THE GAME LAWS. 323 



dead ; and in that case the plaintiff undoubtedly had a property 

 in them, and might call them phasianos suos. Anon. 



Molton v. Cheeseley, East. Term, 28 Geo. Ill, 1788. This 

 was an action of debt,* brought to recover from the defendant 

 two penalties of 5 each, under the stat. 5 Ann. 14. The first 

 was, for having a pheasant in his possession, not being qualified. 

 The second was, under another clause of the same statute, for 

 keeping a dog for killing and destroying game. 



When the case was opened, Duller, J. ruled that the plaintiff 

 could go for one penalty only ; for that both offences being by 

 the same act, one penalty only could be recovered. The case 

 then proved on the part of the plaintiff was, that a pheasant had 

 been killed by accident by the defendant's dog, but that he had 

 carried it away. Buller, J. said, that if it appeared that the 

 bird was killed by accident, that was no offence ; and in such 

 case it should be left where it was killed ; but if it was taken 

 away, it subjects the party to the penalty for having game in 

 his possession. The plaintiff therefore recovered one penalty 

 of 5 for this offence. 



In an action qui tam,\ on the game laws, it is sufficient to 

 say, that a person is not qualified generally, without shewing 

 that he had not one hundred pounds a year, or any other estate 

 which makes a qualification. In a conviction it is otherwise. 

 Bluet qui tarn, and v. Needs. 2 Comyn's Rep. 522. 



All penalties on the game laws, sued for in Westminster hall, 



* BY stat. 8 Geo. I. c. 19. \vhenanypersonshallbeliabletoany 

 penalty under the game laws, by conviction before a justice of peace, it 

 shall be lawful for any person either to proceed to recover the said pen- 

 alty, by information before a justice, or to sue for the same by action of 

 debt. 



f- Where qui tarn is mentioned, the penalty is given half to the in- 

 fotmer, and the other half to the poor of the parish, and when the qui 

 tarn is taken away, the whole penalty is given to the informer. 



