Hunting Act, new approach?

[bhawk 64]

ermmmm....not sure were i should post this but i thought id try here, While reading some law books it appears there is the law of custom within the UK, which could prove useful in repealing the hunting act. Im taking this from Odger s "The common law of england volume 1".

The law of custom actually supercedes any statute law....well i think its best i just quote the law book itself (and yes this law is still valid today)

 

'A local custom may be defined as a usage which "has obtained the force of law, and is, in truth, the binding law Within a particular district, or at a particular place, of the persons and things which it concerns." Such customs are deviations from the general law of the land, which prevail

only in a particular district. " A custom in the strict legal signification of the word must be taken with reference to some defined limit or space, which is essential to every custom properly so called," and must have been in use so long that " the memory of man runneth not to the contrary ;" i.e. it must be impossible to prove that the custom commenced since the first year of Richard I.

..............

A local custom, therefore, so far as it extends, supersedes the general law.' It derives its validity from long-continued usage. From such usage,

it was said, the consent of those immediately affected by it might be implied. But as a matter of fact such consent was never consciously asked or

given ; nor is proof of any such consent necessary to the validity of the custom. The fact that the custom is inconsistent with the general law of the land will not render it bad in law. But no local custom can prevail against an express Act of Parliament. Every custom—in theory at all events—must be anterior in date to any statute, and an express subsequent statute will override any antecedent custom.'

 

Now many of you will have noted the last sentence, yet with this being a generalisation would it not be a good avenue to investigate as with the hunting act being unclear in many aspects therefore not being an "express subsequent statute".

Much of this could be in the wording.

There are other aspects to this, such as the fact the hunting act is a statutory instrument, the definition of which is "A legislative rule of society given the force of law by the consent of the governed." please note the fact its not law, only given "force of law" by "consent of the governed", yet with the majority of the population supporting hunting does this not make the statute useless, you are the governed.

Yet even further on this is the attestation of a constable which states they are to uphold the "law", very specific there as i said before statute is not law, only given force of law, ergo a constable is not obliged to enforce the hunting act.

Is this not worth investigating by the countryside alliance?

 

http://tpuc.org/content/closer-look-statutes-1

 

Also of interest may be these letters

 

http://www.whatdotheyknow.com/request/wild..._2#comment-3794

and

http://www.whatdotheyknow.com/request/wild...tryside_act_the

 

Please give me your views, any criticism is also welcome.

[6868 0]

thanks for posting bhawk, thats an interesting read.

its hard to believe they,d over look something like that, but hope its usefull.

[gonetoearth 5,144]

TO HUNT , OR TO FLUSH WAS THE MAIN BONE OF CONTENTION IN THE LAST COURT CASE

IS FLUSHING HUNTING THEY COULD NOT DECIDE , IS HUNTING A SPORT OR A CUSTOM

AGAIN THIS IS A CONTENSIOUS SUBJECT ,

Edited August 25, 2009 by gonetoearth

[bhawk 64]

TO HUNT , OR TO FLUSH WAS THE MAIN BONE OF CONTENTION IN THE LAST COURT CASE

IS FLUSHING HUNTING THEY COULD NOT DECIDE , IS HUNTING A SPORT OR A CUSTOM

AGAIN THIS IS A CONTENSIOUS SUBJECT ,

 

by definition of a custom it is definately custom (a sport can be a custom), i think the key is in the wording of the Act. If it was decided that the act was not expressly concerning fox hunting then fox hunting can be argued as custom, if thats the case it supersedes the hunting act, due to the acts vague nature.

Its one of the long forgotten rights we have in this country, sometimes its these things that can be overlooked, i havent heard anyone use this argument yet so thought itd be an idea to post it on here.

Edited August 25, 2009 by bhawk

[gonetoearth 5,144]

TO HUNT , OR TO FLUSH WAS THE MAIN BONE OF CONTENTION IN THE LAST COURT CASE

IS FLUSHING HUNTING THEY COULD NOT DECIDE , IS HUNTING A SPORT OR A CUSTOM

AGAIN THIS IS A CONTENSIOUS SUBJECT ,

 

by definition of a custom it is definately custom (a sport can be a custom), i think the key is in the wording of the Act. If it was decided that the act was not expressly concerning fox hunting then fox hunting can be argued as custom, if thats the case it supersedes the hunting act, due to the acts vague nature.

Its one of the long forgotten rights we have in this country, sometimes its these things that can be overlooked, i havent heard anyone use this argument yet so thought itd be an idea to post it on here.

CUSTOM = LONG ESTABLISHED ATIVITY OR ACTION,SPORT= ACTIVITY FOR PLEASURE OR EXISIZE SEE WHAT I MEAN, HUNT= SEEK OUT AND KILL FOR FOOD OR SPORT , FLUSH =DRIVE OUT OF A HIDING PLACE, THATS WHY THE HUNTING ACT WILL BE THROWN OUT, TO BE REPLACED WITH WHO KNOWS WHAT AND FINALY COURSE = HUNT WITH HOUNDS THAT FOLLOW THE QARRY BY SIGHT AND NOT SCENT , , HARE COURSING BEING THE OLDEST CUSTOM OF THEM ALL , Edited August 25, 2009 by gonetoearth

[bhawk 64]

Does anyone happen to know the email address for someone involved in researching such stuff for the countryside alliance, got to be worth a try aint it.

[gonetoearth 5,144]

Does anyone happen to know the email address for someone involved in researching such stuff for the countryside alliance, got to be worth a try aint it.

GO TO THEIR SITE AND TRY BET YOU DONT GET A REPLY

[bhawk 64]

Does anyone happen to know the email address for someone involved in researching such stuff for the countryside alliance, got to be worth a try aint it.

GO TO THEIR SITE AND TRY BET YOU DONT GET A REPLY

 

They're looking into it now!

[gonetoearth 5,144]

Does anyone happen to know the email address for someone involved in researching such stuff for the countryside alliance, got to be worth a try aint it.

GO TO THEIR SITE AND TRY BET YOU DONT GET A REPLY

 

They're looking into it now!

GOOD LUCK AND WELL SPOTTED