308 THE GAME LAWS. 



quash the inquisition, because the justices of the peace have no 

 authority to set a fine upon a man for such offence. For the 

 statutes 22 and 23 Car. 2. c. 25. s. 4>. give treble costs and 

 damages, but no fine. And the statute 4< and 5 Will, and Mary, 

 c. 23. extends only to game, which cannot be extended to rabbits 

 kept in a private warren. And of this opinion was the whole 

 court, and therefore the inquisition was quashed. 1 Ld. Ray- 

 mond, 151. 



If the lord hath a right to put conies upon the common, and 



by an excess in number surcharges the common, and by the 

 number of burrows made by the conies, prevents the commoner's 

 cattle from depasturing the common ; an action in such case is 

 the proper remedy, and the tenant may not of his own accord 

 fill up the burrows and remove the nuisance. Cooper v. Mar- 

 shall, 1 Burr. 259; 



Conies in a warren shall go to the heir, and not to the exe- 

 cutor. Co. Lite. 8. 



