278 THE GAME LAWS. 



be deemed wilful or malicious, unless a formal written notice be 

 previously delivered ; and proves, that the mere entering another 

 person's land, without consent, constitutes a trespass, and will 

 entitle the plaintiff to a verdict, although no damage be actually 

 sustained. 



A qualified person cannot justify committing trespasses in the 

 lands of any other person without his consent, whether such 

 person be or be not lord of a manor. If he commit a trespass 

 upon land in possession of any other person, he is liable to an 

 action of trespass, let the damage be ever so small, which I sup- 

 pose is the reason of giving notice, in order to entitle the plain- 

 tiff to full costs ; but this notice will not entitle any person 

 thereto, but he who gives the notice, though plaintiff be tenant 

 to the person who gives it, and no person but the occupier of 

 the lands can maintain action of trespass ; and he may maintain 

 trespass against any person entering thereon, and if notice hath 

 been given to keep off, the person coming on afterwards will be 

 a wilful trespasser * ; and his looking for game will be no de- 

 fence, though I should think that pursuing it (as hares by hounds 

 after starting) would be defence, but even this is much doubted. 

 CASE. The plaintiff in an action of trespass was lord of the 

 manor, defendant had freehold property in the same manor, and 

 was entitled to common of pasture and turbary ; he had received 

 notice not to treepass on the moors belonging to the manor, 

 for the purpose of hunting, shooting, &c. ; the question was, 

 whether, after the above notice, defendant could lawfully enter 

 and kill game upon the commons and waste lands within the 

 manor? 



* If it appears on the trial that the trespass, however small, was com- 

 mitted after notice, and the Jury gives less than forty shillings damage*, 

 the judge is bound under the stat. 8 and 9 Will, 3. c. 1 1. s. 14. to certify, 

 that the trespass was wilful and malicious, in order to entitle the plain- 

 tiff t hi* full costs. 6 Term Rep. 11. 



