other words, such is the blessed result of doing away with the qualification! But if by any course of reason it can be shewn, as I much doubt, that it was right to get rid of the qualification, I have still to learn the propriety of sweeping away all those provisions for the search, in the houses of suspected persons, after game, and the unlawful instruments of its destruction.

Several of the repealed Acts prohibit killing killing hares with snares, hare-pipes, and other the like engines. If this prohibition had been retained, and had been acted upon, (and every true sportsman must ardently wish it had been, and extended to interdict even the shooting of hares,) many of the London poulterers would have had a small supply of hares, and could not, as some of them have publicly during the present winter, sold this species of persecuted game at six-pence per pound, when the ordinary butcher's meat was selling at a higher price. But then some of those Lordly preservers, who find the sale of game a very convenient addition to the credit side of their banker's book, might have suffered in point of profit with their partners-intrade, the poulterers. Pró Deum alque hominum fidem!

The fifth of Anne, another of the repealed Acts, complains of the inefficiency of the laws "for the better preservation of the game"-" by reason of the multitude of higlers, and other chapmen, which give great encouragement to idle loose persons to follow and destroy the game." Do the present dealers in game give no such encouragement as that here pointed at? Under this Act

of Anne the informer was to have half the penalty, even though he was implicated in the offence. But the Justice and Lord of the Manor had each the power of taking away from any unqualified person the game, his dogs, nets, &c.-a very useful power, but which, as it is apprehended, is extinct with the Act which gave it.

The same Act subjected gamekeepers selling game without the consent or knowledge of their Lords to punishment. I presume this, as being part of the repealed Act, has ceased to be part of our law: although, now the sale of game is rendered legal by persons having certificates, it would seem to have been essentially necessary to preserve this clause in an improved shape. As gamekeepers have from their situations particular facilities afforded them of taking the game, perhaps it would be still better that gamekeepers never should be allowed to sell game. This is the improvement I would suggest.

I am aware it may be said that the New Game Act is not chargeable with the offence of originating all the alterations I have enumerated, when I have been speaking of the clauses it has repealed, since some of those clauses had been previously repealed by former Acts: but, I answer, that the New Act brought the whole under revision, or affected to do so, and having for its object, professedly and substantially, a new code founded on new principles, the framers of it were bound to consider the entire law, with all its variations at different periods; and whilst they added that which they

deemed necessary, it was their solemn duty to preserve to us all that was good of the old law. I fear, however, the tale of the tub, or more properly its moral, was not in their recollection. I cannot think, after all the preparation, all the discussion, and all the boundless prodigality of hope which was excited, that the repeal of former excellent clauses ought to have been concurred in, with no better argument in support of of it, than that such repeal had been originated by former lawmakers, who never were placed in a similar situation. If they had not the same difficulties to contend with, they had not the same means of surmounting them, and were evidently not proceeding upon the same principle as those who framed the new law.

Before I quit this part of the subject, allow me to remark, that in the short time I have been able to bestow upon the different Acts of Parliament repealed I may possibly have made some mistakes, and been guilty of some inaccuracies. I should likewise observe, that I have never seen the Parliamentary Report of the evidence before the Game Committee. I am, therefore, utterly ignorant of the extent to which that evidence confirms, or is at variance with, the view I take of the subject. Indeed nothing is more remarkable than the silence which has prevailed with respect to the working of the New Game Act, and the little which is to be gleaned from any public work on the subject.

Having thus considered the New Game Act in detail, I will trouble you with a few observations upon its principle. It seems to me

was

that this so-much-vaunted Act is a failure, in assuming as its principle that the sale of game the universal remedy, the golden elixir, the panacea, which, being duly administered, should for ever cure that hydra-headed disease called poaching.

If there be any cure for poaching, it is not to be found in this plausible piece of quackery, which with its accompaniments (doing away with the landed qualification, &c.) will add to the disease. To speak in plainer language, if there be any cure for poaching, it can only be found in giving steady employment to the peasantry, and in improving their moral condition.

