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![handle is hein.slavery/ssactsengr1036 and id is 1 raw text is: LORD BUTE V. GRINDALL
present cases constitutes a part of the trespass, which is confessed by this plea.
These authorities are recognized in Com. Dig..title, Pleader, 3 M. 37, where it is
said, the defendant cannot justify either entering or digging for a fox. -
Gibbs, for the defendant, was stopped by the Court.
Lord Mansfield, Ch.J. By all the cases as far back as in the reign of Henry 8th,
it is settled that a man may follow a fox into the grouids of another. It is not
necessary in this case to enter into the exceptions which have been made to that
general rule, because this demurrer disputes the general proposition.
Willes, J. said, that the case in Popham, 162 was much stronger than the present.
[338] Buller, J. The question on this record is, whether the defendant be justified
in following the fox at all over another man's grounds. The demurrer admits that
which is averred in the plea, namely, that this was the only means of killing the fox.
This case does not determine that a person may unnecessarily trample down anothef
person's hedges, or maliciously ride over his grounds: if he do more than is absolutely
necessary, he cannot justify it; and such circumstances are a proper subject for a new
assignment.
Judgment for the defendant.
LORD BTE against GRINDALL. AND ANOTHER. Friday, June 30th, 1786. The
ranger of a Royal park is rateable, as such, to the poor for inclosed lands, in the
park, yielding certain profits; but not for the herbage and pannage, which yield
no profits (a).
These were two issues:
The first of which was to try, whether the plaintiff, as ranger and keeper of His
Majesty's park called the New Park, near Richmond, in the county of Surry, was
liable to be rated to the relief of the poor of the parish of Putney, in respect of 199 a.
0 r. 12 p. of inclosed lands, being meadow and arable, part of the said park, and 39 a.
1 r. 32 p. of land, open to park pasture, also part of the said park.
The 2d, whether the plaintiff was liable to be rated, &c. in respect of the herbage
and pannage of the said park 7
This cause was tried at the last assizes for the county of Surry, before Gould, J.
when the jury found a
Special verdict; which stated, that our lord the now King, by letters patent
under the Great Seal of Great Britain, bearing date at Westminster the 25th day of
June, in the twenty-first year of his reign, reciting (amongst other things) that the
Princess Amelia, daughter to His late Majesty King George the Second, had held,
and bad lately surrendered, resigned, and yielded up, into our said lord the now
King's hands the office hereinafter mentioned, gave and granted to the said earl the
office of ranger and keeper, and the custody of all that his said park,. called New Park,
near Richmond, in the county of Surry, and the custody, survey, and preservation of
all and singular the houses, lodges, edifices, walks, deer, wild beasts, and game, in his
said park, there being or thereafter to be, to have, enjoy, exercise, and occupy the
said office, unto him the said earl, by himself, or his sufficient deputy or deputies,
during his pleasure. And further, for the bet-[339]-ter execution of the said office,
His said Majesty had given and granted, and by the said letters patent did give and
grant, unto the said earl the herbage and pannage of the said park, over and above
the keeping of the game within the said park, from time to time being; and also the
fees of three bucks and three does every season: and also the wages and fee of six
shillings by the day for every day in the year, payable as in the said letters patent
is particularly specified; and also all. woods and underwoods, commonly called browse
wood, wind-fall wood, and dead and decayed trees, mast and ebiminage happening
or falling from time to time within the said park, together with the necessary timber
for repairing the houses, lodges, edifices, and walks, in the said park, and such timber
as should be wanting and necessary for dividing, separating, and inclosing any parts
or parcels of lands within the said park, as should from time to time be judged
convenient for improving the pasture and herbage thereof, and for beautifying the
said park, as was therein before mentioned to be granted, so as such timber so to be
cut down at any time should be made use of and employed within his said park for
(a) Vid. R. v. J. Hurdis, post, 3 vol. 497.
1127
I T. R. 338.](ViewImageLocal?handle=hein.slavery/ssactsengr1036&div=1&collection=&method=preview&ext=.png&size=3)