THE GAME LAWS. 319 



dogs that run belonged. Your opinion is requested, whether 

 those persons who were neither qualified nor certificated are 

 liable to any penalty, notwithstanding they were in company 

 with a qualified man ? and if they are so liable, can there be more 

 than two penalties recovered, or will separate penalties attach on 

 each individual ?" Answer. " I think that each person is not 

 guilty of a separate offence, nor liable to a separate penalty ; but 

 the offence committed by each party is one joint offence only, 

 (supposing them all to be unqualified) for which they are liable 

 to one penalty for each party ; that is, two penalties for both 

 the parties using the dogs, not being qualified, Each person 

 may be guilty of a separate offence, for coursing without a cer- 

 tificate, who can be deemed to be a person, who, on that occasion, 

 uses any of the dogs without a certificate. But the mere joining 

 in the sport with a qualified or certificated person, who has the 

 use and command of the dogs and of the sport, is not such a 

 using of them, by the person so joining, as to subject him to 

 any penalty." 



And this opinion has been confirmed to be right by the fol- 

 lowing case : 



Lewes v. Taylor. East's Term Reports, Trinity Term, 52d 

 Geo. III. This was an action of debt, for penalties upon the 

 game laws, tried at the last Aylesbury assizes, before Heath, J 

 One count, charged the defendant for the penalty of 51. upon 

 the stat. 5 Anne, c. 14. for using<i greyhound to kill game, not 

 being qualified. In support of which, it was proved, that W. 

 Goldby, a farmer, who was, by his own estate, qualified to kill 

 game, went out with greyhounds and other dogs to course and 

 kill hares : that the defendant, who was not qualified, was in 

 company with Goldby when he coursed and killed a hare ; that 

 the defendant took an active part in the sport, by beating the 

 bushes, in order to find a hare ; and after the hare had been killed 

 by a greyhound, he alighted from his horse, went over a gate, 



