Lectures On Agricultural Law, Including An Examination of the Ground Game Act, 1880, And the Agricultural Holdings (Scotland) Act, 1883, With Digest of Cases, Notes, &c

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See also Beaper v. Duff, Feb. 6, 1860, 32 J. 478.
Circumstances in which farm servant acquitted.
(a) An agricultural tenant, whose lease reserved rabbits to the landlord', instructed a servant to shoot them. The latter was charged with day trespass, but acquitted by the SheriiF. Judgment upheld.
Calder v. Eohertson, Nov. 6, 1878, 6 R. 3 (Just.).
(6) The lease gave the tenant power to snare rabbits.
While a servant was, by his master's orders, attending to the snaring, he took a wounded hare out
... of one of the snares and set a dog after it, and it was ultimately killed. The servant was charged with being on the lands in pursuit of game.
Held (aff. judgment of Sheriff; diss. Lord Adam) that he was not guilty, in respect that he was on the lands for a lawful purpose, and not with the design of pursuing game.
Lawrie v. M'Arthur, Oct. 29, 1880, 8 R. 2 (Just.).
Entering on lands to take dead game is not a contraven- tion of the Day Trespass Act.
Macdonald v. McLean and Others, Feb. 28, 1879, 6 R.


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