times upwards of two hundred in a day, and he is always happy to afford his guests this amusement, which at all events has the merit of novelty to the English sportsman.

For the benefit of the angler who may perchance feel it necessary to recruit his strength in the course of a long day's fishing, I may observe, that every where in the Ardennes, in the meanest hamlets, he will find a cabaret, distinguished by the bush suspended above the door, where he will get rye bread, excellent butter, and fresh eggs, which, washed down with a glass of pecqué (a sort of cross between gin and whiskey) makes no contemptible luncheon for a hungry man. The rye bread being rather bitter and unpalatable to those unaccustomed to it, it may not be amiss for the traveller to take with him a supply of biscuits, and if he likes a cup of tea, he should also provide himself with that, as it is not to be procured in the country.

The most killing flies for the Ardennes rivers I have generally found to be those of sober colours-grey or brown. Black, red, and greyish palmers are also good, with the different varieties of mayflies in their season. There is an imitation of a brown mayfly made by Bowness of London, which he calls the "kingdom." This is an excellent fly, but it should be made a size smaller than those used in the English waters. Every angler knows well that his sport depends almost entirely upon the weather; and should it be clear and bright, and the rivers low, he cannot expect to be very successful; but even in that case, I think there are few who will feel disappointment in wandering among the secluded valleys, or roaming through the noble forests of the Ardennes. C.

THE GAME LAWS.

TRESPASSES.-WHAT ACTS CONSTITUTE A TRESPASS.-THE REMEDIES AGAINST AND MEANS OF REMOVING TRESPASSERS PERMITTED BY LAW INDEPENDENTLY OF THE GAME ACT.

EVERY unauthorised intrusion upon land, even though attributable to mere inadvertence or a mistake* arising from the absence of any visible boundary, is in point of law a trespass, and renders the person committing it civilly responsible. The owner of land is under no legal obligation to set up fences or any indications of the division between his property and that of his neighbour, in order to protect his property against interruption, for notwithstanding there may not be any actual demarcation an ideal line exists in the contemplation of law which must not be transgressed. The most open and exposed spot, therefore,

*Com. Dig. Tit. Trespass, C. 1.

is to be respected equally with the most enclosed, and hence in an action which was brought against a person for trespassing upon a waste, the court refused to entertain an objection urged by the defendant, that it was not a kind of property so strictly sacred from a trespass as inclosed land within the manor.

There are various modes by which a person may commit a trespass upon the soil of another without going upon it in person, or even being present at the time of its commission; thus if he goes out sporting with his friends and points out to them where there is game, on land where he has no right, though he remains off it while they go on, he becomes a trespasser, and in an action brought against Mr. Grantley Berkeley § Lord Tenterden thus laid down the law. "If a gentleman sends out his hounds and his servants, and invites other gentlemen to hunt with him, although he does not himself go on the lands of another, but those gentlemen do, he is answerable for the trespass that they commit in so doing, unless he distinctly desires them not to go on those lands, and if (as in the present case) he does not so desire them, I think he is answerable, in point of law, for the damage that they may do." Any thing also which amounts to a direction or authority to a servant or other person to trespass will render the party liable, though merely saying, "I will permit you," or "You may go if you like," would not. “If I give a man leave," says Mr. Baron Alderson, "to go upon a field over which I have no right, and he goes, that will not make me a trespasser, but if I desire him to go and do it, and then he does it, that is a doing of it by my authority which is quite a different thing, and I should be liable." Neither will a mere subsequent assent, as was the case under the forest law, or receipt of the thing taken¶ suffice, for by the common law," he that receiveth a trespasser, and agreeth to a trespass after it be done, is no trespasser, unless the trespass was done to his use, or for his benefit, and then his agreement subsequent amounteth to a commandment,"** To place anything upon the close of another, as for example-to stand without it, and hang a net on the hedge, or set a wire upon it, is also a trespass, and it may even be committed without the corporeal entry of any person. Thus to fire a gun so that the shot will necessarily touch the soil even in falling, or will strike the trees, is a trespass,†† and although a person is excused from any trespass committed by his dogs against his will, the nature of dogs being such that they cannot be ruled suddenly, yet if he

* Addington's Penal Statutes, Add. 355. Hill v. Walker, Peake's Add. cases 234.

