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most childish trifling, and unworthy to 1847, had never been made the of a moment's serious notice. There is ground of a formal appeal to the law not a single sentence in any lease that tribunals, cannot be either very fremay not be set aside on the very same quent or very severe. The statement, grounds; and if agreements of this na. however, is not strictly correct; for, ture are to be cancelled on pretences though no actual decree had been so frivolous, there is an end to all given on the special amount of dafaith and meaning in contracts be- mages before 1817, a very distinct, tween man and man.
though incidental, opinion as to the But the tenant's case assumes a very liability of landlords in such cases was different aspect when, by artificial given in a case which occurred fifteen means expressly contrived for the years ago - Drysdale v. Jameson. purpose, the game has been increased The principle of the law could not be subsequent to his entry. Then, it is more lucidly stated than in the words obvious, the burden is no longer the of the learned judge (Fullerton) on same which the tenant undertook. It that occasion. is a state of things which he could not “A tenant, in taking a farm, must anticipate from the terms of his con- be considered as taking it under the tract; and if the authority of the burden of supporting the game, and courts of law were unable to reach may be presumed to have satisfied such a case, and to protect the tenant himself of the extent of that burden, from what is in fact an infringement, as he is understood to do of any other on the part of the landlord, of their unfavourable circumstance impairing mutual agreement, it is difficult to the productiveness of the farm. But, imagine stronger grounds for insisting on the other hand, it would seem conthat the defect should be supplied by trary to principle that the landlord, positive enactment. No such inter- who is bound to warrant the beneficial ference, however, is requisite. Our possession to the tenant, should be law courts not only possess the power allowed, by his own act, to aggravate of enforcing compensation for such in- the burden in any great degree. A juries, but in the recent decision, in tenant, in order to support such a the case of Wemyss and Others v. claim, must prove not only a certain Wilson, the supreme court has as- visible damage arising from game, but serted and exercised that power in a certain visible increase of the game, the most distinct and unqualified man- 'and a consequent alteration of the cirner. “There is no instance," says cumstances contemplated in the conMr Chiene Shepherd, writing before tract, imputable to the landlord. The the date of the above-mentioned judg- true ground of damage seems to be, not ment, “ in which our head court in that the game is abundant, but that Scotland—the Court of Session-has its abundance has been materially inever given a decision entitling a creased since the date of the lease."'* tenant to damages from a landlord for Surely so clear an opinion, coming destruction of his crops by game." from such a quarter, was a pretty plain Now, supposing the fact as here indication of the protection which the stated, to be strictly correct, what law would extend to a tenant in these inference, we ask, can common can- circumstances ; and, accordingly, it dour draw from it? Are we to con- has been completely confirmed on clude that the law of Scotland, or the every point by the more recent and bench that administers it, are so cor- comprehensive decision on Captain rupt as to countenance such an insult Wemyss' case. Any new steps on the to justice ? No such express decision part of a landlord for stimulating the had then been given, simply because natural supply of game, whether no such claim had ever been tried; by feeding them, breeding them artiand surely this very fact is in itself ficially, or by a systematic destruction the strongest possible presumption of the vermin which naturally prey against the alleged universal abuse of on them, will be held as indicating an the power of preserving game-a pre- intention on his part to depart from sumption that a hardship which, up the terms of the contract, and as
* Shaw, ii, 147,
therefore opening a valid claim for land-qualification introduced by the any damage the tenant may experience Act 1621 ; and this for the double in consequence of the change. And reason that it was originally an unit is not only such direct and active warrantable departure from the genemeasures for augmenting the stipulated ral principle just mentioned, and that burden that will be thus interpreted it is inexpedient to cumber the sysagainst thelandlord; buteven his doing tem with a law which is practically so negatively—that is, his failing to in desuetude. exercise the power heretains in his own 2d. The effect of this alteration hands, and to keep down the burden would be to remove also the useless to the same amount at which the ten- and improper restriction on the sale of ant found it on his entry, will be held game. There can be no good reason as equivalent to his positive act. for throwing difficulties in the way of
