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were entertained whether any but live birds were included*. As, however, by the present enactment, ample time is allowed for the consumption of all that has been legally taken, and the same language is used in speaking of dead and live game, the reasons for the former construction have ceased, and the old cases may be considered as inapplicable.
Still it is not every possession which would be punishable, there are cases where it might be innocent, as for example, if it were killed by poachers, and the object of taking it up was to facilitase their convictiont. This possession is not such as a party acquires or retains for his own benefit or pleasure, and may be sidered as subject to the same rules as would excuse the possession of stolen goods. A very common practice prevails in the Metropolis of exposing grouse and black game after the season, under the pretext that they are imported from Norway and Sweden. This is clearly illegal, and as it is a well-known fact that the greater portion of the supply comes from Scotland, it is much to be regretted that it is not suppressed.
Sunday and Christmas Day|| are very properly proclaimed as dies non to the sportsman, and not only the killing or taking game, but also the using of any dog, gun, net, or other engine or instrument, for such a purpose is forbidden. Two magistrates are empowered to impose a fine not exceeding £5 and the costs, for offences against this regulation, but only one penalty can be incurred in the course of the same days.
Formerly, every person was restrained from the pursuit of game during the night, but that good old rule is abrogated, and at the present time, although a far heavier punishment is threatened against those who commit a trespass for such a purpose between the expiration of the first hour after sun-set and the beginning of the last hour before sun-risei-yet on his own land a man may destroy it at any moment. The regulations too, against tracting hares in the snow, and the use of certain devices, are at an end, and with the solitary exception of poison, any means which the art of man can invent, may be employed. With respect to poison, the recent statute** most justly declares that whoever puts, or causes to be put, any poison or poisonous ingredient on any open or enclosed ground, where game usually resort, or in any highway, with intent to injure or destroy it, he may be convicted by two Justices in any sum not exceeding 101. and the costs of the con
Simpson v. Unwin, 3 B. and Ad. 131. + Warneford v. Kendall, 10 East 19. & 1 and 2 Will. 4, c. 32, sec. 3,
Crepps v. Durden Cowp 640. + 9 Geo. 4, c. 69. ** Sect. 3.
§ 2 Jac. 1 c. 27,
viction. Thus a person cannot place poison upon his own ground, and although he may use it with a view to destroy other birds or things, yet if he place it in such a situation that in all human probability game will take it, and it is taken, as we have before had occasion to remark, he will be considered to have intended the natural result of his actions, and subject himself to punishment.
The taking or destroying of the eggs of game is also punishable, and it is enacted," that if any person without the consent of the possessor of the right of killing game upon the land, wilfully takes out of the nest, or destroys in the nest the eggs of game, or knowingly has any eggs so taken in his house, shop, possession, or controul, he shall forfeit on conviction before two magistrates a sum not exceeding five shillings for every egg, and also the costs. Any party who has the right to the game is thus at liberty to take, or even destroy them, and to give permission to others to do so, but a tenant over whose farm the exclusive right of sporting is reserved may be fined. If he had a concurrent right he could not, and thus another instance is afforded of the caution which is requisite in granting a lease.
MOVEMENTS IN HUNTING COUNTRIES.
It rarely happens that so many changes take place, as have been brought about in the spring of 1842.
Mr. Smith's Pytchley horses were sold at Tattersall's on the 23rd ult. There will of course be many and various opinions as to his career in this, the crack country of England, but we think that his brief history may be summed up with infinite credit to himself, as a huntsman, whose best proofs of success are in multitudes of “Spolia” gained in good runs. That there was alack of style is most true, and that this has offended some few, is equally certain, but we think that the exmaster of the Pytchley has satisfactorily proved to the unprejudiced mind, that style is not all inall, in either the kennel, or the field. It is not yet known who is to be Mr. Smith's successor-Lord Ducie and Lord Cardigan have both been named as coming forward-our own ideas point to the first of these as the most likely. Lord Cardigan has at all events determinedto abandon“ staggers.
Lord Chesterfield has given his hounds to Sir W. M. Stanley, who will hunt them in Cheshire. - The Cheshire Hunt, after much deliberation, continues for another season, under the management of a committee.
A paragraph has been going the round of the papers, under the patronage of Bell's Life, to the effect that Mr. Assheton Smith liad
. Sect. 24.
bought the Old Berkeley from “ Sir Harvey Combe!" How could such an absurd story ever have crept into our worthy friend's broad sheet?
The Old Berkeley have been sold to Lord Southampton, and Mr. Smith has bought the Duke of Grafton's pack to cross with his own.We should think that Mr. Smith must now have plenty of hounds.
The Cottesmore have passed under Messrs Tattersall’s hammer, the principal lots having been bought by Mr. Foljambe, who, it is rumoured, will carry on the country. They realised altogether about a thousand pounds.
That excellent man and good sportsman, Mr. Codrington, retires from the New Forest; we have not yet heard who is to succeed him in that country. Major Barret retires from the H. H. Country in Hants, and is succeeded by Mr. Onslow. Mr. Long has lately agreed to go on again with the Hambledon which he had given up. The Shropshire hounds continue under the same management, although reported to be in want of a master. Mr. Lee Steir, bas declared his intention of resigning his Sussex Country.
These are a few of the “Changes in Administration," which have
come to our ears.
THE MYSTERY. We beg leave to call the attention of our readers to the portrait in the present number of Lord Alfred Paget's new iron cutter yacht, Mystery, of 25 tons. It is from a drawing by Mr. C. Taylor, who is well known for his accurate portraits of yachts (see " Champion" in N. S. M. Nov. 1841). The Mystery was built at the yard of Messrs. Ditchburn and Mare of Blackwall, and was launched a short time since; she is entered to sail in the R. T. Y. C. Match, on June 4, and no doubt will contend for the Grand Challenge Cup also; she is the first iron yacht ever built, and the yachting world will no doubt be anxiously awaiting her first appearance in a match.
ROYAL WESTERN YACHT CLUB,
ENGLISH DIVISION. Vessel.
.B. R. Robinson, Esq... ..Cutter
.H. F. F, Jobpson, Esq. ..Cutter .. Arab
Thomas Slade ... .... Cutter Charlie o'er the WaterC. Clementson, Esq. .... Schooner Cherub
.J. Kelson, Esq. .... Cutter .. Clymene
.J. C. M. Poore, Esq ....Lugger.. Eagle
.J. Greaves, Esq.........Curier Eliza
W. S. Scope, Esq. ... Cutter