If the Legislature, yielding to circumstances beyond its controul, cannot effect these desirable objects, it must, like a wise physician, have recourse to palliatives: it must tell the landlord the wholesome but disagreeable truth, that he must be content to share the game with his tenant if his tenant be disposed to sport. If the sale of game be still permitted, the tenant must be allowed to sell what he kills on the farm he occupies: but no other person must be permitted to sell who has not a landed qualification, not even the gamekeeper, though he sells for his master, and by his direction.

Some of the clauses which have been repealed should be restored: and during six months in the year, namely from the last day in February to the first day of September, the hare must be protected from destruction if you will have any of that species of game left.

The utter extirpation of the hare must be the inevitable consequence of the law as it now stands.

I have shuddered at the sight of leverets hanging up in the poulterers' shops in the months of July and August. If the present Act exist two years longer, it will be many years before the mischief to the game can be remedied. I again with great sincerity assure you that I could have wished this matter to have been taken up by an abler pen. My first letter, published in your Number of January, was written with no other view. If it had effected its object, I should have remained silent. As it did not, I have troubled you with my crude and hasty views, written at intervals amidst more serious avocations. But I am in heart a Sportsman. All Sportsmen are interested in the subject. That the lover of the trigger is that the keeper of

SIR,

the harrier is-that the admirer of the greyhound is, no one will doubt. That the fox-hunter is, I think is equally clear. Let the hare, the pheasant, the partridge, cease to be-and in this war of extirpation under the New Game Act they will soon cease to be― and foxes will not long survive the destruction of the principal source of their food. Even you, Mr. Editor, are a party interested in the subject. With the utter failure of game, there will be the fall of sporting; and your publication, entertaining and valuable as it is to all true lovers of the brush, the scut, and the trigger, will cease to exist, instead of possessing that influence which it is my sincere wish it may long retain.-Yours, &c. J. B. (b. v. b. v.)

ON receiving the entry some twenty miles from the scene of action, I was almost staggered at the presentation of such amiserable list, and had almost determined to decline paying the worthies a visit ; but recollecting that there was virtue even in the "widow's mite," and the prospect of meeting many old friends and a few new faces (i. e. horses) on Langton Wold, I recanted my first determination. I know not and cannot conceive why these training grounds, with horses and every convenience at hand, should fail to produce a tolerable Race Meeting but such is the case. Middleham, where some years ago we had its Craven and Yearling Stakes, Gold Cups, &c. &c. in all the glorious circumstance of

turf importance, is now no more. No bell is heard to call the prancers to the post-no judge is seen to give the important award. Why it is so I cannot tell, unless our northern trainers, like too many of the world, are more jealous of their nearest neighbours and friends than of strangers, and fear the exhibition in "the home department" may tell more than they wish or desire: but on this point they are the best judges, and can give perhaps the best reason. All I wish is, that the example of the Catterick Club may inspire them to emulate their exertions to procure increased patronage, and prevent at least Malton from becoming a nonentity in the pages of our Racing Calendars, and cause it to occupy

double the space of increased interesting intelligence than it has of late years. Surely the Scotts, Marsden, Perrin, &c. &c.'s stables, if disposed, can save the tottering fabric from its fall, and I sincerely trust they will do so. Does the season of their appointment not suit? why then alter it; and if it can be fixed in a warmer portion of the year, I am sure no one will complain; for the "pelting shower" and "bitter blast" (and that too on Langton Wold is no joke) are very generally a penalty placed upon the assemblage, from which all the influence of great coats, cloaks, &c. cannot avert, and but too little mitigate. Would not the autumn of the year, when the brightest hopes and fondest anticipations have been blasted, and numerous proud hearts have condescended to go "a gleaning" for expenses, be a more propitious season? Is there any other cause that blights the blossoms? why then join heart and hand to remove it, and in a word SAVE the Malton Meetings from a lingering and miserable death.

THURSDAY.-The weather tolerably fine, though dreadfully cold, and a thin attendance.

The Yearling Stake (the Craven not having filled) was the first exhibition, and brought out four fine young ones, as here enumerated:

Mr. Bell's b. f. by Palme

rin, d. by Fitz Teazle .....J. Marson, jun. Wyndham.. Maid of Lune Bubastes.......

