18 



land occupied, together with a house, as a 

 park, gardens, other than as aforesaid. 



It has been decided that glass houses in or 

 on a market garden, if buildings, must be 

 treated under this Act as buildings and not 

 as agricultural land. See Smith v. Richmond 

 (68 L. J. Q. B. 898 ; [1899] A. C. 448). Under 

 the Public Health Act, 1875, section 211, 

 General District Eates levied by an Urban 

 Authority are assessed upon the occupier of 

 any land used as arable, meadow or pasture 

 ground only, or as woodlands, market garden 

 or nursery grounds in the proportion of one 

 fourth part only of the net annual value 

 thereof, and under Section 230 of the same 

 Act, a similar provision is made in respect of 

 a separate rate for special sanitary expenses 

 levied by a rural authority. 



In Purser v. Worthing Local Board of 

 Health [1887] (56 L. J. M. G. 78 ; 18 Q B. D. 

 818), it was held that a market gardener 

 occupying a piece of land upon which were 

 built green houses or glass houses which 

 practically covered the surface of the land 

 was entitled to the benefit of the above enact- 

 ment in favour of a market garden or nursery 

 ground. The apparent difference between this 

 decision and that in Smith v. Richmond is 

 probably due to the fact that the wording of 

 the relevant sections in the Public Health 

 Act, 1875, and the Agricultural Eates Act, 

 18S6, differs, the latter Act drawing a distinc- 

 tion between land and buildings which is not 

 found in the former. 



V. — Tebspass and Game. 



The law of trespass may in some cases be of 

 importance to the fruit farmer. When the 

 trespasser is not in pursuit of game or doing 

 any appreciable damage to the land or any- 

 thing upon it, there is no summary and in- 

 expensive remedy at law available. The 

 occupier may, however, order the trespasser 

 off, and may use just sufficient force to expel 

 him. Unlawful and malicious damage to any 

 plant, root, fruit or vegetuble production 

 growing in any garden, orchard, nursery 

 ground, greenhouse or conservatory is punish- 

 able on summary conviction btfore ju-tices 

 by imprisonment not exceeding six months or 

 fine not exceeding £20 above the amount of 

 the injury done (Malicious Damige Act, 1861. 

 Section 23), and unlav/ful and malicious 

 injury to any tree or shrub to the amount of 



Is. at least is punishable in like manner by 

 imprisonment not exceeding three months or 

 fine not exceeding £5 (Malicious Damage 

 Act, 1861, Section 22). If the damage ex- 

 ceeds £1 greater penalties are incurred 

 (Malicious Damage Act, 1861. Section 20). 

 Stealing or destroying or damaging with 

 intent to steal any plant, root, fruit or vege 

 table production growing in any garden, 

 orchard, nursery ground or conservatory 

 renders the offender liable on conviction to 

 imprisonment not exceeding six months or 

 fine not exceeding £20 above the value of the 

 article stolen or the amount of the injury 

 done. Any sum of money forfeited on any 

 summary conviction for the valae of the pro- 

 perty stolen or taken or for the amount of 

 any injury done (such value to be assessed by 

 the convicting justices) is payable to the party 

 aggrieved. (Larceny Act, 1861. Section 106). 



Shooting. 



The tenant of a fruit farm or market garden 

 where the shooting rights are reserved to the 

 landlord is entitled to kill and take ground 

 game (i.e., hares and rabbits) on the land, 

 but only the occupier and another person 

 authorised in writing may so kill ground game 

 with firearms, and no person may be autho- 

 rised by the occupier to kill or take grouud 

 game except members of his household resi- 

 dent on the land in his occupation, persons in 

 his ordinary service on the land and any one 

 other person bond fide employed by him for 

 reward in the taking and destruction of 

 ground game. 



Spring trap-! may not be employed for the 

 purpose of killing ground game except in 

 rabbit holes, 



The occupier and persons duly authorised 

 by him are not required to obtain a licence to 

 kill game for the purpose of killing and 

 taking ground game on land in his occupation 

 (Ground Game Act, 1880. Section 4), but 

 there is no exemption in such case from the 

 provisions of the Gun Licence Act, 1870. 



An occupier of any land himself using or 

 carrying a gun for the purpose only of soaring 

 birds or killing vermin need not have a gun 

 licence, nor need any person employed by him 

 for it on purpose if the occupier himself has a 

 licence to kill game or a gun licence. (Gun 

 Licence Act, 1870. Section 7.) 



