THE IMPROVED ART OF FARRIERY. 599 



It should be observed, that merely the certificate will 

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

 the qualifications by property which we have already 

 mentioned and explained. If a qualified person sport 

 wit' out 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 subjects himself to a penalty 

 of five pounds. 



The commissioners for the afifairs of taxes must 

 annually insert, in one or more of the newspapers in 

 the county, the names and residences of the persons 

 w\bo have procured certificates. 



Trespass. 



This term applies either to qualified or non-qualified 

 persons ; and means literally the entry of one man 

 upon the grounds of another, without the occupier's 

 permission, and doing some damage, however trifiing^ 

 to his real property, for which an action may be 

 brought, and satisfaction obtained according to the 

 extent of the mischief, or the malicious intention 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 plaintiflf shall be allowed no more costs than 

 damages ; unless (see 8 and 9 William and Mary, 

 c. 11) it shall appear that the trespass was wilful 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, 