If, then, there ever was any ground the game-dealer's trade. As a check for alleging that the state of the law to poaching, we have abundant proof was indefinite, the objection is now that the present restriction is inoperaremoved. No one can pretend to tive; or, if it has any effect, it is doubt that a tenant of land in Scots directly the reverse of that intended, land has as ample a protection by throwing the trade very much into against injury from game as the law the hands of a low class of retailers. can give him. To prevent the injury Instead of requiring a qualification or beforehand is beyond the power of permission, which is constantly evaded, any law. All that it can do is to we would substitute a game-dealer's afford him as prompt and effectual license, as in England. means of redress as it furnishes against 3d. The fifth section of the Day any other species of injury. In short, Trespass Act empowers the person when its principle is weighed fairly, having the right to kill game on any and when we take into consideration lands, or any person authorised by the relief from the fiscal qualification him, to seize game in the possession of which Mr Mackenzie's act of last ses- a trespasser. This provision has sion conferred on the farmers, we shall sometimes given occasion to dangerbe able to estimate how far it is true ous conflicts between the parties, and that, “both in parliament and out of is, moreover, quite at variance with parliament, the interests and industry the principle of the law above noted. of tenants are systematically sacrificed 4th. The next particular we shall to the maintenance of the odious pri- mention is of more importance. The vileges of more favoured classes." evidence of Mr Bright's committee
We have followed ont and exposed, has, we think, fully disproved the perhaps at greater length than was charge against the county magistracy necessary, the stock sophisms and of England, of partiality and excessive more flagrant exaggerations by which severity in game cases. Exceptions no the total abolition of game laws is doubt were brought forward, but their usually supported. Some points are paucity shows the contrary to be the yet untouched ; but we prefer employ- rule. In Scotland there is still less ing the rest of our paper in briefly ground for such an accusation. With stating a few suggestions for the re- us, such an occurrence as a justice moval of some of those difficulties and adjudicating in his own case is unanomalies in the Scotch law, which known; and we find even the most we set out with acknowledging. In violent of the abolition lecturers adjudging of any such alterations, it is mitting that proceedings before the necessary never to lose sight of the sessions under the game statutes are leading principle on which the whole conducted with equity and leniency. Scotch system is founded-namely, But this is not enough. The parties the original and common right to seize who have to administer the law should and appropriate the animals of chase, be above all suspicion of bias or inqualified and determined by the pre- terest, even of the most indirect kind; vious right of the landowner to the and we should greatly prefer that exclusive use of the soil.
game prosecutions were removed al1st. Keeping this in view, our first together, into the court of the judgechange would be the abolition of the ordinary. Such an alteration, were a sure, would be regarded generally by 5th. Any revisal of the law should the benches of county magistrates as embrace provisions against the accua most desirable relief from one of mulation of penalties ; for although the most invidious and embarrassing these are very rarely insisted on in duties they have to execute. But, as Scotland, the power of enforcing them the law stands, they have no option affords a pretext for declamations for offences under the Day Trespass against the severity of the game law, Act are cognisable by them only. If, which its opponents know well how to then, there be any valid reason against employ. transferring the trial of all game of. Besides these modifications of the fences to the sheriff court, (and at statutes, it seems most desirable present we can see none) it is at all that in all leases the disposal of game events most advisable that his juris- should be regulated by special clauses, diction should be extended to day as which should include a reference to well as to night trespasses.
arbitration in case of dispute.
A SKETCH FROM LIFE.
