

287 



ADJUDGED CASES. 



It has been determined that the clause in the stat. 22 and 23 

 Car. 2. c. 25. relative to qualification by freehold estate, termi- 

 nates with the words per annum ; and that a life estate, being of 

 an inferior quality, ought to be coupled with leasehold, whereof 

 one hundred and fifty pounds a year is necessary to constitute 

 a qualification. A clergyman's benefice is a life estate. Lowndes 

 0. Lewis. Caldecott's Cases, 188. 



A person having an estate of one hundred and three pounds 

 a year, mortgaged a part of it to the value of fourteen pounds a 

 year, which being copyhold, was surrendered to the mortgagee, 

 who was thereupon admitted tenant, but never entered on the 

 premises, the mortgager continuing in possession and paying 

 interest. It was held that the mortgager, under these circum- 

 stances, was not a qualified person. Wetherall v. Hall. Cal- 

 decott's Cases, 230. 



In the case of Jones v . Smart, after much argument it was 

 decided, that a diploma conferring the degree of doctor of phy- 

 sic, granted by either of the universities in Scotland, does not 

 give a qualification to kill game under stat* 22 and 23 Car. 2. 

 c. 25. and that an esquire, or other person of higher degree as 

 such, is not qualified under that act, though the son of an esquire, 

 or the son of other person of higher degree, is qualified. 1 Term 

 Rep. 44. 



It is remarkable, that on this construction a son who holds 

 a qualification in the right of his father, may be deprived of it 

 by succeeding to his father in the estate, if under the required 

 value ; and the son, during his father's life, may for the same 

 reason be qualified in right of an unqualified father. Lofft's 

 Gild. Evid. 1125. 



