The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1878-01-01 00:00:00

SUNDAY POACHING.

Judging from the proem; s which appear in pro-
vincial jonrnala against the wholesale eystern of
poaching, It does not appearthat either gob licences or
dog licence. are any security agalnet the unlawful
acquisition of game. TAO.latimo in favour ~f a "close
season" for bird. not Included in the category of
"game" is also futile. and the other day a follow wee
apprehended at Merton for firing • gun in a public
highway on a Sunday, whom defence was that "Is.
bad only shot • otarling and • blackbird." ffo daring
are the poachers In the north of Ireland that the
owners of property have memorialised the Government
on the eubjea.. They state that Sunday poaching has
become • practice. and they ask for Government pro-
tection in the form of increseed police surveillance, and
• more rigii enforcement of penalties for evading the
law with regard to game licence, and keeping gnns.
The dog tax in Ireland is only half.a-crown a year,
and aa poachers can get hares by mesas of • greyhound
without the aid of • gun or • licence to kill game, they
laugh at the landowners and generally manage to keep
clear of the police. Treepaesing in purmit of game is.
of c .nme, an offence at common law but on IMP
estate., where there is ground game on the mountains,
It I. next to impossible to set the law in motion with-
out incurring an expenee wholly dieproportionate to
the olq,-ct to he achieved. A landowner cannot main-
tain a whole regiment of gamekeeper., and naturally
look. to the law for such protection for hi• property as
he cannot him. If extend. &MO Otani, ion in the law

_ _ ..... _
which would meet the caw of the Sunday poachers,
by comrellin; the owners of crevhonnels t. ake out
game lic.nce. would, it is believed, do much to mitigate
the evil.- (Pa,.

THR LAW OF WARRANTY.

The case of Ward v Botta. just decided in the
Court of Appeal, before Lords Justices Bramwell.
Butt. and Cotton, is highly Instructive to agri-
cultnrista and cattle dealers. Defendant took pigs to
market, the remnant of a diseased herd; they were at
that time infes-ted. Plaintiff bought these at auction.
A condition of sale wan that there was no warranty,
all lota being open to inspection, and all males were to
be "with all fanite." The newly-purchased rigs not
only died. but also infected other animals. Plaintiff
sued for damages : the trial was before Lord Jnatice
Brett. The jury jury found a verdict for plaintiff for
1,66 19.., eultiect to a point of law reserved. This
point came before the Court of Queen's Bench,
Justices Mellor and Lush. The question reserved
was this. The Contagions Diseams Animaild Act
make. it a criminal offence to expo.* infected animals
knowingly for sale. nm. or tlid not, this state of the
law presuppose • general warranty on the part of
every vendor, that, so far as he know, his animals
were not so infected as to infringe the manta Yee.
their sale "with all faults" applied only to such
further faults as might feet distinctly from infection
or contagion. The Court held that each a warranty
against contagion was implied tacitly, and gave juag.
moot for plaintiff. Against this defendant appealed.
The Court of appeal haa reversed the former decision,
and deciled for defendant, on the ground that the
defendant "made no express representation that his
pigs were not infected." The moral to be drawn from
this Mate of the law. ahould it not hereafter be
reversed by the Rouse of Lords, is highly instructive
especially to fradulently-dirposed cattle jobber.. "If
you have • beast—worth, say. MO—infected, sure to
die limner or later, but not yet openly displaring
fatal symptons, send It at once to market. Few
buyers will suppose that you dare wilfully to violate
the Contagious Diseases (Animals) Act and to brave
the peaaltisa If the beset looks fairly well, they
will buy it, and, once bought, you can hold them to
the bargain The penalty under the Act is only CM
even surprsing it can be proved that you were
escnimant of the infection when you exposed the beast
for sale ; so, if you get a fair prim, you will 'till be in
pocket, even if convicted and fined. Better this than
let the beast die at home—a dead Ines to you. True,
you may infect the whole farm of the buyer, but that
dose not hurt you. if you are • man of draw.*