LAW 



343 



LAW 



or trap set to destroy vermin; nor does 

 it forbid the setting of spring-guns, man- 

 traps, &c., 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 



as those going empty. — Rex. r. Adams, 

 6 M. & S. 52. 



Also, the statute 3 Geo. IV. c. 126, 

 s. 32, enacts that no toll shall be taken 

 for any horse or other cattle or carriage, 

 employed in carrying or having been 

 employed in carrying on the same day 



passage with the house in which the any dung, soil, compost, or manure for 



proprietor or his servants resided 



improving lands. The word " manure' 



Tithes Payable on Gardens. — Gardens includes bone-dust, and, it secmg, 

 and orchards are tithable by common j bones before they are crushed. Pratt 

 law, and tithes in kind are due not only ; v. Brown, 8 Cnr. & P. 244. But the 

 for all herbs, plants, fruits, and seeds ^ statute 4 Geo. IV. c. 95, s. 23, declares 

 usually grown in them, but for grass or • that nothing in the 3 Geo. IV. c. 126, 

 grain grown therein. The insignificance shall work any such exemption to ma- 



of the herb makes no difference as to 

 its liability, for even parsley is tithable. 

 (Bunbury, 10.) Neitlier 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 gar 



nure, &c., if a toll is expressedly im- 

 posed upon such matters by any local 

 Act or Acts. 



Where wagons, &c., laden with 

 manure are exempt from toll, such 

 wagons, &c., in going for it shall be 

 exempted also. — 3 Geo. IV. c. 126. s. 

 26. But in the latter case the driver, 

 upon receiving a ticket, shall pay the 

 toll, to be repaid when he returns with 

 his wagon, &c., laden. Section 28, 

 also, provides that any basket, empty 

 sack, or spade, &c., necessary for load- 

 ing, if the loading is substantially ma- 

 nure for land, shall not renderthe wagon 

 &c., liable to toll. So, a wagon re- 

 turning from London loaded with dung 



dens ; things raised under glasses are ', is not liable to be weighed and charged 

 raised in an artificial soil, but must all for over-weight, under 13 Geo. III. c. 

 be subject to the same rule. Inocula- 84, or 14 Geo. III. c. 82, by carrying 

 tion, to be sure, is a work of art, but home two empty bottles and an empty 

 art and expense used will not make any sack, in which the produce of husbandry 



difference. Baron Eyre added : " Hot 

 house plants are certainly not exempt. 

 The general rule is clear, and the in- 

 conveniences attending it are not great ; 

 mutual inconveniences will suggest mu- 

 tual moderation. {Adams v. Waller, 

 Gwillim, 1204.) Bees are tithable for 

 their honey and wax by the tenth mea- 



had been brought from the country the 

 same dav. — Chambers v. Eaves, 2 Camp. 

 393. 



Lime has been adjudged not exempt 

 from toll, although the words of the 

 Act were " anything whatsoever used 

 in the manuring of land,'' {Rex v. 

 Gough, 2 Chit. 655,) nor yet within the 



sure and the tenth pound. It has been : exception of the Turnpike Act, 31 Geo. 

 doubted whether the tenth swarm can II. — {Anon. Lofft. 324.) Lime, how- 

 be demanded, because bees are fera ever, is sometimes exempted, as by the 

 naturae, but bees in hives may pay tithe local Act 3 & 4 Vict. c. 51. 

 by the hive. (3 Croke, 404.) Nurseries LAWN is a surface of turf in the 

 of trees are tithable if the owner dig vicinity of the house, requiring to be 

 them up and sell them. (1 Coke, 526, ; kept smooth by the regular application 



&c.) 



of the roller and scythe. When first 



Manures Exempt from. Toll. — The constructed, after the ground has been 



statute 52 Geo. III. c. 145, works a dug over as level as may be, it must be 



general exemption, in favour of agri- , rolled, the hollows filled up, and this 



culture, (and horticulture too, for the repeated until a level surface of earth 



words of the statute are not restrictive is obtained. It must then be slightly 



to manures used on farms,) to wagons, pointed over with a fork, and the turf 



carts, &c., loaded with manure, as well laid, or the grass seed sown. See 



