Lords Sitting of 3 December 1813

APPEALS—DEMPSTER v. THE MAGISTRATES OF ST. ANDREW'S.
The Lord Chancellorobserved, that he had addressed several observations to the House, on a former day, relative to the several points which were involved in the consideration of this case. Before he proposed to their lordships to come to that judgment which, in his opinion, ought to be given, he was induced to repeat to them the substance of the remarks he had already made upon the merits of this question. It was his intention to move, that the interlocutors of the court should be remitted, and he did not perceive how their lordships could adopt any other decision. There were parts of the judgment of the court below upon which the House was not able to form a distinct opinion. This was a

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claim, on the one hand, to certain property in the liberties of the corporation of St. Andrew's; and, on the other, it was the setting up of a right to keep off whatever might spoil the ground for the exercise of the game of golf. This privilege of enjoying a healthful exercise and amusement, was claimed not only for the corporation and the people of St. Andrew's, but for all others, wherever they may come from, if they chose to play at golf within the links of St. Andrew's. The court of session had decided, that the rabbits of which, the respondents complained might be removed; but it did not appear, how that effect of the decision could be carried into execution. It was not ordered that the appellant should remove them; and afterwards by the suspension (a proceeding in Scotland), when the subject came again before the court, it appeared that the respondents were not authorized to kill all the rabbits, but such as might come into certain parts of the liberties. Then how were they to be removed, and by whom? A question had also been raised at the bar, where it was contended by one, that the whole of these rabbits ought to be removed or destroyed; and by another, that a part only could possibly fall under such a decision. On this part of the argument his lordship's gravity had been disturbed; for it appeared, that one part of these creatures was indigenous; while others were brought there from England; others from different links and places in Scotland; and others again had arisen, which were a compound of this variety. He regretted, however, that this case should, from necessity, be remitted to the court of session for, on the one hand, being, a North countryman himself, he had had an opportunity of seeing and, admiring, the game of golf; but, on the other hand, he could not see how a right like that claimed by the respondents, not only for themselves but for the whole world, could exist, to the prevention of a man's using his own property? For, on this ground, the objection to keeping rabbits would also apply to keeping black cattle, which were likely to do more damage to the earth than the scratchings of rabbits. It would also prevent the keeping of sheep, or any other species of animals. This was a species of war which had been pertinaciously pursued by the parties. He believed Pliny had mentioned the circumstance of the Balearic Islands, whose inhabitants made war upon
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rabbits, and had an army to destroy and drive them from the country. But neither in this Balearic war, nor in any subsequent one, was more spirit manifested, than in this war of the whole world against the rabbits of St. Andrew's. The nobles and learned lord then moved. "That the interlocutors and suspension he remitted for re-consideration, as to those points upon which the House wanted additional information."—Ordered accordingly.

INSOLVENT DEBTORS.
Lord Ellenborough's temporary Insolvent Bill was read a third time and passed.