304 THE GAME LAWS. 



suffered judgment to go against him by default, the case came 

 before the Sheriff at Preston, upon a writ of inquiry, when the 

 jury, after a full investigation of the circumstances, gaye the 

 plaintiff ^20 damages, besides the costs. 



If a gamekeeper shoot an unqualified person's dog, who there- 

 upon shoots the gamekeeper's, and behaves insolently, the judge 

 will direct very considerable damage. 2 Atkyn's Rep. 190. 



Although by stat. 22 and 23 Car. II. c. 25. s. 2* a game- 

 keeper (so authorised) may search for dogs and engines, and 

 seize the same for the use of the lord, or destroy them ; yet it 

 hath been adjudged, that an authority from the lord of the manor 

 is not of itself sufficient for this purpose, but that he ought to 

 have a warrant from a justice of peace. Comberbach 183. Car- 

 penter c. Adams. At least it may be safe to have such a war- 

 rant, especially if any houses are to be entered and searched; 

 for it would be to allow too great a stretch of power to game- 

 keepers, to permit them, in their vigilant discretion, to search 

 whatever houses or places they should think proper ; as also to 

 constitute them judges, whether the person falling under their 

 suspicion is or is not qualified to kill game. 



Rogers v. Carter. The plaintiff being gamekeeper within 

 the manor of Ringwood, in beating for game within the said 

 manor sprung a covey of partridges, which he shot at within the 

 said manor. They took a second flight, and he pursued them 

 out of the manor, but could not find them. As he was return- 

 ing to the manor of Ringwood, he was met by the defendant, 

 who asked if he had a qualification ? The plaintiff answered, I 

 have a deputation from the lord of the manor of Ringwood. 

 The defendant replied, you are now out of the manor ; and de- 

 manded his gun, and took it from him. The plaintiff did not 

 shoot out of the manor, but was three quarters of a mile out of 

 the manor with his gun and dog, with an intention to shoot at 

 game. By the court. The question is, whether the defendant 



