104 THE MASTIFF DURING ELIZABETH'S REIGN. 



It is no justification in trespass for killing a mastiff, that he 

 run violently upon the defendants dog and bit him ; but the 

 defendant should state further, that he could not otherwise 

 separate the mastiff from his dog. i Saund, 84. 



If a person hunt up'on the ground of another, such other 

 person cannot justify killing his dogs, as appears by 2 Roll, 

 Ahr. 567. But this was overruled in the case of \Vadhurst 

 v. Damme. Cro. Jac 44. It was held that a warrener may 

 justify killing a mastiff dog in the warren pursuing conies to 

 prevent his destroying them, and so if a dog run after deer. 

 3, Lev. 28. 



