THE GAME LAWS. 281 



yearly value of j100; or for a term of life, or having lease or 

 leases of 99 years, or for any longer term, of the yearly value 

 of 3^1 50, other than the son and heir apparent of an esquire, 

 or other persons of higher degree (c) and the owners and keepers 

 of forests, parks, chases, or warrens, being stocked with deer or 

 conies for their necessary use in respect to the said forests, parks, 

 chases, or warrens, are declared to be persons, by the law of this 

 realm, not allowed to have or keep for themselves, or any other 

 person, (d) guns, bows, greyhounds, setting dogs, ferrets, coney 

 dogs, lurchers, hays, nets, low bells, hare pipes, gins, snares, 

 or other engines for the taking and killing of conies, hares, phea- 

 sants, partridges, or other game, but shall be prohibited to have, 

 keep, or use the same. 



The 5 Anne, c. 14-. s. 4. may be regarded as a prop or 

 strengthener to the preceding; by this statute it is enacted, if 

 any person not qualified as before stated, shall keep or use (e) 



all mortages or incumbrances created by the owner, or by those under 



whom he claims Caldccot's Cases, ^30. But an equitable estate of 



that value is sufficient. Ibid. 



(c) Esquires are 1. The younger sons of noblemen and their heirs 

 male for ever. 2. The four esquires of the king's body. 3. The eldest 

 sons of baronets, or knights of the Bath, and knights bachelors, and their 

 heirs male in the right line. A justice of the peace is also an esquire 

 for the time he holds his commission, but no longer. Blount. Persons 

 of higher degree than esquires are colonels, Serjeants at law, and doctors 

 in the three learned prefessions; but nt-ilher esquires, nor any of these, 

 are qualified, unless they have the requisue estate mentioned in the pre- 

 ceding part of the act; though the'r sons are qualified without any es- 

 tate whatever. 1 Term Reports, 44. 



(d) An unqualified person, therefore, cannot keep the dogs of a qua- 

 lified person. 



(e) These words being in the disjunctive, the bare keeping of one of 

 these dogs is an offence, 1 Stra. 496 ; as to the using, ie has been deter- 

 mined, that walking about with an intent to kill game, is a using, within 



this statute. 



2A3 