§ Baker v.

Berkeley, 3 Car. and P. 32.

|| Robinson v. Vaughton, 8 Car. and P. 252. Wilson v. Barker 4 B. and Ad. 614.

** Coke 4 Inst. 317.

tt Pickering v. Budd 4 Camp. 219.

encourages or permits them to go upon the land of another, or even if he does not use his best exertions to restrain and to recal them, he becomes responsible.* Persons, therefore, passing along footpaths are bound to keep their dogs from ranging, since that can be done with moderate trouble, except in some few extraordinary instances.+

The remedies provided by the common law for these aggressions are by action, and in some cases by indictment. In order to sustain the former it is not necessary that any previous notice should have been given, or that any damage in fact should be proved to have been sustained, the law necessarily implies the existence of some damage, since the very title of the owner to his estate may be impaired by such acts. A person who enters in company with others will be responsible for the entire amount of the damage done by them, so long as they are acting together, and of that amount the jury are the arbiters. They may take all the circumstances into their consideration, including the fact of notice having been previously given, and the courts will not readily interfere with their decision; in one instance where they had awarded five hundred pounds against a person who had shot game under circumstances of great aggravation to the owner, a new trial on the ground that the damages were excessive was refused.‡

With respect to actions of trespass there is one most important point which we must not pass over, to wit, the costs, as they generally bear a somewhat greater proportion to the damages, than Falstaff's sack bore to his bread. In order to prevent frivolous actions, the legislature has lately provided§ that if the plaintiff does not recover more than forty shillings, as damages, he shall not be entitled to his costs, unless the judge, who tries the cause, shall immediately afterwards certify on the record that the action was really brought to try a right, besides the claim to mere damages, or that the trespass was wilful and malicious. To this general rule, a further qualification is appended, that this enactment shall not deprive the plaintiff of costs in any action for trespasses to any lands, commons, wastes, closes, woods, plantations, or enclosures, with respect to which a notice not to trespass shall have been previously served by, or on behalf of the owner or occupier, upon the defendant, or left at his last reputed or known place of abode. An indictment might also be maintained against persons committing a trespass, if they went in a body, consisting of three persons at least, A conspiracy by a number of parties, to commit a trespass in pursuit of game, it would appear, was not before the recent statute a penal matter, on the ground that such a trespass was a mere private injury, but since

* Millen v. Fandrye Poph. 161. Beckwith v. Shordike 4 Burr. 2092.

+ Jordin v. Crump. 8 M. and W. 782.

Merest v. Harvey, 5 Taunt, 442.

§ 3 and 4 Vic. c. 24.

*

it is now regarded by the recent statute as a public wrong, that decision could hardly be supported. For a simple trespass on land in pursuit of game, no criminal proceeding could be resorted to, either before a jury or a magistrate, neither could the owner of the land, in any case, imprison or arrest the person committing it. The law only armed him with a power to remove the intruder from his land, if he refused to depart when requested, but not to detain him. It also permitted, and still permits, a man to protect his property in the first place from incursion by all reasonable means, and therefore, to use the language of Lord Wynford, "The prevention of intrusion upon property is a right, and every proprietor is allowed to use the force that is absolutely necessary to vindicate it. If he uses more force than is absolutely necessary, he renders himself responsible for all the consequences of the excess. Thus, if a man comes on my land, I cannot lay hands on him to remove him, until I have desired him to go off. If he will not depart on request, I cannot proceed to beat him, but must endeavour to push him off. If he is too powerful for me, I cannot use a dangerous weapon, but must first call in aid other assistance."+ If, however, the trespasser, in the first instance, attempted to enter by force, a request to depart may be dispensed with, and forcible resistance offered to him in the first instance, so long as it is not excessive.t

THE HORSE AND THE HOUND.

