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Odger's English Common Law

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404 MALICIOUS INJURIES TO PROPERTY.<br />

ever which the inhabitants exercised certain rights, such as drying their<br />

fishing nets and taking sand or rushes. When the company began to<br />

excavate foundations for an hotel and put up a wooden building as a<br />

temporary office, the inhabitants came in force and threw it down. Not<br />

content with this, they proceeded to demolish it and then dragged the<br />

pieces 120 yards and threw them into the sea. The jury found that the<br />

defendants had acted in the belief that they were asserting a right in the<br />

first place, but that by destroying the office and throwing the pieces over<br />

the cliff into the sea they did more than was necessary to be done in<br />

asserting that right ; and the Court held that they were rightly convicted. 1<br />

l S. v. Clemens and others [1898] 1 Q. B. 556.

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