THE GAME LAWS* 275 



ther he hunted for the sake of amusement ? If it was merely for 

 amusement, the law does not sanction it. Even in the enjoyment 

 of a man's own property, the maxim of law is, that every rnati 

 must so use his own, as not to injure his neighbours ; if that is 

 the law, with respect to the enjoyment of property, then, un- 

 questionably, as to the enjoyment of an amusement, the principle 

 is doubly applicable, and no one can say, that under the pre- 

 tence of destroying a noxious animal, it is lawful to trespass over 

 every species of property a fox may go through. I should ex- 

 tremely doubt, whether, after starting a fox on one piece of land, 

 persons have a right to follow it on the lands of another, even 

 if they do it, for the destruction of the animal. In Fentham r. 

 Gundry, the judgment of the court proceeded upon the plain- 

 tiff's admitting, that the way taken by the defendant was the 

 only one to destroy the vermin, and therefore the action could 

 not be supported. 



Lord EUenborough said, c * the defendant states in his plea, 

 that the trespass was not committed, for the purpose of the diver- 

 sion and amusement of the chase merely, but as the only way 

 and means of killing and destroying the fox. Now, if you was 

 to put it upon this question, which was the principal motive ? 

 Can any man of common sense, hesitate in saying, that the prin- 

 cipal motive and inducement, was not the killing of vermin, but 

 the enjoyment of the sport and diversion of the chase? and we 

 cannot make a new law, to suit the pleasures and amusements of 

 those gentlemen, who choose to hunt for their diversion. These 

 pleasures are to be taken only, when there is the consent of 

 those who are likely to be injured by them ; but they must be 

 necessarily subservient to the consent of others. There may be 

 such a public nuisance by a noxious animal, as may justify the 

 running him to his earth, but then you cannot justify the dig- 

 ging for him afterwards, that has been ascertained and settled to 

 be law ; but even if an animal may be pursued with dogs, it does 



