GAME LAWS. 429 



It is somewhat extraordinary, among so many opulent 

 people who have been thus robbed, that no one should 

 have ever set a trap for some of these worthies. Be- 

 cause nothing could be more easily done, by risking a 

 few useless dogs, and expending a little money, without 

 which, of course, no business can be executed in a work- 

 manlike manner. A quarto volume might be filled with 

 anecdotes, specimens of the " march of intellect" the 

 fruits of " a little learning" under this head. But, 

 having now relieved our attention from the dry subject 

 of the law, by a momentary glance at the manoeuvres of 

 the lawless, (and I trust a sufficient one to make young 

 sportsmen look sharp after their dogs, now that the 

 season is approaching), I will proceed with my other 

 gleanings from the chaos of technical jargon. 



TRESPASS. 



A qualified person shall pay no more costs than damages, unless 

 the latter exceed 40s., or the judge certify, on the back of the record, 

 that the trespass was wilful and malicious*. 



Unqualified persons t are liable to pay full costs, with the smallest 

 damages, although their trespass may not be wilful. 



An unqualified person may accompany one sporting, who is duly 

 qualified, provided he has neither gun nor dogs of his own, or does 

 not aid and assist in killing game. A servant, however, may beat 

 bushes, &c. for his master. 



* It is a very general mistake to suppose that a judge never could 

 " certify," unless the person had been first warned off, and that it 

 is impossible to recover costs from a qualified man, unless he had 

 been previously served with a notice. This, however, is not the 

 case ; for, if it could be proved that the defendant had trespassed 

 wilfully, the judge might, if he chose, certify for full costs, though 

 the defendant had never been regularly warned off, and the damage 

 should even be under 40-y. 



t Query, if this does not extend only to inferior tradesmen, &c. ' 



