THE GAME LAWS. 5 



moned by Mr. Toke, a magistrate, to attend to an- 

 swer a charge for keeping a lurcher. He attended 

 accordingly, when the defendant, Dr. Breton, Mr. 

 Toke, Mr. Brett, and two other magistrates were pre- 

 sent, Mr. Jemmett acting as their clerk. Some in- 

 vestigation took place, at the end of which Dr. Bre- 

 ton told the plaintiff that he was convicted in the 

 sum of 5/., and that the dog was forfeited, and 

 should be destroyed. A constable of the name of 

 Norley was then called, and desired to destroy the 

 dog; but he hesitating, Mr. Jemmett repeated the or- 

 der, and said he would pay him for so doing. Norley 

 then took the dog out into the town of Asliford, 

 where the magistrates were sitting at the Saracen's 

 Head Inn, and he was shot in the market-place. 

 The plaintiff borrowed of a friend on the spot the 

 sum of 5Z. to pay the fine. 



Mr. Serjeant Best contended, that all this proceed- 

 ing was warranted under the statute of Queen Anne, 

 in which the Lord Chief Baron concurring, the 

 plaintiff was nonsuited. 



Gamekeepers or any other persons may, by war- 

 rant of a justice of the peace (22 and 23 Car. II. c. 

 25), on proper information, search the houses or other 

 places of unqualified persons, and seize and keep for 

 the use of the lord or lady of the manor, or destroy, 

 any dogs, nets, engines, &c., as before expressed. 



The 1st of James I. c. 27, inflicts a penalty of 

 20s. (to the poor), or three months' imprisonment, 

 as well as two sureties in 20/. each, for shooting or 



