THE GAME LAWS. 321 



him, to aid him in the pursuit of game, and he is the person 

 using the dogs The others have no use of them further than 

 his servants, and contemplating with him the pleasures of the 

 chase. The learned judge's first thoughts were best. If, indeed, 

 an unqualified man used his own greyhound for the purpose of 

 coursing, though in the company with a qualified man, the case 

 would admit of a different consideration. But there can be no 

 ground for recovering the penalty against this defendant, who 

 went out with the dogs of another, who was qualified, and which 

 other was using them himself. The defendant's picking up the 

 hare after it was killed is no using of the dogs to kill the game. 

 We had occasion to consider this question very lately, in the case 

 of a servant, Rex v. Taylor, 15. East, 463. The other judges 

 agreed ; and Bailey, J. noticed, that the words of the statute of 

 Anne, are keep or use any greyhounds, &c. but this defendant 

 neither kept the dog, nor was it under his control at the time it 

 killed the hare. Rule absolute for entering a nonsuit. 



In 1812, at the Justices' Room, Stafford, an information was 

 brought Fox v. Hill, for using a greyhound to kill game, not 

 being qualified. It appeared, that the defendant and others, 

 were coursing with two greyhounds on Lord Ferrers' land, and 

 that one of the party was his lordship's gamekeeper, whose qua- 

 lification, it was submitted, on behalf of the defendant, extended 

 to the others. The magistrates, however, were of opinion, that 

 though a qualified person is authorized by law to take as many 

 of his servants or other unqualified persons to attend him as are 

 necessary for the purpose of assisting in raising the game, without 

 subjecting them to any penalty ; yet a gamekeeper, who is 

 merely qualified in right of another, has no such authority, his 

 qualification being personal and confined to himself only. The 

 defendant was accordingly convicted. 



An action was brought against a person for entering another's 

 free-warren : the defendant pleaded that there was a pheasant 



