298 THE GAME LAWS. 



but the owner of the soil for hunting there. 2 Ro. 111. 550. 

 2 Salk. 637. 



A person may have a warren in another's land, for one may 

 alien the land and reserve the franchise ; but none can make a 

 warren, and appropriate those creatures that are fcrce natures , 

 without license from the king, or where a warren is claimed by 

 prescription. 8 Rep. 108. 11 Rep. 87. 



No one can make a warren in his own land without the king's 

 license, because he cannot appropriate to himself feres naturae, 

 which are nullius in bonis. 11 Co. c. 87. 2 Inst. 199. 



A warren may lie open, and there is no necessity of enclosing 

 it, as there is of a park. 4? inst. 318. 



But a man cannot prescribe for a warren in the lands of a 

 stranger, which are not within his seignory. 2 Rol. 265. c. 

 52. 



And if the king grants B. a warren within his manor, he shall 

 have it only in the demesnes, not in the land of the freeholders. 



BUYING AND SELLING GAME. 



It is enacted by the 5th of Anne, c. 14. s. 2. that if any 

 higler, chapman, carrier, innkeeper, victualler, or alehouse- 

 keeper, shall have in his possession any hare, pheasant, partridge, 

 moor or heath game (unless where such carrier is transporting 

 such game for a qualified person) or shall buy, sell, or expose for 

 sale, any such hare, &c. such offending person shall forfeit the 

 sum of five pounds : and the oath of one witness shall be a suffi- 

 cient conviction half the penalty to the informer, and the other 

 half to the poor of the parish : to be distressed for, if necessary ; 



