliard It Jolley Soen.l en. J.l'.' at Maiden
N..wton, n .ar D cheeter, and the respondents were two
g ouekerpers in the movie, of Mr. Sheridan. The app 'I.
lam; was cu.:aged one day in ferreting rabbits on the laud
In his o copation when the keepers came up mid asked him
If he bad permission to do so. The appellant said he was
acting sitle.n his right,. The headkeeper told him be was
wren", nn.l that i.e roust give up his bag, which euntalned
was in I rabbits. The appellant refused, whereupon the
tint rkeepors, the two respondents, attempted to sots) the
bag, and in the struggle that ensued the Ira of the appel-
lant was knocked off, his coat was torn, and he was
drogged a lite paces on the ground. Ile took out a sum-
mons for the assault against the two keepers, when it
was contended on their bobalf before the matriarates that
they had acts I in the bona file belief that they were
exercising a right in chit they did, and the magistrate',
b hissing in the honesty of this statement, hold they had
no jurisdiction in the matter and dismissed the com-
plaint Against this decision the appellant appealed.
Mr. B oupas, Q C., Instructed by Mr. It, N. Howard. of
Wey Lb. apposred on his behalf; Kr. Charles. QC..
awl Mr Pat le rwis were tor the respondents.
Mr. (hulas, being e.lleti upon by the Court, contended
that the no ertietrates were tight, inasmuch as the c ese
being a rim's el one they could not try the existenc, ,
a right bona file set up. There was no liens rea
Lord Crandge : If a man thinks he has a right, how-
ever absurd, to knock one down, has he no merle red?
Mr. Charles: Kit so far a. Justices are concerned.
Lord 'Coleridge said It was • startbng proposition. Take
it that tho rabbits here were the property of his landlord,
did that juvtify the keepers in knocking the appellant
down I He should hive thought the law was designed on
purpose to proven' such a thing.
Mr. Chsrl .s pc-sired that the magistrates had no
I it, amt pea -eded to eke • number of autoori-
ttee al stale... in support of his pi oposi.ion. Time
It •epore. hr sebuitred. could of course be proceeded against
by indicto.eat, but could not be dealt with summarily.,
L r.l C deridge pointed out that if the absence
seta, red was to protect a man before the magistrate*, en
tho corn orinciple It ought to secure hia acquittal before
a ire), po haps on • much g charge.
Mr. IA Ire said the question of MOM eta woulJ bnu,
the jury; but if the magistrates believed tt at itic person
cli, golf. 1.1 an honest belief, that was guile eot to ray
th ir

L .r.l in giving judgment. sail
111.0,110.1 p.ll..ctly simple and mem., and the 111•041tIVI
11.1 iiOUU vim:: in declining jurisdiction. The so, client
ha llc .it asssiilted by the respondents. I not
suggosied that they bad any tight to assent. him, I.ut
they beat him tore his clothe., and toot away e. rt in
rabbits which he mos willing to swum. were not his, lett
were the trip. rty ot his I smilurt. All this w I I
before tic VI gs• rxies, and they held they bail n I tI,
try Om rase, as the r...pondents honestly home •1.
Ist a ti.,t t act as they did. This stemoil :in es .in •
ing molt ntion. Mr. C taxies hid referred in at. in.:. in s
truism. nt to various provisions of statutes and .1 c .1-4
co-es, but the °mimed-mg on which he relied I ot
tonelt ti, , f bore. These ezpresrions only .ho,-,I hit
wit-nc PO, to property was in dispute the meets. a
Julie lict o 11.114 gene; hut the plop-Ito Imre r. ferre ta
meant in every c .re roil prop .rtv. Hr, Om. iiiii .18 114 i
been tit m out emirs. 21 and 11.1 Y.c., esp. lOU. Lee. 42, lir
usher:tiny aseaulting, and sec 46,1 the Act *hosed th it
the jut is lictlun of the mudttretee was only outowl tel, n
any goes. ion arose as to the title to any land; ten. to te ,
or horeditatwnit., or any int rest therein or in cru., g
therefrom. Any such ground of exemption was waning
in the pr sent case, aml the niteistrates must therefore
exercise 'heir jurisdiction, and ray whether there had been
an *insult or not. If titer decided this in the afflrms.ivo
the Tuition of bona Ades might thou I,OOOIIIJ 11l ,St
mat 1,. fixing the punish:mut.
Mr. Justice Lindley concurred.
Appeal allowed.