288 THE GAME LAWS. 



A doctor of physic of the English universities is not quali- 

 fied as such. 1 Term Rep. 44. 



The King v. Utley. This was an information before a jus- 

 tice of the peace, and a conviction of the defendant thereon, be- 

 cause he was neither qualified by property, under 22 and 23 

 Car. 2. nor the eldest son of an esquire, or of other person of 

 higher degree, nor within the exemptions of the act. Counsel 

 moved to quash the information for the insertion of the word of. 

 He said, the precedent in Burn, from which this conviction was 

 copied, was faulty and not warranted by law, for the construction 

 put on the words of the statute by inserting the word of, would 

 prevent an esquire, or a knight, or the person superior to an 

 esquire, from being qualified by degree. Buller, J. said, it ap- 

 peared to him > that the legislature had taken it for granted, that 

 an esquire, or other person of higher degree, would of course 

 have sufficient estate to qualify him. Conviction confirmed. 

 1 T. R. 45. 



The lord of a manor, who is worth one hundred and twenty 

 pounds a year, the demesnes of which are granted to another 

 for life, is not thereby qualified to kill game, within the 22 and 

 23 Car. 2. c. 25. ; for the words having an estate, &c, signify 

 an estate in possession. Mallock v. Eastley. 7. Mod. 482. 

 per Abney, justice. This very point was expressly determined 

 in the king's bench upon a very great debate some years ago, 

 where a young gentleman in Essex, who had ninety pounds a 

 year in possession, and one hundred and fifty pounds in reversion, 

 expectant on the death of his mother, was yet held not to be 

 qualified. Ib. 



An estate of the value of one hundred and fifty pounds per 

 annum, holden by the defendant in his own right, under a lease 

 for ninety-nine years, to trustees, if the defendant and others 

 should so long live, is a sufficient qualification to kill game 

 under the stat. 22 and 23 Car. 2. c. 25. s. 3. Earl Ferrers v. 

 Henton. 8 Term Rep. 506. 



