320 THE GAME LAWS. 



and took up the hare. Upon the evidence the learned judge 

 was disposed to have nonsuited the plaintiff; but upon the 

 authority of a case, decided by Mr. Justice Lawrence, at Staf- 

 ford, in 1804, in which an unqualified person partaking of the 

 sport in company with one who was qualified, was held not to 

 be protected from the penalty of the statute, he suffered the 

 plaintiff to take a verdict for the penalty of 5/. with liberty to the 

 defendant to move the court and set it aside, and enter a non- 

 suit, if the evidence did not support the charge. Storks accord- 

 ingly moved the court for this purpose, and referred to the case 

 of King v. Newman*, where, upon an information being moved 

 for in this court against magistrates, for having unduly convict- 

 ed two unqualified persons in penalties upon the game laws, for 

 using greyhounds to kill the game, though they offered to prove 

 in their defence that they were out at the time with a qualified 

 person, to whom the dogs belonged, Lord Mansfield expressed 

 a strong opinion against the conduct of the magistrates, and 

 only discharged the rule upon the terms of their paying the whole 

 costs of the application. And in Molton v. Rogersf Lord El- 

 lenborough also gave his opinion, that an unqualified person, 

 joining in the sport with the owner of the dogs, who was quali- 

 lified, was not liable to the penalty. 



King now appeared to shew cause against the rule ; but the 

 court expressing a decided opinion in favour of the defendant, 

 he submitted to it, without further discussion. Lord Ellen- 

 borough, C. J. This is no evidence against this defendant, 

 upon the charge of using a greyhound for killing the game. The 

 dogs belonged to a qualified person, who was out with them at 

 the time. This is not a solitary amusement ; and there is 

 nothing to prevent a qualified person from taking others with 



* Hil. 13. G. 3. Loft's Rep. 178, see Hex v. Taylor, 15. East, 402. 

 f Four Esp. A, P. Cas. 5217. 



