Page:Halsbury Laws of England v1 1907.pdf/506

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8.

Malicious

Damage. Gathering mushrooms.

imprisoned or fined any sum not exceeding £5. A "right of herbage " enjoyed by freemen of a borough over a moor is not " real within the meaning of the above provision (o) property It is no offence to gather mushrooms growing spontaneously and uncultivated in a field, no damage being done to the grass or fences {p). But a trespasser upon a pasture field thereby doing injury to the grass to the extent only of a few pence may be guilty of an offence, and punishable by imprisonment or fine {q). '

'

Sect.

Meadow

.

Agriculture.

284 Sect.

.

land.

9.

Meadoiv and Ancient Pasture.

623. Ploughing up meadow-land is prima facie waste and contrary to good husbandry, and will be restrained even though there although be no express covenant in the lease against it (?) if the ploughing be done for the purpose of ameliorating the meadow, and does ameliorate it, the act may be justified (s). The restriction on ploughing ancient pasture is the same as on

meadow Pasture.

{t).

624. Sowing clover with the spring corn does not constitute down land in permanent pasture {a) nor does merely

laying



sowing common grass seed make land old meadow again (s). It has been stated that continuance in pasture for twenty years impresses on the land the character of ancient meadow or pasture (b); and land that has formerly been ploughed may after a sufficient lapse of time become ancient pasture which a tenant will be restrained from ploughing (c) The laying down of permanent pasture is an improvement to which the landlord's previous consent is necessary in order to entitle the tenant to compensation therefor under the Agricultural Holdings Acts (d). Sect. 10. Poisoned flesh.

Poisoned Flesh and Grain.

625. Every person wilfully placing on any land flesh or meat mixed or impregnated with poison, and calculated to destroy life, is liable on conviction to a penalty of i^lO (e). This does not prevent the owner of a dwelling-house or any stack from laying poisonous preparations in his house, inclosed garden, drains (if protected with gratings) or stacks, for the destruction of small vermin (/) but laying poisoned flesh in an inclosed garden in order to destroy a

Laws V. Eltringham (1881), 8 Q. B. D. 283. (p) Gardner v. Manshridqe (1887), 19 Q. B. D. 217. {q) Gayford v. Chouler, [1898] 1 Q. B. 316. (r) Drury v. MoUns (1801), 6 Yes. 328 Martin v. Coggan (1824), Simmons v. Norton (1831), 9 L. J. (o. s.) (c. P.) 185. (s) Simmons v. Norton, supra, {<>)



(t)

(a)

1

Hog. 120



Temple (1625), 1 Ch. Eep. 8. Birch v. StepJmison {1811), 3 Taunt. 469.

AtJcins V.

Morris v. Morris (1825), 1 Hog. 238. Fermier v. Mauvd (1637), 1 Gh. Eep. 62. (d) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 3; Agricultural see p. 260, Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 9, and Sch. I., Part I. note (c), ante. (e) Poisoned Plesh Prohibition Act, 1864 (27 & 28 Yict. c. 115), s. 2. (Z>)

(c)



(/) Ihid.,

s. 3.