THE GAME LAWS. 285 



to take, kill, or destroy any sort of game whatsoever, without 

 expressly negativing that the defendant had an estate of inheri- 

 tance of the clear yearly value of 1 OO/. in right of his wife, the 

 proceedings will be defective. All the qualifications mentioned 

 in 22 and 23 Car. 2. c. 25. s. 3. must receive an express and 

 specific negative. 



It has been shewn, that a diploma to give a right to sport in 

 England must be conferred either by the university of Oxford 

 or Cambridge. With respect to the evidence which must be 

 given to prove this qualification, we find Lord Kenyon stating 

 an instance within his own recollection where it was relied on, 

 which seems of considerable importance. In that case, the books 

 from the university which contained the act of the corporation 

 conferring the degree were produced in evidence, and holden to 

 be sufficient for the purpose, as being the best kind of proof 

 which the nature of the case afforded. On the other hand it 

 has been holden, that the mere production of a diploma, sealed 

 with a seal purporting to be the seal of a university, and proved 

 only by a witness to the acknowledgments of the parties, where 

 names were affixed to it, of its authenticity, is not sufficient evi- 

 dence to authenticate the instrument, so as to shew that a degree 

 has been actually conferred. At least, an examined copy from 

 the university books should be given in evidence. And though 

 it is not necessary to prove the seal of a corporation in the same 

 manner as that of an individual, by producing the witness who 

 saw it affixed, it must be shewn to be the instrument used by the 

 corporate body whose authority it professes to bear, because 

 otherwise any instrument with a seal to it might be produced as 

 the seal of a corporation. 



Notwithstanding the 44 Geo. 3, c. 54. s. 26. enacts, that all 

 officers in corps of volunteers, having commissions from lieuten- 

 ants of counties, shall rank with the officers of his majesty's re- 

 gular forces, it has been holden, that the statute merely intends 



