318 THE GAME LAWS. 



had been given for the plaintiff. Some hounds to which Mr.C. 

 \vas a subscriber started a hare, and run her on the grounds of 

 the defendant, where a labourer caught her alive, whereupon the 

 defendant came up and took her from him, as being found on 

 his land. Mr. Church demanded the hare, which Mr. Sturdy 

 refused to deliver. Mr. Serjeant Lens moved to have a new 

 trial. He contended, that as the hare was not killed by the 

 plaintiff's hounds, no right of action accrued, because no right 

 of possession was vested in the plaintiff, unless either his dogs 

 caught or killed it in running. That with respect to him, it 

 was at all events ferce natures^ and if an action lay at alt^il must 

 have been against the man who had given it to Mr. Sturdy. 

 The court granted a rule, observing, " that the plaintiff was 

 situated pretty much alike with his hounds and with his attorney ; 

 with his hounds he had a death in view, and lost his game ; with 

 his attorney a verdict, and lost his cause. 



At the Stafford spring assizes, 1804?, an action for killing 

 game by coursing, tke defendant not being qualified, Williams, 

 Serjeant, for the plaintiff, insisted, (and in this he was confirmed 

 by Mr. Justice Lawrence) that though a qualified person may 

 take his servant or servants to assist him to kill game, he cannot 

 qualify them to kill it, neither will his presence protect an un- 

 qualified person, not being his servant, who goes for the purpose 

 of taking the amusement of coursing. But if such person take 

 an active part, by beating across the fields, or in open lands, and 

 join in the diversion, in the same manner as a qualified person, 

 he is as much liable to the penalties as if no such qualified person 

 were present. The learned judge observed, that the contrary 

 was the usual practice, but that practice would not alter the law. 



In 1809 was laid before an eminent counsel this query : 

 " Two parties were coursing, and being threatened with an in- 

 formation, though in each of these parties there was one who 

 possessed both a qualification and a certificate, and to whom the 



