$2 APPENDIX. 



[Hunting. ] In refpecl to injuries from hunting or the purfuit of game, the following points 

 are neceflhry to be noticed in this place : 



Any perlon may juftify g&quot;ing upon the lands of another in purfuit of ravenous beafts, as foxes, 

 badgers and the like : for the taking of them is of public benefit; but he cannot juftify to break 

 the ground, or dig for them. 



So it will not jullify any exceffive or unreafonable damage to the land ; for the juftification 

 is only as to the following, and fhould be done with as little damage as poffible ; and therefore 

 if to trcfpafs for fuch caufe, the defendant juilifies for following a fox or fuch beaft, and in 

 fact has committed unneceflary mifchier, the plaintiff muft, in his pleading, newly allege and 

 prove excefilveand unneceflary injury. 



But in general it is trefpafs at common law for any man to hunt on another s ground ; and 

 the owner or tenant of the foil may maintain his action of trefpafs for the fame. 



Yet if the party is qualified according to the ftatutes to kill game, and the damage found be 

 under 40$. unlefs the title to the land was chiefly in queflion, the defendant fhall, in fuch cafe,. 

 pay no more cofts than damages. 



But for preventing -wilful and malicious trefpaffes, the flat. 8 & 9 Will. III. c. n. f. 4,enals, 



that in all a6lions of trefpafs wherein, at the trial of the caufe, it fhall appear and be certified 



by the judge under his hand on the back of the record that the trefpafs upon which any defendant 



jhall he found guilty iv as wilful -and malicious, the plantifF (hall recover not only his damages, but 



his full coftsof fuit. 



Under this fbtute, therefore, if the owner or tenant of the land exprefsly forewarns another 

 not to come thereon, he will in an action of trefpafs, fubfequent thereto, be entitled to full 

 cofts, notwithiranding the damages recovered be under 4os. ; for every trefpafs is wilful where 

 the defendant has notice, and is efpecially forewarned not to come on the land. 



And if a general notice be given, not to trefpafs on certain land^s, and another hun s over a 

 clofe belonging to the party giving fuch notice, the judge on the trial of an aftion for fuch tref 

 pafs is bound under the above ftat. 8 & 9 Will. III. c. I r. f. 4, to certify that it was wilful and 

 malicious, in order to entitle the plaintiff to his full cofts ; notwithftanding it appear on the 

 trial that the defendant was anxious to avoid trefpafiing on the ground, and that he made fre 

 quent inquiries reflecting the plaintiff s boundaries. 



[Gleaning.] The idea which prevails among the lower daffes of the community, that they 

 kave a right at common law TO GLEAN or LEASE in the harveft- fields, is ill founded ; for unlefs 

 there be an immemorial cuftom or ufage in the parifli to the contrary, no fuch right can be 

 claimed by any perfon whatfoever ; and if any one, under fuch pretended right, enters upon the 

 land of another, the owner or tenant may bring an action of treipafs ; and even where by im 

 memorial cuftom or ufage fuch privilege is vefted in the poor and indigent parifliioners, they 

 P m only exercife the right by gleaning and gather ing the ears of corn after the crop is drawn oj\ 



END. 



Tinted fey W. Flint, Old 



