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TENTANT-RIGHT IN GAME. ia*

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TENTANT-RIGHT IN GAME. ia* At the Welshpool (Montgomeryshire) Couvty Court last week an action wtis brought before Mr Homersham Cox, the judge, by John Higgins, the tenant of a farm under the Earl of Powis, to recove-, .£10 from John Edwards and Thomas Jones, the one a night watcher and the other a gamekeeper in the service of the Earl of Powis, fur having pntered upon his land, assaulting him, and takirg from hiin a hare and ether aticlea, Ins property, on February 16th. Mr Mav,rice.Tone^, who appeared for the piam- ti £ E, in opening the case, said he thought it would be sufficient to say that a tenant under t:;<; Ground Game Act of 1880 had an inseparable or c'neurrcnt light of taking g'ound game on the land he occupied, unless the land'or-i could that there were circumstances excluding him from t'ie beriefit of the act. Evidence on both sides having been heard, Mr Edward Powell, for the defence, contended that under the Ground Game Act the occupier was not entitled to the l eneSt of the act until the determi: a tion of any contract or lease by which such right waa vested in any othti than the occupitr. A tenancy from year to year, as that one or it will might, however, be terminable as if notice were given at thepassicg of that act. Mr Powell contended that as the act passed on Sept mber 7th, 1883, the tenancy could not terminate until the Lady-day after September, 1831. The court would agree that the Gound Game Act did not apply. TiKthe absence of an agreement as to the t»ame, Mr Powell coDteudei that the conduct o? the plaintiff proved that he did not consider him- self entitled to the game. Having been a tenant on the estate for fifteen years, he had not, until the passing of the Ground Game Act, exercised the right he then set up to the game, His honour, in giving judgment, said the case was perfectly clear. The defendants had no more right than he had to take the hare, and it WAS time that gamekeepers throughout, England should know that they were not to take the law into their own hands. He had decided iu Yorkshire, in Lincolnshire, and all over Eghud, that a game- keeper should rot take the property of another, but if they chose they might prosecute. As loiig as he sat as a judge he would do all he could to discourage gamekeepers from taking the law into their own hands. He had no sympathy with poachers, but the bloodshed and ill will that existed in this country arose mainly from game- keepers taking the 1 iw into their own hands. In- stead of prosecutiug the plaintiff, the defendants struggled with him, and it was not denied that the assault took place. There was no evidence of the game beii»g reserv d. The man took the farm, and not a word was said about game. The fact that he had not taken the game all the time he had been there only amo ft -ed to a neglect of the exercise of his rigiit. Even supposing he had no right to the game, the defendants should have brought an action against him, and not, as thoy did, have taken the hare from him by force. Judgment would be for the full amount, with costs.

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