286 THE GAME LAWS. 



military rank ; and, therefore, a commission of captain of volun- 

 teers, signed by the lord lieutenant of a county, does not confer 

 the degree of esquire, so as to give to the son of the party, thus 

 commissioned, a qualification to pursue game. 



Kent Assizes* Maidstone, Wednesday, March 16, 1814. 

 Kingsnorth v. Breton and another. 



The Common Serjeant stated, that this was an action against 

 the Rev. Dr. Breton, a magistrate, and Mr. Jemmett, a solicitor 

 of great practice in the county, for causing the plaintiff's dog to 

 be killed. The facts of the case were, that the plaintiff was 

 summoned by Mr. Toke, a magistrate, to attend to answer a 

 charge for keeping a lurcher. He attended accordingly, when 

 the defendant, Dr. Breton, Mr. Toke, Mr. Brett, and two other 

 magistrates were present, Mr. Jemmett acting as their clerk. 

 Some investigation took place, at the end of which Dr. Breton 

 told the plaintiff that he was convicted in the sum of 5/. and that 

 the dog was forfeited, and should be destroyed. A constable 

 of the name of Norley was then called, and desired to destroy 

 the dog ; but he hesitating, Mr. Jemmett repeated the order, 

 and said he would pay him for so doing. Norley then took the 

 dog out into the town of Ashford, where the magistrates were 

 sitting at the Saracen's Head Inn, and he was shot in the market 

 place. The plaintiff borrowed of a friend on the spot the sum 

 of 5/. to pay the fine. 



Mr. Serjeant Best contended, that all this proceeding was 

 warranted under the statute of Queen Anne, in which the Lord 

 Chief Baron concurring, the plaintiff was nonsuited. 



