The British Press; or, Morning Literary Advertiser.
London, England, 1810-01-23 00:00:00

GA V E CASE.

110111. OF kIoPETOVN V. It [Gni..
The game laws are helil to iote vet.' ao large and
rtyptetalile.a part of the community, that we iino-
gum it u ill he accept ihle to our readers to receive
mks* remota or the folkannig case, decided by the
Ju Ise. of 'the lion Clamber of tin Court of Session
*a Istvan,. Imit.

Mr. Wight. Gamer at Oroiston, the property of
the Earl of Hopetoun, situated iu the county of
Heddingtnti. having been in the practice of shoot-
ing.gone en hie fano, without the perinispion of his
fluidised, was proseeuted by the Heel and the Pre-
cision:it-bowl if the county, in au ect'ion before the
Shoed, concleding <hat the Defender should be
found liable in the penalty prescribed by the Act
1431. e. rl. spinet such permits es hunt or hawk,
without being pinioned of s 6* plough of lend in
heritage:* The Sheriff, in respect that the De-
fender bed beta guilty of • contravention of the
Outline, Gaol hits liable in the penalties threo(,
awl in expense%

This judgment laving been brought before the
Surmise Court, by adrocatian, wa► affirmed by
Lord Armadale, as Ordinary.
Whea the Lord Ordinary's interlocutor was
brosight order the consideration of the other Judges,
it was pleaded for Mr. Wight-14, that the Act of
1611 is now obsolete, and that it never was intend-
ed to apply to shooting ; and, dilly, that, if it should
se apply, hr was a qualified person, as holding a
perpetual lease of his firm. He maintained, that,
as his lease was renewable from 19 to 19 years, for
ever, it was the was ea the absolute property, and
there was no allNcfroset betwixt such a lease veil a
felt and sr the latter uudnubtrilh• of a quali-
fication to kill game, the former should also hive
the mum elect.

o.i the part of the Earl it was answered, that
the ant point had been laid at rest by the decision
sr the second Chamber, in the ease of Trotter
'Wiest M'Ewan, (July t, 18090 where it was found
that the Act, 16,11, was stall a subsisting statute,

that, node r the term hillaing, this Act most be
understood to comprehend *Ay:wiser. As to the se-
ciltid point, it was contended, that, according to the
Defender's own admission, he was merely a resume;

mid, as DO two word* hays wore distinct formally
thee !vitor and tersamf, it was evidently contrary,
both to the common understanding or the coon-
-o,.aisel to the spirit and terins of the statute, that
Dmfraijar should describe his !nee as heritage,

• the effect taladronling him a qualification to kill
r.; and the duraboo of the Defeader's lease
could make no difference on the case ; however
long die Inoe, he was only a resale, and his right
ild only extend to the host* of the ground. lie
dal sot prevent the landlord from Claiming any
its or minerals %%Inch might he discovered on
farm: rad, as the latter wm entitled to vole s.
reeholder and commissioner of supply, in respect
the property, he alone was the heritor in the eye
the law. The right of a fetter, on the coil-
ley. is a feudal right of property, and entitles him
only to the friths, but to the substance of the
4.
The Court unanimously adhered to the toted*.
itor of the •Lord Ordinary.
It is thus settled, that oo teoant, whatever may

tbs ends saes of his lease, is entitled to be col;

t*red is a qoalilled person. so as to shoot gam.,
even as his owo faro, without the perinislion of Ins

As naltnowa Correspondent informs us, that the
of the late Dr. AII.III[IOIDER GRAY, of the
mast India Company's service, whcrehy nearly
',tonal. was bequeathed to the town of Elgin, for
parpoee of erecting an Hospital arid Church,
Ind granting aasiesities, of shout 101. each, to the
maids of that town, has, I,y a receat decision in
,d Muster of the Rolls' Court, been declared valid.
The whole gull, therefore, go for the above laurpows,
the prejudice of the. testatot's i.;%ter. Mr.. W it.-
Aisne's', and her family, *Smiled joined wish the
:elevators in trying the validity of the Doctor'.
ral, marathon to this &alum of Mortssaiu. -

Icatiois to kill Ouse, the
the *woe elect.
Os the part of the E
the lest point had been I
of this second Chamber,
M'Ewan, (July t,
that the Act, 1641, was
and that, under the term
nuderstoed to comprebes
rood point, it was contery
Defender's own admissio
cod, as so two words ha
then kriro► end tersont,
both to the common oil
teyrdied to the spirit and
the Defeador should des
to the effect daunting
r.; end MI &ratios
could make no eltlferrn
long the lease. he ass oi
could only extend to the
could not prevent the lei
twines or minerals which
the Win: sued, as the
a freeholder anal commie
of the property, he elms.
of the law. The right
trary. is a fends, right of
lint only to the (rafts, b
soil.
The Court unaninsoui
cuter of the •Lord Ordin
It is thus settled. the
be the endurance of his
skived is a qoalilled pee
even on his own farm, w
An noknowo Correspr
will of the late Dr. A
East India Company's
no,unril. wee bequeathed
the purpose of rree•ting
and grollitlpg siiibilitiel,
old maids of th ot Germ,
the Mister of the Rolls
The whole will, tberefon
to the p►ejudice of the t
Llama., end her fsmil
executors in trying th
will, accenting to this SI