At the lower extremity of that an- gent, and he had the dark fiery eyes, cient street long recognised as the clustering black hair, and precociously head and centre of the Pays Latin or abundant beard of a native of southern scholastic quarter of Paris, and which, France. His companion, a young for six centuries, has borne the name Norman, had nothing particularly of the Rue de la Harpe, within a few noticeable in his countenance, save a doors of the bridge of St Michel, and broad open brow and a character of in a room upon the fifth floor, two young much shrewdness and perspicacitymen were seated, on a spring morn- qualities possessed in a high degree ing of the year 182-. Even had the by a majority of his fellow provincials. modest apartment been situated else. His dress was one of those nondescript where than in the focus of the students' eccentric coats and conical broaddistrict, its appearance would have leafed hats at all times particularly prevented the possibility of mistake affected by French studiosi. as to the character of its inmates. The two young men were seated at Scanty furniture, considerably bat- either extremity of the low sill of a tered, caricatures of student life, par- tall French window, thrown wide open tially veiling the dirty damp-stained to admit the pleasant spring sunshine, paper that blistered upon the walls, into which they puffed, from capacious which were also adorned by a pair of pipes, wreaths of thin blue smoke. foils, a cracked guitar, and a set of Theirconversation turned upon a crime castanets; a row of pegs supporting --or rather a series of crimes—which pipes, empty bottles in one corner, occasioned, at that particular moment, ponderous octavos thickly coated with much excitement in Paris, and which dust in another, told a tale confirmed will still be remembered by those perby the exterior of the occupants of the sons upon the tablets of whose meapartment. One of these, a young mory the lapse of a quarter of a cenman of two-and-twenty, was evidently tury does not act as a spunge. About at home, for his feet were thrust into three years previously, a young man slippers, once embroidered, a Greek named Gilbert Gaudry, of respectable cap covered his head, and a tattered family, liberal education, and good dressing-gown of pristine magnificence reputation, had been tried and conenveloped his slender and active figure. victed for the murder of an uncle, by His features were regular and intelli- whose death he largely inherited. The accused man was in debt, and his em- the attack, you cannot breach my barrassed circumstances prevented his solid position. Excuse and extenua marrying a woman to whom he was tion are alike in vain. I repeat and passionately attached; his uncle had maintain, that to make a magistrate recently refused him pecuniary assis- personally responsible for his judgtance, upon which occason Gaudry ments, be they just or unjust, so long was heard to express himself harshly as he has kept within the line of his and angrily. Many other circum- duty, and acted according to his constances concurred to throw upon him science, is revenge of the basest and the odium of the crime; and, alto- most criminal description." gether, the evidence, although entirely “Bear in mind," replied Henry la circumstantial, was so strong against Chapelle, "that I attempt not to him, that, in spite of his powerful apa justify the unhappy Gaudry. All I peal and solemn denial, the judge con- assert is, that injustice excites in the demned him to death. The sentence breast of every man, even of the had been commuted to the galleys for gentlest, hatred against him by whom life. Three years passed, and the real the injustice is done. And its frequent murderer was discovered — a dis- repetition, or the long continuance of charged servant of the murdered man, the suffering it occasions, will ultiwho, at the trial, had given important mately provoke, in nine cases out of evidence against Gaudry. The guil- ten, an outbreak of revengeful fury. lotine did its work on the right offen. The heart becomes embittered, the der, and Gaudry's sentence was re- judgment blinded, the mild and beauversed. But three years of slavery tiful injunctions of Scripture are forand opprobrium, of shame, horror, gotten or disregarded, in the gust of and gnawing sense of injustice, had passion and vindictive rage. To offer wrought terribly upon the misjudged the left cheek when the right has been man, inspiring him with a blind and buffeted, is, of all divine precepts, the burning thirst of revenge. Almost most difficult to follow. À man his first act, on finding himself at ruined, tortured, or disgraced by inliberty, was to stab, in broad day. justice, looks to the sentence, not to light, and in the open street, the judge the intention, of his judge; taxes him who had condemned him. This time with precipitation, prejudice, or overthere could be no question of his guilt, severity, and views revenge as a right and he wonld inevitably have been con- rather than a crime. Doubtless there demned to death; but, before his trial, are exceptions—men whose Christian he found means of hanging himself in endurance would abide by them even his cell. This last tragical and shock- unto death ; but, believe me, they are ing incident had occurred but two few, very few. The virtues of Job are days previously, and now furnished rare; and rancour, the vile weed, the embryo jurists with a theme for chokes, in our corrupt age, the meek animated discussion. Without vindi- flower, resignation." cating the wretched murderer and “A man to whom injustice is really suicide, the young Norman was dis- done,” said Dominique, “ may console posed to find an extenuating cir- himself with the consciousness of his cumstance in the unjust punishment innocence, which an act of rancorous he had endured. But his friend scout revenge would induce many to doubt. ed such leniency, and, taking up high The suffering victim finds sympathy; ground, maintained that no criminal the fierce avenger excites horror and was baser than he who, the victim of reprobation." judicial error, revenged himself upon " Mere words, my dear fellow," the magistrate who had decided ac- replied la Chapelle." Fine phrases, cording to the best of his judgment and and nothing else. You are a theorist, conscience, but who, sharing the lia- pleading against human nature. What bility to err of every human judge, was logic is this? Undeserved punishment misled by deceitful appearances or is far more difficult to endure than perjured witnesses.
