GENERAL OBSERVATIONS. 249 



in the eyes of reason and justice, have as good a title 

 to shoot a partridge as a prince of the blood. 



It is yet legally doubted what is meant by " infe- 

 rior tradesmen." In the case of Buxton v. Mingay 

 the question was, whether the defendant, a surgeon 

 and apothecary, not qualified to kill game, came 

 within that description. 



The case was argued several times at the bar; and 

 the judges were equally divided. For the plaintiff it 

 was argued, that amongst tradesmen no line can be 

 drawn with respect to who are superior and who are 

 inferior, but they are all upon an equal footing as 

 tradesmen ; but that the line which the legislature in- 

 tended to draw was between those that were qualified 

 and those that were not ; so that in this respect every 

 tradesman is inferior who is not qualified. For the 

 defendant, it was urged that every case of this kind 

 ought to be determined on its own particular circum- 

 stances, and left to the jury, whether the defendant is 

 an inferior tradesman or dissolute person within the 

 statute. The court being equally divided, no rule in 

 ibis case was made, 2 Wilson, 70. 



But let not the reader suppose that I am advoca- 

 ting the cause of those inferior tradesmen who neglect 

 their families to pursue field sports. There are many 

 poor persons fond of going out occasionally to be 

 spectators of the sports of the field, and return to their 

 work "like giants refreshed ;" and it would surely be 

 extremely severe to sue such ptrsons for trespass, 



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