The Statesman.
London, England, 1812-12-24 00:00:00

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many sportsmen, because they afford the means of a
monopoly in the manoriords, who preserve theft
own estates, .and beat up those of their neiglihners.,,
in many districts the farmers have almost exter-
minated the game, by destioyiag pheasants and.
partridgestests, and young hares. This is the case'
in greet parts .of Berkshire, ierrey,
.Ilcrts,
and arises from malice at not being alloWed to kill,
them themselves, for the partridge does them ne.
harm. The most destructive animal is the rabbit—
it is formidable,- both by its means of subterranean
concealment, by which itevades its:enemies, and by
its wonderful fecundity. It was.once so numerous
in the island of Minorca," that it got quite the upper
hand of all the other inhabitants of the island, brutal
is well as tinman. BUsching, in his Geography,
under erticle " Minorca, Vol. VI. p. 2.7 t, of the
Lausanne Edition, says, •" Les lapins y etaient au-
irefois si grand noinlire qua ler, kabilans tkman-
derenr tits seevies de troupes. a Auguste centre deli!:
cnncmis°." This fact, or an tinny being required
to subdtre the Rablait Nation in Minorca, is well
'attested by Pliny, lib. sill. c. 55, end also by Strafs,
lib. iii. It is also mentioned in Ward's Natural His-
tory, who,sayss that the produce that Is single pair
of rabbits are capable of producing in four years,
may be,estitmeed at, one million izro hundred seventy-
four theasand eight huhdreil and forty. Now this
is a most formidable- enemy to the farmer; and
haw dots the Legislature. ptoteet him against it ?
—L.-Instep/L.o' f sending to his .amistoitee -regi-
ments of. isolates, as Augustus did „to the -Mi--
norkese, it 'ideally diearins. him ; for, ,if -the, far,.
met is providc4 'With a dog mid e gun, it forbids-him,
to useteth together, unless •inaeolt to lie what i
calleira qualified man;-. which feW fiteeit6- by pro'
fession are,- mid if he should be qualtfietireben must-
'be also have a game certificate. But .ft the ;loon
farmer kills '4.rabbit with dog and guns Unqualified'.
and uncertificated, he is liable to the penalty of the
Game Laws. What then an he do ? Why, he may
kill a rabbit with a gun without' a 'dog,' or with a,
log without a gun; but both together he dare not
use. Never will oar farmers subdue a whole host of
devastators in this Way.. Xt.ls like permitting a man
to defend himself again 4 a gigantic enemy with one
hand onlyt *when Nature has given him two. It is
not unlike telling him; " You shall -fight your foe
-with your 'right hand, whilst I tie op your left ;
or, vice versa, with your left hand, your right being
hound up, butboth you shall not have the use of. And
what chance can any man have of subduing a
whole nation of enemies, a nation against which
the great Augnstus.Ciesar waged war with his con-
quoting legions, thus manacled and deprived of half
hit strength?—There does-nut exist a single rustic
that has not sense to perceive, that this is not al-
lowing the poor farmer what is commonly called fair
play. ,
It is a very extraordinary, circumstance, that the
ancient law of England, which the Norman Kings
swore to maintain, was exactly similar, with regard
to game, to the modern French Institutions. The
Normans broke their oath to make the Forest Laws,
which always have been. deemed, tyrannical,
charters were procured for the purpose of counter-
acting them. Thus did our ancestors vindicate what
they considered as freedom, in regard to the chace.
And Ma ckstone says, the Game. Laws ar:• a bastard
slip from the Forest- Lewes 'or • that despotism exer-
cised over the sports of the field,. te finely described.
by Pope, whereby both man and beast (as he
says)—