merited castigation; and an act of “Argue it as you will," cried Domi- revenge should rather plead in favour nique Lafon ; " be plausible and elo. of the innocence of him who commits quent, bring batteries of sophisms to it. In a criminal, the consciousness that he merited his punishment would of revenge can ever compensate the leave less room for hatred than for loss of that greatest of blessings, a shame; it would excite vexation at pure and tranquil conscience? What his ill luck, rather than enduring peace of mind could I hope for, after anger against his judge. There would permitting such discord between my be exceptions and variations, of principles and my actions ? La Chacourse, according to the moral idiosyn- pelle, you wrong me by the thought." cracy of the individual. It is impos- “Well, well," replied his friend, sible to establish a mathematical scale “I may be wrong, and at any rate I for the workings of human passions. reason in the abstract rather than perI repeat that I do not justify such re- sonally to you. I heartily wish you venge, but I still maintain that to seek never may suffer wrong, or be tempted it is natural to man, and that many to revenge. But remember, my friend, men, even with less aggravation than safety is not in over-confidence. The was given to Gaudry, might not have severest assaults are for the strongest sufficient resolution and virtue to resist towers." the impulse."
A knock at the room-door inter"You have but a paltry opinion of rupted the conversation. It was the your fellow-creatures," said Domi- porter of the lodging-house, bringing nique. “I am glad to think better of a letter that had just arrived for them. And I hold him a weak slave Dominique. On recognising the handto the corruption of our nature, who writing of the address, and the posthas not strength to repress the im- mark of Montauban, the young man pulse to a deed his conscience cannot uttered a cry of pleasure. It was from justify."
home, from his mother. He hastily "Admirable in principle,” said la. tore it open. But as he read, the Chapelle, smiling," but difficult in smile of joy and gratified affection practice. You yourself, my dear faded from his features, and was reDominique, who now take so lofty a placed by an expression of astonishtone, and who feel, I am quite sure, ment, indignation, grief. Scarcely exactly as you speak-you yourself, finishing the letter, he crumpled it in if I am not greatly mistaken in your his hand with a passionate gesture, and character, would be the last man to stripping off his dressing-gown began sit down quietly under injustice. hastily to dress. With friendly soliYour natural ardour and impetuosity citude la Chapelle observed his varywould soon upset your moral code.” ing countenance.
“ Never!" vehemently exclaimed “No bad news, I hope?" he Dominique. “ La Chapelle, never inquired. will I suffer my passions thus to sub- For sole reply, Dominique threw due my reason! What gratification him the letter.
MOTHER AND SON.
Dominique Lafon was the son of a On the occasion of more than one reman noted for his democratic prin- publican conspiracy, real or imaginciples, who, after holding high provin- ary, spies had been set upon him, and cial office under the Republic and the endeavours made to prove him impliConsulate, resigned his functions in cated. Once he had even been condispleasure, when Napoleon grasped ducted before a tribunal, and had an emperor's sceptre, and retired to undergone a short examination. Nohis native town of Montauban, where thing, however, had been elicited he since had lived upon a modest that in any way compromised him ; patrimony. Under Napoleon, Pascal and in a few hours he was again at Lafon had been unmolested; but liberty, before his family knew of his when the Bourbons returned, his name, brief arrest. In reality, Lafon, alprominent during the last years of the though still an ardent republican, was eighteenth century, rendered him the entirely guiltless of plotting against object of a certain surveillance on the the monarchy, which he deemed too part of the police of the Restoration. firmly consolidated to be as yet