276 THE GAME LAWS. 



not follow, that fifty or sixty people have, therefore, a right to 

 follow the dogs, and trespass on other people's lands. I cannot 

 see what it is, that is contended for by the defendant. The 

 only case which will at all bear him out, is that of Fentham v. 

 Gundry ; if it be necessary, I should be glad that that case should 

 be fully considered. I have looked into the case in the year 

 book. 12 Hen. 8. pi. 9. That seems to be nothing more than 

 the case of a person, who had chased a stag from the forest into 

 his own land, where he killed it, and on an action of trespass 

 being brought against the forester, who came and took the stag, 

 he justified, that he had made fresh suit after the stag, and it 

 was held, that he might state that he was justified, and the plain- 

 tiff took nothing by his writ. This is the case upon which that 

 of Fentham v. Gundry is built, but it is founded only on an obiter 

 dictum of Justice Brooke, and it does not appear to me to be 

 much relied on ; but even in that case, it is emphatically said by 

 the judge, that a man may not hunt for his pleasure or his profit, 

 but only for the good of the common weal, and to destroy such 

 noxious animals as are injurious to the common weal. There- 

 fore, according to this case, the good of the public must be the 

 governing motive." The Jury, under his Lordship's direction, 

 found a verdict for the plaintiff. 



A word or two on the legal property which qualified persons 

 have in the game of which they are in pursuit may not be alto- 

 gether uninteresting; indeed, they are indispensably necessary. 

 In general, it continues so long only as the game remains within 

 the limits of the manor or liberty of the owner; yet it is held, that 

 if after having been started upon a person's own grounds, it be 

 pursued and killed on those of another, it will nevertheless be the 

 property of him who started it, because the possession which he 

 gained by finding it within his own liberty is continued by the 

 immediate pursuit. 11 Mod. Rep. 75. But if it is started on 

 another mans ground, and killed there, it will belong to him on 



