Wyandot County Republican. [volume] (Upper Sandusky, Ohio) 1869-1903, 1873-01-23
ACKNOWLEDGEMENTS.

SFOhVSMEN- ASSs
E. T. Dunn, Esq, a prominent At
torney of Findlay. communicates the
following to the Jeffersonian:
MEssRs. EDITORS AT your re-
quest submit the following, which
may be a satisfactory answer to the
query made to you by parties inter
ested:
The game law is in substance as
follows: "That il shall be unlawful,
&C., at any time to kill on the premi-
ses of another, or. public highway,
any sparrow, robin, blue bird, &C..
or in any place to catch, kill or in
jure or pursue, d., any quail or Vir-
ginia partridge, or wild turkey, be.
tween February 1st and October 18th,
or to kill any wild hare or rabbit,
except on the premises of the person
so killing, between Feb. 1st and Nov
1st, or to catch or to attempt to
catch with a net, snare or trap, any
quail or Virginia, partridge at any
time"
The penalty is a fine of not less
than two nor more than twenty dol
lals for each offense with costs, or
Imprisonment in the county Jail not
more than twenty days, or both, at
discretion of the court.
This is not the full act but as much
of it as may be Of interest.
Now as to the question of srespass.
1t Is prima facie 'trespass to enter
and go upon the premises of another,
at any time; so that sportsman, or
any other person, who goes upon the
lands Of another, is a trespasser, un-
unless he has some kind of license.
express or implied, to go there. Has
sportsman such Incense 7 We think
in general they have. If a person
is in the habit of going on or upon
the lands of another for any purpose
as to get water, and no objection is
made by the owner of the land, there
is an implied license, and the party
is no trespasser. Again, in a coun-
try where there is an open range, a
man has general implied licens to
go upon such lands for many ppr-
poses, as to hunt his cows, or stray
hogs. or the like; or though the gen
cral familiarity of neighbors. one has
an implied license to go upon the
lands of another for almost any pur-
pose, But it must be observed that
this is only an implied lisence, and
one which may be provoked, or no
tice given that it does not exist at
any moment, and after such revoca
ton or notice. the party entering is
trespasser. Sportsmen, we think,
from these principles, have an i'm
piled license to enter upon lands OF
| another, where wild game may be
found, to hunt it. But, if they are
trespasser, or if, while on such lands,
they do any damage or injury either
to the soil or timber, Or are guilty OF
larceny, then they are in the law tres
passers from the time they entered
upon the lands, or as lawyers would
say, a6 initio.
ANY kind of notice, which comes
to the knowledge of sportsmen, is
sufficient to revoke this implied Ii
cense. 1t need not be in writing. A
verbel statement, or word sent to the
parties, or notice published in the
county paper, if it comes to the
knowledge of the sportsman, and
where such paper is of general circu
lation in the county. 1 believe such
notice is binding upon all sportsmer
if directed to them. So for example
with heading "Notice to sports
men," a means of notice sometimes
employed in thickly settled countries
is by having a sign painted and put
up conspiclously, as on tree at the
entrance Of a field" ANY such no
tice as above indicated is sufficient
but without it, I believe sportsmen
during the proper season, have s
right to shoot away.