.... Templeman. T. Nicholson.

came up and put the Maid in the rear, winning cleverly by a full length. The winner is a fine good sized colt.

The Filly Stake followed, and from an engaged party of only three, found but two to attend→→→→ Mr. Watt's chesnut, by Blacklock out of Muta, rode by Nicholson, and Mr. Hudson's Vesta, rode by young Marson, son to Marson, the trainer of the latter. The conflict brought forth one of those singular events which we can only expect to see or hear of about once in half a century.

On starting the Muta filly took a little of the front, though both kept well together, and on coming towards home a terrible struggle ensued, which ended in a dead heat. After some time the ladies again came forth to go the dance over again; and, however incredible it may appear, true it is, that a repetition of the same movements was gone through, and the finish again declared by the Judge to be another blank.

The Welham Cup, of which we'll talk hereafter, was then run, to give the two breathing time, and, after the decision of who should first fill the Goblet," the two fillies a third time came forth for the ambition of being declared victor; for I think it could not be for the value of the Stake, which was paltry. Again they kept close company to the distance, when Nicholson commenced military punishment with great force, and fairly tired and flogged his adversary out of it at the close by half a length. Neither of the two may be very superior, yet perhaps Vesta may be the best, though the most unfortunate of the two. Had a regular jock been

M

on her back, it is highly probable she might have run the Muta one out of it at the first if not the second heat. As it was, the Muta blood streams of truth and goodness, descended from the celebrated (and so long as blood in pedigree shall be prized), never to-be-forgotten MANDANE, outbalanced in bottom the less pure blood even of Arbutus, Blucher, and Sir Peter.

For the Welham Cup we had a turn out of four cocktails, and as many Gentlemen jocks. They were, Mr. Bower's Scorton, rode by Mr. Singleton; Mr. R. Bower's The Dutchman (Mr. Worsley), Mr. T. E. Dyson's The Emperor (Capt. Davidson), and Mr. Mark Foulis mounted on his own Patchwork. The Dutchman made the fun until near home, when Mr. Singleton came up, gave him the "go-by," and won cleverly. So ended the first day.

FRIDAY.-Weather, &c. much the same as yesterday.

no

The Cottage Stake commenced the performance with four, I can't say cocktails, for one (or more) was thorough-bred, but they were to have been regularly hunted with fox-hounds, which doubt they had and here we had the gratification of seeing Sir Tatton Sykes (notwithstanding his former resolution) again mounted on a horse of his own, by Dinmont out of Sister to Speaker; Captain Thompson on his own Prosody, Mr. Singleton on Mr. R. Bower's The Roué, and Captain Davidson on a horse of Capt. Ramsden's called Arlington. Prosody took all the exercise out of the rest and won the race cleverly.

Scorton, the winner of the Welham Cup yesterday, again rode by Mr. Singleton, came out for a Match against Mr. M. Foulis on his own horse The Dandy; but Scorton in the race shewed the same pleasure as the Irishman's pig-" any way ubt the right one, your Honour" and so bolted, leaving The Dandy to take the good things without unruffling himself.

A Maiden Plate of Fifty, heats, brought out five, all anxious to part with the obnoxious title of virginity, and was won at three heats by Mr. W. Richardson's chesnut colt by Comus, dam by Cerberus, rising 3 yrs old, rode by Young Noble, a son of the late well-known rider Mark Noble, beating Mr. Dyson's b. c. by Phantom, dam by Cerberus, rising 3 yrs, who won the second heat; Mr. Hopkinson's gr. g. by Brutandorf, dam by Minos, rising 3 yrs; and two others each heat being won cleverly. When the horses were mounted, and about to start for the first heat, Mr. Hopkinson's gelding became restive, and, after plunging and rearing he fell backward over upon the boy who rode him. The poor fellow lay for some minutes without any signs of animation, but on procuring medical assistance, which fortunately was at hand, he came round, and, I believe, was quite recovered out of danger.

Thus closed our pleasures, disappointments, and misfortunes at Malton; and now, until the York Spring Meeting permit me to subscribe myself, yours, &c.

ALFRED HIGHFLYER.

Malton, April 19, 1833.