BY NIMROD.

Black and Co., Edinburgh.

"A HORSE! a horse! my kingdom for a horse!" Prolific is the word horse! "The Horse, in all his varieties," by John Lawrence, “The Horse," by the Society for the confusion of Useful Knowledge," " Adventures of a Jack-ass in search of a Horse,' ""Treatise on the Horse," by Richard Lawrence, "Nimrod on the Condition of the Horse," "Percival on the Lameness of the Horse," "Stewart's Hints to the Purchaser of a Horse," "The Horse and the Dog," by John Scott, and now the Horse and the Hound," by Nimrod. Like the parson's grace to the oft repeated rabbit dinner.

"For rabbits hot, rabbits cold,

Rabbits young, rabbits old,

Rabbits tender, rabbits tough,

We thank the Lord we've had enough."

The work before us is a comprehensive sweep of all that Nimrod

* Green v. Bartram, 4 Cat. and P. 308.

+ Scott v. Wilkes, 3 B. and A. 317.

Weaver v. Bush, 8 T. R. 78.

has ever read, or written, or heard, or thought, on this very fruitful subject-of much useful matter, with a great deal of mere filling up.

Chapter I., contains a treatise on the valuable properties of the horse,―properties that no one disputes—and then the author gives us the reasons for the use of the horse being prescribed to the Israelites, (we see D'Israeli on one every day,) interspersed with Greek and Latin quotations-then he discourses on the difficulty of determining what country we are indebted to for our native horse, and winds up with an essay on the superiority of the British breed.

Chapter II. is devoted to the Race Horse, of which Nimrod knows little, and he concludes it by a fling at John Lawrence, who he thinks knows less-our author is not at home on the Turf.

In Chapter III. he gets more at home. It is headed “The Hunter,” and is illustrated with a portrait of a grey horse, called “ Chance," the property of "Howland Errington, Esq." a gentleman we do not remember to have heard of before. In this chapter, Nimrod amusingly quotes Nimrod-" In a work, says he, called Nimrod on the Condition of Hunters,' is the following passage, &c."-surely the work of revision should have been adopted here. Under this head of "The Hunter," we have some of the best matter in the book.

We cannot say we admire Mr. Cooper's portrait of "The Hackney,' which follows. "A Cob" would have been a better title to the plate. "A cob fit to carry a castle" as we sometimes see philanthropically advertised in the papers.-Stable management of course holds a prominent place in the work-summering the hunter in particular. Of the summering, little need be said, Nimrod having repeated the same ،، The opinion so often as to render the indoor plan familiar to all. cold water cure" seems to have found its way into stables, as at p. 213, we find three or four applications per diem recommended to the legs.

We now trot past the chapter on race riding, and arrive at one in the undoubted province of Nimrod-" the hound." Here Nimrod is at home, and discourses learnedly and well on symmetry, size, distemper, kennel management, colour, the tongue or cry of hounds, age, separation of sexes, naming of hounds, and the value of a pack, making Lord Suffield however give four thousand guineas for Mr. Ralph Lambton's, being a cool thousand more than the fact.

The rest is chiefly compilation, some from Beckford, some from Col. Cook, some from Nimrod, some from a Mr. Hawkes (magnified into an authority), some from other writers in this Magazine, some from Davis's Hunters' Annual, some from the Oxford Journal, some from the venerable" Gentleman's Recreation," some from Mr. Daniel's Rural Sports, some from Mr. Chafin's anecdotes respecting Cranbourne Chase; and the whole is wound up with a long essay on the law of warranty, a thing which nobody knows anything about.

On the whole we do not think this work worth resuscitation.