Bennet v Talbois
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court |
English Reports Citation: 91 E.R. 997
COURTS OF KING'S BENCH AND COMMON PLEAS
bennet vers. talbols. S. C. 5 Mod. 307. Garth. 382. Comb. 420. Holt 661. Com. 26. Salk. 212. 12 Mod. 121. Hunting in alieno solo is actionable at common law. Trespass quare clausum fregit et herbam cum duabus vaccis conculcavit et con-sumpsit et in clauso venatus fuit, &c. existente inferior! artifice, viz. pannario, et alia enormia, &c. and [150] concludes, contra forrnam statuti. Upon not guilty pleaded, verdict for the plaintiff. And Webb moved in arrest of judgment, 1. That it is nob said, that the defendant is not qualified by estate to hunt, without incurring the penalty of the Act; for if he be, he might hunt by law. But to this it was resolved by the Court, that hunting is a trespass in alieno solo at common law, and actionable. Then the new statute 4 & 5 Will. & Mar. cap. 23, s. 10, only, as to this point of inferior tradesmen, repeals the statute of 22 & 23 Car. 2, cap. 9, which enacts, that the party shall recover no more costs than damages, when the jury give damages under forty shillings. But no Act enables the party to hunt in another's ground ; and therefore it is not material, how the person is qualified, in the case of an inferior tradesman, as to his estate. Then it was moved, that the plaintiff having concluded, contra formam statuti, this goes to the whole, and therefore it is ill; for the trespass ia an offence at common law, and not against any statute. But to this Holt Chief Justice answered, that (a) if an Act of Parliament increases the penalty, or deprives the party of the benefit of the common law, there he ought to conclude contra formam atatuti. But if a man brings an action for such an offence, and for a thing that is an offence only at common law, and concludes contra formam statuti; though in grammar this goes to the whole, yet the Court will refer it only to the offence that is prohibited, &c. by the statute, and it shall be surplusage as to the offence at common law. And he resembled it to the case of Page and Harwood, Allen 43. So if a man brings an action for an...
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Bennet v Talbot
...Reports Citation: 91 E.R. 190 COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER. Bennet and Talbot Hill. 8 Will. 3, B. R. 1 Ld. Raym. 149, S. C. Comyns 26, S. C. 190 DECLARATION 1 SALKELD, 213. 2. bennet versus talbot. [Hill. 8 Will. 3, B. R. 1 Ld. Raym. 149, S. C. Cotnyns 26, S.......