Page:Halsbury Laws of England v1 1907.pdf/504

 — Agriculture.

282 Sect.

5.

Dogs.

Sheep dogs.

Any person who knowingly and without reasonable excuse permits the carcase of any head of cattle belonging to him to remain unburied in a field or other place to which dogs can gain access is liable on summary conviction to a penalty not exceeding 40s. (n). Where dogs are kept and used solely for tending sheep or on a farm, or in the exercise of the calling or occupation of a shepherd, exemption from duty may be obtained by the owners of such dogs from the Commissioners of Inland Kevenue by the certificate of such Commissioners issued with the previous sanction of a petty sessional court. Two dogs may be exempted in ordinary cases but if the sheep are fed on common or uninclosed land so that more than two dogs are required to tend them, three dogs may be exempted where there are more than 400 sheep four, where more than 1,000 and an extra dog for every 500 sheep above 1,000 but not more than eight dogs may be exempted on any one farm (o). Sect. 6. Emblements. 617.

cattle









Definition.

The right to " emblements " is a right given to one who has 618. an estate of uncertain duration, which is unexpectedly determined without any fault on his part, to take the crops growing upon the

when his estate determined. Emblements extend only to such produce as grows by the industry and manurance of man, and to one crop only of that

land

and are confined to a crop of that species only which ordinarily repays the labour by which it is produced within the year in which that labour is bestowed (20- Hops, however, fall within the doctrine of emblements {q).

produce

Eight of entry.

Contract to give

up

emblements.

No

right to

emblements on forfeiture etc.



A

person entitled to emblements, or his grantee or assignee, upon the land and to cut and carry them away after the estate has determined (7'). A contract by a tenant to give up to the landlord or his successor his emblements or way-going crops at a valuation is not a sale of an interest in land (s). If the estate of the tenant, although of uncertain duration, be determined by his own fault or his own act, as by forfeiture for waste or breach of covenant or condition, or by marriage of a female tenant holding during widowhood, or by resignation of a benefice, no right to emblements arises {t) nor where a tenancy at will is determined by the tenant {u). 619.

is

entitled to enter



{n)

Dogs Act, 1906

(0) Ihid., c.

s.

15), s. 22.

(pp.

(6

Edw.

7, c. 32), s. 6.

.

5 (1) ; Customs and Inland Eevenue Act, 1878 (41 & 42 Yict. See also title Animals, _pos^, where the whole subject is dealt with

403—405).

Graves v. Weld (1833), 5 B. (1868), L. E. 4 C. P. 91. {][>)

&

Ad. 105; Co.

Litt. 55

b; Haines

v.

Welch

Latham

v. Atiuood (1636), Cro. Car. 515. Shep. Touch. Vol. II. 244 2 Bl. Com. 123 ; and see Haylimj v. Ohey (1853), 8 Ex. 531 Kingshury v. Collins (1827), 4 Bing. 202. (s) Hallen v. Iluvder (1834), 1 C. M. & E. 266, per Parke, B., citing Mayfield V. Wadsley (1824), 3 B. & C. 357. {t) Com. Dig. tit. " Biens," G. 2 Bidiver v. Buhver (1819), 2 B. & Aid. 470 Olund's Case (1602), 5 Eep. 116 a Nicholas v. Simonds (1625), 2 EoU. Eep. 468. {q)

(r)











{it)

Litt.

s.

68, cited in

Kingsbury

v. Collins, supra, at p. 207.