GAME Ldit'S.
"Man yawn on TIM ACIRICOLTORIS Or °MI COMMIT.
BENJAMIN s.faet,Wooo's CASE.
Mr. Stanwood declares, that he lately occupied
the farin called Beating, in the parish of Great Mar.
le* and county of 'Bucks; that he retided there up-
ward; of 20 years ; end that he quitted the said farm
at .Islichaelmas, 1811, entirely ,on account of the
losses_ he sustained from the devastation of his
crops .by game and Tablets, harboured in a wood
contiguous, called the Moor-wood, belonging to
Sir William Clayton, Bart. Farther he declares,
that befOre the said wood was converted •by the
owner into a preserve, he was in a thriving
and dull no men was then more happy and contented
than himself, his farm having been very reasonably
let, and. his landlord very kind and indulgent—.
This eticou:sgement excited his industry ; and he
thinks he ought not to be -ashatted to say, that
among all his neighbours he has generally borne
the character of an active and industrious husband-
man.
,Ile has had the satisfaction to rear a family
of fite children in habits of industry likewise; and
big daily comfort was, that notwithstanding, the
pressure of the times, he was in the way of accu-
mulating the means of setting them out wellia the
wesl4 This was Isis situation when the Moor-
w(siejosas converted into a preserve; after which,
prospects ,iii lie underwent a sad change.-
119, crops were now devoured and laid waste by
the eafmals baloneing to that preserve, both game
a udirabbits : the tatter were in sucb abundance, that
they ate ttie stound next the preserve as bare as if it
bad been' pestered:with ft s.k .of sheep; so that
the re • was nothing there eiduir to reap or to.rnow.—
lt is est the nature of these apjmals to destroy even
snore than they eat, cropping:the heads of unripe
corn; and tearing them on the grona. His crops of
ssitent were not only much triaged •in winter and
spring, but also often treated in this way just before
harvest; by *hick means, the loss was so treat, that
sometimes he has Dot had again the seed he sowed.—
A field, called the Fourteen Acres, then in wheat,
was savaged so- much one season, that at harvest
there'was not quite the seed that was sown on it,
leaving him, the said B. Stanwood, an entire loser
of the rent, times; and expences of cultivation, on
the said fourteen acres of land, which cannot, ou the.
very lowest estimation, be set at less than from 701.
to 801.; ors which same field, nevertheless, there
grew a crop of wheat this year (having been well
protected) that has been appraised at half a load to
an acre by Mr. Stall wood himself, on the part of the
landlord, and Mr. Edward Sawyer, of Bocmer, on
that of the tenant. Ile also declares, that in
that sane year, he verily believes the hares and rab-
bits ate and destroyed as much as 20 quarters of bar-
ley us a field of ten acres, being, according to his
computation, as well as that of his barnmen, about
half the crop. With respect to the extent of his
lossei by the above means, daring the four years
previous to his quitting the farm, he says, that not
having kept a regular account, he cannot exactly
Slay, but he thinks they cannot have been much short
of 4001. This, however, he is confident of, that he
can, with a safe conscience, swear to their having
been above 3001. He further says, that, he did not
dare to make a free use of his gun for the protection
of his property against the rabbits, because the
keepers were always very angry and abusive when-
ever they saw him carry a gun, and because he nes
very apprehensive that they ywould swear he killed
game when he only shot at rabbits; for which rea.
sons, he dill not think it safe to use his gun, except
only when he could have a witness along with him to
prove, in case of necessity, what it was he fired at ;
and that, in these apprehensions he is not singular,
for it is a general outcry among the farmers in the
neighbourhood that they dare not use their guns for
lawful purpo'es on account of the game-keepers.
• Mr. Stanwood declares, that he bore all these hard-
ships as long as he was able; but-perceiving they were
without end or mitigation, and that the real object of
the keepers was, that he should cultivate the land,
and paya•ent and taxes, for them atone to reap the
profit, he grew quite_dispirited; and unable to con-
tend with those
,difficulties. Ile therefore wrote to
'his landlord, then residing in Devonshire, and who
had net seen the farm for several years giving au
account of the dreadful meaner in whith it was re.
'waged, sayiug, that unless be was allowed to'quit the
farm (which was now become a certain yearly loss
to him), he would undoebtedly be ruined before the
expiration of the term. Upon which, his landlord
consented that lie should quit that farm at Michael-
• mas, 1811, and continue to had the other, farm, on
which he now lives in the same parish, hut, fortis-,
'mately, at a considerable distance from any of the
preserves belonging to the Lord of the Manor of Great
Marlow. Mr. Stanwood also says, that the thing
which hurt him Nest was to see, that whilst he was:i
losing money,' tliti keepers of`the Moor.wood
.ware
accululating it. One of these men, named William
_House, who was bit a poor labouring man when the
Moor-wood was first made a preserve, gained so
much money by the sale of rabbits, that in one.
year he saved a hundred ponedi,which he pat oats,
interest, as he, Mr. Stanwood, -bath been credibly'
inform,,-,• and believes to be true. He farther sayss,
that, . in order to comply with the wished of his land.
lord, though with little expectation of success on Ms
A few days ago a person was arrested in Clonmel,
part, he waited upon Sir William Clayton, and in-
who acknowledged himself to have been concerned
formed him of his great losses; hoping that he would
in a very atrocious murder, which was perpetrated
make him some compensation for the same • but that
Gentleman only laughed, and turned his back upon on a .young. woman, near Toryshill, . five miles,
him. After which, lie was accosted by a person from Waterford, in the mend), of Kilkenny, on I
named Joseph Webb, who rents, a farm *longing the 24th of June tett, the particular* of which
to the said Sir William, at Widmore, end is also his we communicated at the time- The Kama of the
game-keeper there. 'I his man, design no doubt, person takbe is diNirtord,' he is not nineteen rears
to please his more.
treated Mr. Stntlwood with ex- old, and is from the neighbourhood where the foul
treme brutality, and told him to go to Devonshire, deed was Calaalitted` It arill• be recollected that
. and get a trifle tram his landlord. In short, Mr. the body and head of the. female were disc rayed.
Stalktoed declares, that it hurt his feelings very in separate places by a boy, and, that an active, lee
much, after having been so grand s loser, to be vestigation having taken place, it appearedlhaf,
tag
pit like a common beggar, and, instead of be-1 wart/Abed of a pound note and a ten:penny.
pitied and redressed, to be made game of, and and the strongest suspicious of guilt were attae
srosely instdted by this brutal game-keeper. to Aylward, who immediately tied; end a
ru witiEss of the truth of all the particularthere considerable rewinds were peered, -be dadamei
• I
itelattil, I bare set my hand to this papers_ dated atl effort which was made for his apprltontlin. Ito
Old House Farm, October 10, hill.' • • has, we understand, confessed that be I* Prise"
B 1 STALLWOOD.
' 'at the murder, bat denied that he committedit, and
• charged its perpetration on Mtn nitinidiVeniffell•
bsttslltAL SIEXASSIS, NOW FIRST POOLlintn. who 41st al been :tAre, and they are bath eon;
Tie Game Laws- ere eonSidered it Ir eery great wkly 1 .11 Kilkenny gikeLpt. steuitilkir 4,041,41 t
grievance by farmers iu general, and even by a greats the nest s. '

