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" Provided always, That any person charged with any such Trespass shall be at liberty to prove, by way of defence, any matter which would have been a defence to an action at law for such Trespass... "
The Shot-gun and Sporting Rifle: And the Dogs, Ponies, Ferrets, &c., Used ... - Page 437
by John Henry Walsh - 1859 - 448 pages
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The New sporting magazine, Volume 4

1842 - 530 pages
...proved by the defendants, for it declares that any person charged with any trespass in pursuit of game, shall be at liberty to prove by way of defence, any...been a defence to an action at law for such trespass. We have before had occasion to point out what would afford a justification in a civil proceeding, and...
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Parliamentary Papers, Volume 2

Great Britain. Parliament. House of Commons - Great Britain - 1831 - 626 pages
...meet, together with the costs of the conviction : Provided always, That any person charged with any such Trespass shall be at liberty to prove, by way of defence, 40 any matter which would have been a defence to an action at law for such trespass ; save and except...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1859 - 670 pages
...snipes, quails, landrails, or coneys," &c. ; and it is provided, " that any person charged with any such trespass shall be at liberty to prove by way...the leave and licence of the occupier of the land *o tre«passed upon shall not be a sufficient defence in any case where the landlord, lessor or other...
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Parliamentary Papers, Volume 2

Great Britain. Parliament. House of Commons - Great Britain - 1832 - 756 pages
...case of refusal may be arrested. Penalty. Proviso. Provided always, That any Person charged with any such Trespass shall be at liberty to prove, by way...been a defence to an Action at Law for such Trespass. And be it Enacted, That where any Person shall be trespassing on any Land in the day-time, in search...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1832 - 748 pages
...process: Provided always, that any person charged with any such trespass shall be at liberty toprore, by v defence, any matter which would have been a defence to an action at law for such trespass. n. That where any person shall be trespassing on any land in the day-time, in search or pursuit of...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1858 - 882 pages
...The proviso has reference to the previous words. It enables the Magistrates to go into evidence of any matter, which would have been a defence to an action at law; but it by no means follows that the Magistrates can, against the will of the person charged, try that...
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The Scottish Jurist: Containing Reports of Cases Decided in the ..., Volume 5

Law reports, digests, etc - 1833 - 656 pages
...meet, together with the expenses of process : Proviw. Provided always, that any person charged with any such trespass shall be at liberty to prove, by way...a defence to an action at law for such trespass." Such Trapa». " ^' That wnere anv person shall be trespasgseri may be re. ing on any land, in the day-time,...
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Summary of the Criminal Law

Henry John Stephen - Criminal law - 1834 - 518 pages
...meet, together with the costs of the conviction: provided always, that any person charged with any such trespass, shall be at liberty to prove, by way...such trespass, save and except that the leave and license of the occupier of the land so trespassed upon shall not be a sufficient defence in any case,...
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The Legal Observer, Or, Journal of Jurisprudence, Volume 11

Law - 1836 - 596 pages
...he shall, on conviction, pay not exceeding two pounds. Then follows a proviso, that such person may prove by way of defence, " any matter which would have been a defence to an action at late for such trespass." Now it is well known, that no person but the tenant in possession can bring...
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A Collection of Statutes Connected with the General ..., Volume 10; Volume 1225

Great Britain - Law - 1836 - 704 pages
...the costs of No. 1. the conviction : Provided always, That any person charged with any 1 & 2 W. 4, such trespass shall be at liberty to prove, by way of defence, any matter c. 32. which would have been a defence to an action at law for such trespass ; vv save and except that...
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