

THE GAME LAWS. 297 



moved for the plaintiff that he should have full costs, on the 

 ground, that the stats. 22 and 33 Car. 2. (which restrict costs 

 in trespass, where the damages are under forty shillings, unless 

 the freehold or title to the land came in question,) did not ex- 

 tend to this action ; in which there could be no question relating 

 to the land, but merely to the free warren. For the defendant 

 it was alleged that title to the land might be so involved with 

 the title to the free warren, that both might come in question. 

 By the court In an action merely for breaking free warren, 

 it is impossible that the title of the soil can ever come in ques- 

 tion ; for though both may concur in one person, yet the title 

 to the free warren is always collateral to that of the land ; for a 

 man may have a free warren in another man's land. Besides, 

 the hare so hunted was the personal property of the owner of 

 the free warren ; and if any injury be done to personal property, 

 that will take it out of the statute, and intitle the plaintiff to full 

 costs. And the rule was made absolute for taxing full costs. 



At the summer assizes at Abingdon, 1802, a cause was tried, 

 Westbrook, gent, of the parish of Bray, (situate in Windsor- 

 forest,) was plaintiff, and a gamekeeper of his majesty's the de- 

 fendant. The action was brought to try the right of the de- 

 fendant, as one of the king's keepers, to kill game within the 

 enclosed grounds of the plaintiff, situate in, and surrounded by, 

 the wastes, commons, and within the boundaries of the said 

 forest. When, without adverting to the laws relative to forests 

 only, (with which the question was totally unconnected,) the 

 court held it good, that the king, possessing a free warren over 

 the whole, possessed likewise the privilege of appointing a keeper 

 to kill game upon any and within every part of the said free 

 warren, without the least exception as to enclosed lands the pro- 

 perty of others. The jury instantly found for the defendant, by 

 which the right is fully confirmed. 



He who hath a free warren may bring trespass against any 



