Spring Guns And Man Traps

These were formerly permitted by law to be set in woods, gardens, etc, without any restriction. Injuries the most severe, and even death, were inflicted by them, and the legislature, wisely considering that these punishments were visitations far too excessive for stealing, or intending to steal fruit or game, passed the statute 7 & 8 Geo. IV. c. 18. This enacts that any person who sets or places, or causes to be set or placed, any spring-gun, man-trap, or other engine calculated to destroy human life, or inflict grievous bodily harm, with the intent or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, shall be guilty of a misdemeanor and punishable by fine or imprisonment, or both, at the discretion of the court.

The act further provides that persons allowing such guns, traps, or engines already set to continue set, shall be deemed to have set them.

But the Act does not extend to any gin or trap set to destroy vermin; nor does it forbid the setting of spring-guns, mantraps, etc, in a dwelling-house, from sunset to sunrise. This would justify their being set in any green-house, conservatory, or hot-house, provided it communicated by a door, window or passage with the house in which the proprietor or his servants resided.

Tithes Payable On Gardens

Gardens and orchards are tithable by common I law, and tithes in kind are due not only [ for all herbs, plants, fruits, and seeds usually grown in them, but for grass or grain grown therein. The insignificance of the herb makes no difference as to its liability, for even parsley is tithable. (Bunbury, 10.) Neither does it matter whether the produce be grown for sale or home consumption. (Williamson v. Lonsdale, 1 Daniel, 49.) Neither does the plants being raised for pleasure, or as exotic, at a great expense, and not by the natural powers of the soil and climate, make any difference. So all fruits and flowers are tithable, (Hetley, 100,) and so are pine apples, melons, and other hot-house plants, because as was observed by Chief Baron Skinner. the tithe of gardens is praedial. The notion of artificial heat and soil would exclude almost all the produce of gardens; things raised under glasses are raised in an artificial soil, but must all be subject to the same rule. Inocula- tion, to be sure, is a work of art, but art and expense used will not make any difference. Baron Eyre added: "Hothouse plants are certainly not exempt. The general rule is clear, and the inconveniences attending it are not great; mutual inconveniences will suggest mutual moderation. (Adams v.

Waller, Gwillim, 1204.) Bees are tithable for their honey and wax by the tenth measure and the tenth pound. It has been doubted whether the tenth swarm can be demanded, because bees are ferae naturae, but bees in hives may pay tithe by the hive. (3 Croke, 404.) Nurseries of trees are tithable if the owner dig them up and sell them. (1 Coke, 5:26, etc).