--" For sportive tamnt bled,
But while the subject starsid, the bettet wit= fed."
* The rabbits here were (orator's it, such great numbers,
that the inhubitant: petiti.mml Angindu4 to stud moue of his
troops to bUCCUIIf thPiti g .o.te encluipc,

--

LAW

for theYlaiti.
Viols this ihe[Sot.fctror:-(.ENhalii,
tiff, submitted to he non-suited.
111.141Crir AND OTHERS V. lIIIRIEIGn. •
This was action,ttakotterresc,o ovefr t,ht. broughtne abmuroc uhht.):.:,/toelfe. :a: r.asc,4.lal
vcii
usa
ten
due' for
aD"..t•ifet(aloa.tibt,"
tOOl.
It appeared, from the evid,utee for the plaintiff
that a Mr. Cristie, a customer of their house, nnj
given his cheque upon Om to the D:fendant, for
'LOOT. but, from some particular: circumstances, ~i,t
and instructions were girct, to theliutCatpilile:eitflt
tint wish it to be paid, awl therefore directed HI
Plaintiffs, when it should be presented f(4 payment,
to say, that they had tin efforts; hut it tuns subtle;
queutly agrecd by the Flaintitfs, that they should
say', it was not to be paid by orders of the tlntm.e
all'(.lh.llitie..
effect. The cheque being presented for ptivtutmt
was accordingly refused, and the nods " not to 1):
[ paid by orders of the drawer,u"n written
torn of it. Upon a subseqoent day the sa.na
cheque was again presented foeptiyment, but in ti,,
interim, the words which had been so writt:2:l were
cut off, and one of the Clerks,
[ circumstance, paid it. In order to briqg the tearer,
[ action home to the knowledge of the D.len:l.mt,
'it was proved that the cheque was paid t„ 0,,,,
il
pßaaindki
„o:
of
tth:englimanitikfonrtohttheees,fDstonrfalin.litnwcl:oibcnyhtent[7:•paedsp,az::::ii:
dant, in payment of a bill of exchange for a third
!sperson..
Iheltrler.wla'
swineollltt(C; of fraud ou the part of his Uieut,
who, at the time he received this cheque from
Cristie, was his (Castile's) creditor to the IIII10:12i or
i 2,681. and, therefore, was'Well entitled iti the im.
i meet of it. Neither was there any etkletice to
prove that the Defendant was the persotrwho ore-
anted' the cheque for payment, or that he received
the amount, the:fart being, that he had paid it away
to another person. H., therefore,attributed the a ha.e
cause to the inattention and negligence. At the But:,
, .
in paving the cheque contrary to orders, and for
i which Mr. Ciistie had-already obtained a venliit
against them, in an action in the Court of Common
Pleas, front
[whence alone the present action aruie.
! i
therefore,cvqutel: a totrheha*Ded fe'it aTnhte rhea bde ienvge
rn o
presented
, the
known what was written on it, he was entitled to a
1 verdict-but he called no witnesses.
Lord ELLErraoftonorr, however, thought the Be.r
(evident should have gone further, and shown what
Ihe had received for the cheque, and what he limb
' done with it when It Came bark from. the Bank with
their words written on it. Hi knew i•ite'aitiiier that
was given, and the Bankers had done alt they could.
Verdict for the Plaintiff—titae.. : ..
—.........

