THE GAME LAWS. 277 



whose ground it was killed, this property arising rations toil. 

 Lord Raym. 251. 



Moreover, if, having been started on another person's ground, 

 it be killed on that of a third person, it will belong neither 

 to him on whose ground it was started, nor to him on whose 

 ground it was killed, but to the person who killed it, though he 

 be guilty of a trespass on the grounds of both the other persons. 



But if a stranger starts game in the chase or free warren of 

 another man, and hunts it into the liberty of another, the pro- 

 perty will continue in the owner of the chase or warren, and the 

 keeper may pursue and retake it; for whilst the keeper pursues 

 it, it does not in law pass into a new liberty. 



On the 12th of May, 1782, the following question of law was 

 determined in the Court of Common Pleas, viz* one gentleman 

 brought an action against another, for trespassing upon the 

 waste of his manor, by remaining there after notice to quit. 

 Upon the trial it was insisted that the waste was not that kind 

 of property, as to be so strictly sacred from a trespass as a manor ; 

 but it was over-ruled by the court. 



At the summer assizes held at Bury, 1804, two causes were 

 decided before Mr. Justice Heath and Special Juries, in which 

 Lord Rous was plaintiff, and Sir Henry Smyth, Bart, and Wil- 

 liam Gill, Esq. two gentlemen of considerable property in 

 Essex, were defendants, for a trespass upon the land of his lord- 

 ship, after the parties had received from him a written refusal to 

 a note requesting permission to shoot, and after a verbal notice 

 had been given them by his lordship's gamekeeper to leave the 

 premises. The Judge, after animadverting upon the improper 

 conduct of these gentlemen, informed the Jury that he should 

 certify upon the record that the trespasses were wilful and mali- 

 cious, which would entitle the plaintiff to his costs, in conse- 

 quence of which the Juries gave nominal damages only. This 

 decision will correct a very mistaken notion, that no trespass can 

 2 A 



