APPENDIX. 171 



By the statute as regards trespass, an exception in favour 

 of hunting or coursing is made, so long as the trespasser is in 

 fresh pursuit of any deer, hare, or fox ; but this right does 

 not extend so far as to enable any one to beat for a hare, 

 but only to pursue it when started in other land, when the 

 courser has found it. (Sec. 35.) 



An appeal to the Quarter Sessions is given against any 

 conviction for trespass ; and there is a proviso in the act, that 

 any person charged with trespass shall be at liberty to prove, 

 by way of defence, any matter, which would have been a 

 defence to any action at law for such a trespass. (Sec. 30.) 



By a very general error, it is supposed that the game 

 belongs in all cases to the tenant, under the late act, and 

 that he can permit or discharge any one from killing it. 

 That a tenant or occupier may warn persons in ordinary 

 cases off his land there can be no question ; but if for the 

 purpose of killing game under the authority of the landlord 

 (by virtue of the 7th section of the Act) they go upon the 

 land, the tenant cannot interfere ; if he could, the landlord's 

 right would be defeated. On the other hand, where any 

 lessor or landlord has the right to the game, in exclusion 

 of the tenant, the tenant is liable to a penalty for killing 

 it, or permitting any other person to do so, without the 

 landlord's authority. (Sec. 12.) B 



DECOYS. As these ponds are maintained at great cost 

 and trouble, the law looks upon them as property engaged 

 in trade, and affords the same protection to the proprietor 

 of a decoy that it does to an individual occupied in any 

 calling of skill or industry. 



a As the extent of the privilege of free warren is not generally 

 known, it may be well to state, that it is confined to the hare, the 

 rabbit, the pheasant, and the partridge. 



