Wednesday, September 11, 1872. — Before H. Eyre Kenny, Esq., R.M. Impounding Case. — An Important Decision. — McMannus v. Penwarden. — Mr. Hughes for the plaintiff; defendant appeared in person. — This was an action brought to recover the sum of £2 10s., damage o casioned to the plaintiff by the trespass of defendant's cattle into the garden of the plain tiff. The defendant pleaded that there was no sufficient fence round the plaintiff's garden, and that more than thirty days had elapsed before the bringing of the action ; so that the " Cattle Im pounding Ordinance, 1870," was a bar to the suit. — The case being called on for judgment, the Magistrate, after recapitulating the f;icts, went oa to say that two questions were raised : — Ist. Does the " Cattle Impounding Ordinance, 1870," pre vont the occupier of any land trespassed upon from claiming damages in an action brought in a Court of competent jurisdiction ? In other words, does the Ordinance leave to parties injured by the tres pass of cattle only the quasi criminal remedies pro vided by it, and deprive them of all others ? 2nd. If the common law right of action still subsists, what are the damages proved in this cause P I will first refer to the common law rights of persons injured in the manner suggested in this suit. " Every man's land," says Blackstone, " is in the eye of the law enclosed and set apart from his neighbour's, and that, either by a visible and ma terial fence, as one field is divided from another by a hedge, or by an ideal invisible boundary existing only in the contemplation of law, as when one man's land adjoins to another's in the same field." In Broom's Commentaries, p. 763, the law is stated thus :—": — " Any entry upon, or breach of a man's close, if unauthorised by him, and unjustified by law, carries necessarily along with it some damage or other; so that proof of the alleged trespass will, without any proof of damage sustained, entitle the plaintiff* to a verdict; the reason being that for the vindication of every right there is a remedy. 