Wednesday, June 16.
- i niS was au acuon wPr atsturbing tue pJaintitt-'s rookery, by dig- chargingguns loede&'ich`' 'tpoder. in tbe neighbourhiobd ofcer- tain trees on% oeplaittiff'to ud in which certain rook. liad built their'nects, wherebr divers reoks were, by the noise of the guns and the smnell ofl guipoirder. divern away, to the plaintiff's damage, who tiiad beet used to derive'profit from ihe young rooks, and tlieeggs of thie'old bnes. . At'the'tiidl befoiB2 lr. Baron Graham, at the list summer assizes for Frcrt,; the plaintiffhid a verdictfor nominal damaes. s In Mi- -chaselma Term.a rule N4i was obtained to arrest the judgnment, on ehb ground that the action was not maintainable. On that occasion the Court dircted the questioh to be argued in the shape of a special case,and accordingly on a-former Lay during these sittings, Mr. AD OE us argued .'he ease for'the .piaintifF, and Mr. BOLLAND for the defendtrdrt. . , , - 'fhcCoua.v took time to e6nsider.the case; and now Nr. Justice BkxiYEr delivered the judgruent ofthe Cduot, wbich- was in farour;of the defendairt. Referring-to 2 Inst; 199 and 200, Cro. Eliz.,047, 6 Co.. Rep. 104 b., Moauwood's Forest Law; Cro. Car.'490, 2 -Roll's Rep. 3 and 30, 3 Salk. 24S, the Statutes 24 Ienr.y VI. v 10, 2~ Henry. VIII, and oB Eliz. c. .15, the Coart rereo?oeini&i tbat rooks werernot aaimalsin which anv.man could have i Jprdpery,. erxinght to iiringthem upon his own handso as to annoy his ndelghbour6, and con equeatly that no action could be maintained for-frightening then away.-.Tbe judgment was there. fore arrested .... .. .... . - -- .: - UZZ - ,DN{ESDAY, JUNUC 16. ~~~~A?NL'. -3- OXETT