THE GAME LAWS. 317 



Lord Albemarle v. Brooke. This was an action tried at the 

 Norfolk assizes, for the recovery of penalties under the game 

 Jaws, to the amount of 700/. The defendant is a poulterer and 

 wholesale dealer in game, at Thetford, represented to be con- 

 nected with the poachers and gamekeepers in his own neighbour- 

 hood, on the one hand, and with the poulterers in Leadenhall- 

 market, on the other. The interception of his commerce had 

 created as much alarm in Leadenhall- market as the stagnation 

 of the trade between this country and the north of Germany had 

 occasioned amongst the merchants at the royal exchange- The 

 defendant had the means, as a poulterer, of carrying on this trade 

 to a great extent, and with much facility. On the 7th of De- 

 cember last, he brought to the waggon-office, at Thetford, three 

 baskets, called flats, one of which weighed two cwt. ; on the road 

 this flat was removed to make room for more luggage, and on 

 its removal, part of the game fell out of it, namely, four par- 

 tridges, two pheasants, and two hares. The witness on the part 

 of the plaintiff, to prove this fact, and the delivery of the flat 

 into the waggon by the defendant, personally, was the waggoner. 

 An attempt was made to discredit his testimony, but it did not 

 succeed. Lord Ellenborough observed, that having game in 

 one's possession, not being qualified, was sufficient evidence of 

 an exposure to sale, to bring the party within the penalties of the 

 act. Verdict for plaintiff, damages 40/. being 51. for every head 

 of game which had fallen out of the basket. 



In Scotland, the case of the Earl of Hopetoun v. Wright, 

 after very serious discussion before the supreme court of ses- 

 sion, was thus settled, that no tenant, whatever may be the en- 

 durance of his lease, is entitled to be considered as a qualified 

 person, so as to shoot game, even on his own farm, without the 

 permission of his landlord. 



Church v. Sturdy. This was an action tried at the Exeter 

 assizes, 1811, to recover the value of a hare, wherein a verdict 



