Pollock, p. 331;+ 331;+ 346. 11. «Every invasion of private property, be it ever so minute, is a trespass».

The argument of "state necessity" and the distinction be. tween state officials and others were dismissed by Lord Camden, CH, in 1765

It may seem unreasonable, at first sight, to expect a man to know at his peril what things are his neighbour's; but (1) PerCur.

—a) Thus it was long ago held that a Secretary of State (in time of peace) has no jurisdiction to grant a warrant to break open doors to search for libellous papers; and such a warrant is illegal and void

—the function of legislation rather than of adjudication, he would be unsettling instead of strengthening-and he must look to be himself displaced and unsettled in his turn by his successor. 1 It kingdom by a declaration that such is their opinion? I say no. is a matter of impeachment for any judge to affirm it. There must be an antecedent principle or authority, from whence …

Geo. 2, c. 19, which gives a remedy to a landlord whose tenant has fraudulently removed goods from the demised premises, unless they have been bona fide sold to one not privy to the fraud, was under consideration and it was urged that the landlord was not empowered by the statute to enter the close of a third person, or to break his locks, for the purpose of seizing …

—he speaks of the practice of issuing such warrants as having "crept into the law by imperceptible practice."

Before the Human Rights Act 1998, courts in the UK decided cases which involved individual rights on the basis of specific pieces of legislation–for instance the application of equality in employment38 or on the basis of precedent on rights found under the Common Law

—"s Where, however, a casus omissus does really occur in a statute, either through the inadvertence of the legislature, or on the principle quod 1 D. 1. 3. 3.

—it was expressly held that general warrants to seize property were illegal, following the decision in Wilkes

[CITATION] UNDERGRADUATE LAW REVIEW

[BOOK] Cornell University Law Library

[CITATION] THE COMPARATIVE LAW OF “INFRINGEMENT SEIZURE” IN FRENCH AND CANADIAN …