424 THE GAME PRESERVER'S GUIDE. 



further restricts my remarks, as it will be necessary to show 

 the sportsmen of the three countries the position in which 

 they stand. 



THE ENGLISH GAME LAWS. 



To the general reader, for whom alone these remarks are 

 intended, it may be necessary to premise, that offences of all 

 kinds are punishable by the common law, which is dependent 

 iipon the practice of the courts, and is unwritten ; and also 

 by statute laws, which from time to time have been made by 

 the Acts of our Parliament. In the case of game there are 

 several of the latter kind now in existence, as the Game 

 Law of 1831; the law permitting the killing of hares; the 

 law regulating certificates, &c., &c. Now, if it happens 

 that the punishment for an offence is clearly provided for by 

 the statute law, there is no difficulty, and comparatively 

 little expense ; but if, on the contrary, the common law must 

 be had recourse to, an action must be brought in the ordinary 

 courts, and a heavy outlay is required. Sometimes the proof 

 of an act having been committed required by the two laws 

 is quite different as in the case of trespass, which, by the 

 common law, is committed by a person who remains upon a 

 road, but sends his dog into the fields to beat to him. This 

 offence, however, does not come under the definition of the 

 3rd and 4th William IV., c. 32, which demands an actual 

 " being upon the soil" of the person of the trespasser. The 

 mere damage done in the trespass is also generally so trifling, 

 and the proceedings at common law are so expensive, that 

 few people like to have recourse to it; and in my opinion, if 

 an offence is not clearly made out by one of the statutes 

 made to apply to such cases, it is better under ordinary 

 circumstances to put up with the consequences. 



The experience of the last twenty-five years tells us that the 

 present law is by no means as satisfactory as it might be 

 made; but while there is so strong a feeling against any 

 game law, as there is now in a large section of the people, 

 it is dangerous to make the attempt to alter it. If, however, 

 the task should be forced upon the Legislature ; or if, at any 

 future time, the Government should feel strong enough to 

 carry a new bill, the following suggestions, made by Colonel 