COURT or tomiiilN
ItO&LILTS, SPAR 11; AND 04iisat v.. SMltli AND

OTHERS.

This Wl9
.tin action to. recover 13,3001. the value
of irship rimmed the Invention, which was lota awl
on which Defendants had edected policies Of in.
seeenc.e. . s •
Prom the testimony addtSeed on both'sldes, it Sp-
, peered that the property of the vessel in' question
was ()fiscally vested in • two brothers, of the name
-of Jacobbk and in the Plaints s, Sparrow, :Waits,
and Plowman. , The., vessel having. gone teo
1 voyages, however, the latter ...f. which 'was' very
I unsuccessful, Messrs. Sparrow,. Roberts, and Plow-
, !Ran; signified their intent Ton to :relinquish tittle
i share in the teasel 9 and to have- nothing farther to
de with her. .Under these circumstances.' the ~siiip
' became the sole property .of the two brothers
(Jacebbs), and they proceeded to obtain a fieight-
, age for the River Plate, in South America, which
they readily procured. 'they afterwards applied to
the present Defendants, with whom.they made as in.
etiolate, 'te the amount of the value of tha. vessel.
The vessel having been lust, they, of course, became
Ventitled to the amount to which they had 'etlieted
I policies with Defendants. Pending these einem-
istances, howeVee, they (the Jac.obbs) became leek-
rupts, and an applicatiowbeittg made to the Defoe
1 dents for the amount of the loss sustained he the de-
struction of the lnventiess, liefeadaets produced a
set off, by which it appeared thet the bankrupts
were indebted to them in the full sum demanded.—
This being the casee• Messrs. Spam*, Plowman,
and Roberts, made aeplicatien in their own right, as
/part owners of .the ship Lost, end insisted upon be-
ing paid the sum, to which tiler asserted they were,
under that cireenstance,,entitW, alleging that they
had never made a Written cref&rnial• renutirlation of
their interest in the vessel. Defendaeli, hewever,
theefeling thet this had nly ter the iusuraoreva
credit of Messrs.o JacOtibs, fused to comply
with their demand, and hence the present action
_..:Vose! ... ' .
.. .. ,
' -;.sll'. Wei**. GlBall, 111 :talirptlif Cif tire eivraence,
Rated it to be Ms o; inloti, that as the evidence had
proved the.relioquisienettl of_ tilt twereet in theta,.
eel on the emit of 'PlaintlifS;', 'and ;as .it did not
appear that ti.,e flefentleattied eyerJoakedio them
i for the premium, that till ;,Ote, !rt. liianta A° a
verdict. • • .. . ...
..
His Lordship hoeing 'Pies delivered Mk' ;pillion,
the Plaintiffs' agreed to be tionsuited, which they ci.-
fonlingly were. • -
'====7=l== . . ...
~,. . .41 h. roaeht
F. Mr. IIIKNAIRD, District Surveyor, te„...n _
a complaint yesterday before the Magistrate's at
Ma ti tiorough-st reet. against Mr. 'SCA Net sereetiten
in Lincoln's Inn-lieids;7bat 'the two sitting' %Nis'
;rates differing in opinion, nojinignsent Was had..
"-- • On Satitnlay morning a •Gorlistone yawl, olds
eight men, went out to some of the-ships in YJr•
mouth roads, .and in returning for the pier, ender.
(unatelv- upset; by which melancholy. circunistaere
they all met a watery grave, evert, one than, *IT
reached the shore.. One of their compsnioni stand.
hie on the pier threw 'them a repe; and b:ing en-
' tangled eitis it, f -II from` off the. pier, and stas
;drowned-. They have ill left fattiilies. -
soeteet t 4CIiS. •
Suit'.
MILLEres Wharf. iirriiNd. A•&I'.
Trusty tliallanra3ll..Leitio, •I 39 , 14, •"' 5, A. It.
Sprightly (Suthcrlaatl), il.o. j 0 j tal -• ~. ~.
.
: .11E44- WATKR .AT 1.0\10)04 BR MOH TIM 9 D%ll, r
• lidrell*, DO inrneve 'after It; i _Evening: 10:osipestee aft: r J.

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