580 MODERN FARRIER. 



list of game, as well as the rabbit; with, however, 

 the following exceptions : — the taking of woodcocks, 

 or snipes, in nets, or springes, and the taking or de- 

 stroying rabbits in warrens, or any inclosed ground ; 

 or by anv person in land which he occupies. 



It should be observed, that merely the certificate 

 will not enable a person to kill game : he must also 

 possess the qualification by property, which we have 

 already mentioned and explained. If a qualified 

 person sport •without a certificate, he is liable to a 

 penalty of twenty pounds; if a non-qualified person 

 kill or hunt for game with a certificate, he still sub- 

 jects himself to a penalty of five pounds. 



The commissioners for the affairs of taxes must 

 annually insert, in one or more of the newspapers in 

 the county, the names and residences of the persons 

 who have procured certificates. 



T?'espass. 



This term applies either to qualified or non-quali- 

 fied persons ; and means literally the entry of one 

 man upon the grounds of another, without the occu- 

 pier's permission, and doing some damage, however 

 trifling, to his real property, for which an action 

 may be brought, and satisfaction obtained according 

 to the extent of the mischief, or the malicious inten- 

 tion of the trespasser. Nevertheless, in order to 

 prevent, as much as possible, vexatious litigation, it 

 is enacted, by 43 Elizabeth and 22 and 23 Charles 

 II., that where less damages than forty shillings are 

 given by the jury, the plaintiff shall be allowed no 

 more costs than damages ; unless (see 8 and 9 Wil- 

 liam and Mary, c. II) it shall appear that the tres- 

 pass was tviljul and malicious, in which case the 

 plaintiff shall recover full costs of suit. 



A man becomes a wilful and malicious trespasser, 

 in the legal sense of the term, if he enter again upon 

 the land or manor from which he has been desired, 

 either verbally or by a written notice, to abstain. 



