274 ANNUAL REGISTER, 1809. 



attributed the disasters of his ma- 

 jesty's long reign to a secret influ- 

 ence behind the throne. He in- 

 sinuated also, that there might be 

 a limit to tiie patience and submis- 

 sion of the people. 



11. Court of Exchequer — Game 

 Laws. — The King v. Prosser. — 

 Mr. Baron Graham read the notes 

 which he had taken of this case 

 when it was tried before him, at 

 the last Gloucester Assizes. The 

 action had been brouglit at the in- 

 stance of Sir Wathan, a 



gentleman who it appeared was 

 distinguished in his neighbourhood 

 for a rigorous inforcement of the 

 Game Laws. 



A Mr. Hawkins, who was by law 

 qualified, resolved to treat the peo- 

 ple in that neighbourhood with a 

 few hares. He collected all the 

 dogs he could find in that quarter, 



and killed 19 hares in one day 



Among the dogs borrowed was that 

 of the Rev. Mr. Jackson, which had 

 been kept by the defendant Prosser, 

 the tenant of Mr. Jackson, 



Prosserat the request of Hawkins 

 went out with the dog, and took an 

 active part in the sport ; in conse- 

 quence of which a prosecution was 

 commenced against him under the 

 statute of Anne, for using a dog for 

 the destruction of game without 

 having been qualified by law. The 

 Jury found for the Defendant. 



Mr. Abbot moved in the Exche- 

 quer for a new trial, and mentioned 

 a 7iisi prius case, tried at Stafford, 

 before Mr. Justice Lawrence, in 

 which that very learned and accu- 

 rate judge laid it down, that whoso- 

 ever accompanied a qualified man 

 in the chase, and took a share in the 

 sport, was liable to the penalty under 

 the Act, unless himself qualified, 

 excepting servantshired;;ro Aacve'ce. 

 t 



Mr. Serjeant WillFams also sup- 

 ported this side of the question. 



Mr. Dauncey.on the other hand, 

 contended that such a doctrine 

 would lead to the most monstrous 

 consequences. A man going to the 

 Opera might upon this principle be 

 said to use a fiddlestick, because he 

 partook of the amusement. Every 

 one who applauded at Newmarket 

 might be said to keep a race-horse, 

 and the ladies of Portman-square, 

 who waved their handkerchiefs in 

 admiration of the Worthies of the 

 Whip Club, might be considered as 

 members of that sapient society. — 

 Mr. D. also relied upon the case of 

 the King v. Newman, where lord 

 Mansfield had disapproved of the 

 conduct of a magistrate who had 

 convicted two men for having at- 

 tended a qualified man at a hunt. 



Mr. Abbot stated, that the case 

 mentioned had been reported by 

 Mr. Loft, who had since betaken 

 himself to thewriting of poetry, Sec. 

 It so happened that there was a 

 great deal of poetry in his prose 

 reports of law cases, and therefore 

 the accuracy of his reports had 

 seUlom been much relied on. 



The Lord Chief Baron observed, 

 that before he affirmed or denied 

 the doctrine laid down by Mr. Jus- 

 tice Lawrence, he should wish to 

 have it very fully considered. In 

 the present case there was no occa- 

 sion for that; besides it came within 

 the exceptions universally allowed. 

 Prosser hadgone out,notforhisown 

 pleasure, but as the servant, pro hue 

 vice, of Mr. Hawkins. The verdict 

 therefore was unquestionably right. 



The other judges concurred in 

 thisopinion, and the rule which had 

 been obtained on a former day by 

 Mr. Abbot for a new trial was ac- 

 cordingly discharged. 



25. Jones 



