27.5
factoring and trading part of the community, in favour of theirrespective monopolies.
The immediate damage occasioned by the licensed depredationsof these protected vermin is, however, but of small account.‘ The only damage at all worth attending to, ’ (in the words ofthe Agricultural Survey of Peeblesshire, p. 246.), ‘ is that re-‘ suiting from men, and dogs and horses, in pursuit of the game.
‘ In regard to the detriment of agriculture, the very worst pos-‘ sible regulation, in respect of the game, would be to throw it‘ indiscriminately open, with liberty to pursue it everywhere, to* *U without distinction. The very best would be, to vest in the‘ occupying farmer an absolute power of preventing every per*‘ son, without exception, from hunting over his farm against his1 consent. A privilege thus granted of favour, and not held of1 right, would never be abused, to the damage of farming stock.
‘ No doubt, those privileged to hunt, are commonly in circum-stances to enable them to make full compensation for any da-mages they may occasion, and in such situations of respectabi-‘ lity, s would restrain them from knowingly occasioning any‘ damage whatsoever; yet, without some such regulation, pro-perty launched out in farming can hardly be conceived equallyprotected by law as other property launched out in the busi-ness of r other gainful professions. To have recourse for dama-ges, merely where damage can be legally instructed, would no-where else be considered as a sufficient compensation for havingproperty put in risk at the mere pleasure of another.
‘ Suppose the whimsical privilege were assumed, »of playingcudgel matches, for diversion, in a glass or china shop: Theshopman would surely have some reason to be dissatisfied withthis privilege, although he had the most undoubted security ofrecovering all damages that might ensue, and though, from' the nature of his wares, no damage could possibly occur, intotal fracture, or even mere fissure, but what could with easeand certainty be instructed. In hunting, however, for example( Wi[ h slow-hounds in Tweed dale, where the sheep, walking wide,
( are naturally very -wild, the mere recourse for legally instruct-( damage, must afford still less adequate compensation for the( [ ls k> as, from the nature of the property, much damage may( he sustained, which is utterly incapable of any legal instruction;
( SUc h *s, loss or prevention of fat, from disturbance in their.
( Pastures,—diseases consequent upon over-heating, in running( “tough fear, or even upon fear itself. Here, as elsewhere, the( Power of prevention of unnecessary risk is the proper and best, bounty. Upon the other hand, it would appear a severe re-, Station to exclude the proprietor, without leave asked and, granted, from such rural sports as he might find upon his owngrounds, which might have a tendency to prevent monied men‘tom investing their capital in the purchase, the improvement,