910 MAXL^\L OF MODERN FARRIERY. 



It must be borne in mind that merely possessing the certificate will 

 not entitle a person to kill game : lie must, besides, possess the qualifi- 

 cation by property. If a qualified person sport ickhout a certificate, 

 he is liable to a penalty of twenty pounds: if a non-qualified person 

 kill or lumt for game ^dth a certificate, he still, notwithstanding, sub- 

 jects himself to a penalty of five pounds. 



The clerk to the commissioners of taxes must annually insert in one 

 or more newspaper of the county the names and residences of persons 

 who have procured certificates — 1 & 2 \{m. lY . 



QuALiMCATiOxV. — In the reign of Richard II. an act was passed 

 making tiie qualification for sporting forty shillings. James I. raised 

 it to ten pounds. These statutes have never been formally repealed ; 

 but have, notwithstanding, become a dead letter, in consequence of the 

 following act of 22 & 23 Charles II. c. 25. 



'' Any person or persons, not having lands of inheritance, or free- 

 bold property, in his own or his wife's right, of the clear annual value 

 of one hundred pounds, or leas<.^hold property for life, or a term of 

 ninety-nine years, or longer, of the clear yearly value of one hundred 

 and fifty pounds, (tliat is, assessed to that amount, and clear of mort- 

 gage or other incumbrance,) are declared, ineligible to ham or to keep 

 for themselves or an^ other person, g^^"s, bows, greyhounds, setting-dogs, 

 ferrets, lurchers, nets, harepipes, gins, snares, or other engines for the 

 taking or killing rabbits, hares, pheasants, partridges, or other game." 



The qualification of Anne and Charles II. are what is now acted 

 upon, and may be briefly stated : — " Pursuing or killing game without 

 the qualifications above required, subjects the off'ender to a penalty of 

 five pounds; (supposing him to have a ceitificate; but if he have no 

 certificate, he is liable to an additional penalty of twenty pounds ;) and 

 any person not qualified is liable to the same penalty for having game 

 in his possession, unless it is ticketed by a qualified person." 



Exceptions to the General Rule of Qitalification. —By the 

 above-recited statute of (Uiarles II. the following persons are qualified 

 by birth, although they may not possess any property Avhatever : viz., 

 the son and heir apparent of an esquire, or other person of higher degree. 

 Esquires according to law are the four esquires of the king's body ; 

 the younger sons of noblemen, and their male heirs for ever ; the eldest 

 sons of baronits, Knights of the Bath, and Knights Bachelors aud 

 tlieir lieirs male in the rioht line. Persons of higher deoree than 

 esquires are doctors in the three learned professions, serjeants-at- law, 

 and all (jflicers in the army from captains upwards, and such subaltern 

 officers as may have esquire attached to their names in their commis- 

 sions. A justice is an esquire so long as he continues in the commis- 

 sion of the peace. Neither esquires, however, nor any of those persons 

 of higher degree, are qualified to kill game, unless they have the requi- 

 site property, whil^-t their eldci^t sons are qualified although possessing 

 no estate whatever! -1 Term Rep. 44. 



