GAME, 
In the prefent flate of cs game laws, perfons te 
killin 
ing game, 2 
from the penalties which they aie for 
s by the owners of the 
the v 
fowl, ratione privilegii, ha aalified sends in 
the ; it not being abfclute or permanent, but laft- 
ing only fo lon ne creatures remain within the limits of 
fuch refpe€tive franchiife or hberty, and pores the. pees 
they voluntarily pafs ‘out of it. Rae ge is m 
upon — man’s ground to kill ari _ithoat bate 
liable to an a¢tion of trefpafs ; “aad though the common law 
allows of ne hunting of is kes an beafts of 
g e the : detbroying of 
d upc¢ a public benefit ; yet in this cafe the 
digging and breaking of the od os nner h them is held 
to be unlawful, and the owner of the ground may maintain an 
action of trefwafs. It is held, however, that if a man ftarts 
any game + within his own grounds, and ollows it into 
another’s, and kills it there, the property remains in himfelf ; 
and this is grounded on reafon and natural jultice; for the 
adie @ confifts in the pofleffion, w hich poflefiien com- 
mences by the finding it in his oivn liberty, and is continued 
N 
11 Mod. 75. -Q. 
on a ftranger {tarts game in one man’s 
éhae or free warren, and hunts it to another’s liberty, the 
property continues in the cwner of the chafe or warren; 
this property arifing from privilege, and not aa changed 
Or, if 2 
kills it 
after 
hird per tes 
becanufe the pro 
fecond, becaufe it was not ftarted j in — foil; nen it pas in 
the perfons: who ftarted and killed it, though guilty ofa 
trefpafs againft both the owners. (Tarr L. Raym. 
’ thid.) 
the a 
is deémed neceffar ry 
vifions a geek 
qualification relating to game was eftablifhed by 
“Ric. Tl. flat. 1, cap. 13. w which enaéted that no layman, 
i hath not ae or tenements of 4cs. a year, nor clergy- 
saan without preferment of ro/. a year, fhall keep any grey- 
hound or other dog for hunting, nor ufe ferrets, nets, and 
other engines a Ho 16 Coe oo on pain of a year’s impri- 
fonment. See alfo 16 ie 
neient an relating to game are full in force, it 
=“ as s concifely as poflible, the pro- 
‘city or town, ae at ead 
houfe, under. the like forfeiture, to be divided Between: the 
king and the profecutor. ‘This a@& continues ftill in force, 
Vou. XV. ; 
’ perfon fhall take any partridge or 
the pocr. 
-hare » is repea 
though the obje& of it, which was the me of 
the ufe of the ae doth not now a 
perfon 
med a pica: if he deny ; fhe econ rifefs, he is ‘fnecble at 
oe eral feffions. (1 Hen. VII. cap. a ) This fa. 
on is aes by the Black A@, g Geo. cap. 22. No 
sheafant by nets, &c. on 
the freehold of another perfon, w Henies leave of fe owner, 
under the penalty of ro/, half to him that fues, and half to 
the owner of the ground. 11 Hen. VII. cap. i 
o perfon fhall keep any net, called deer-hays or buck- 
ftalls, on pain of rod. a Hen. VIT. cap. Ir.) 
None fhall break ae an impaled park or inclofed ground 
a > 
and chafe out an any deer, under the paral of rol to 
the party aggrieved, or treble damages and cofts, and finding 
sabia . for feven years. § Blin cap. 21. oe aud 
amen c. Cap. 13. and 7 Jac - 13. any 
spare . what ee or condition foever, thal take, kill, or 
deftroy any pheafants or partridges in the night-time, and 
be conviéted thereof at the affizes, feffions, or “leet, | he fhall 
forfeit for every pheafant 20s. and for every partridge Ios. 
half to him that fhall oe and half to the lord of the'manor. 
all kill or take pheafants or par- 
he nig , 0 
feiture of 20s. for every ae ant,.and Ics. ver 
tridge, 33 Eliz. ee / hunt or hawk with : pele in 
ftanding cern, or bef ked, his own 
nlefs c 
ground, on the enalty a 405. half to the king, a0 he other 
hall ‘0 the proprietor of the ground. 
that 1s convicted of killing or taking a pheafant, per- 
tridge, duck, heron, hare, or other game; or of taking and 
deflroying the eggs of fwans, pheafants, or partrid: e8 5 
all pay 20s. for every fuch fowl, hare, &c. to the aie of ey 
ac. I. aan 27- ‘This act, as far as it relates to 
aled by 48 Geo IIT. cap. 93. 
ery perfon convicted to have kept a grey hound, 
net,’ i. kill or take deer, har re, pheafant, or pa artride ge, unlefs 
he have inheritance in his own right, or the right o of his wife, 
of 16/. per annum, aleafe for life of 3o/. per annum, or be 
worth 200/. in goods, or be the fon ofa knight or. ra or 
the fon and heir apparent of an efquire, and be conviéted 
thereof by confeflion, on oath of two witnefles before two 
jultices, fhall be committed to gaol for three months, unlefs 
for the ufe aforefaid, or after one month aftcr 
d, dog, or 
every sletut & or partridge, half 3 him that will fue, and 
half to the poor. Id. ftat ee . 
next qualification ft te eer and conies only: 
this forbids a perfon not having hereditament of 4o/. a year, 
or a of rl value, ies uf n or bow to kill 
dee ‘rom ing or oe con me dogs, except 
he hath inclofed j eons, “ated for = keeping of deer or 
conies, in which the increafe ofthe conies amounts fo 
year, or be a keeper or ae under the penalty of 
having his guns, nets, &c. liable to be taken way by an 
y 
perfon having lands or hereditaments of oc. a year in fee oo 
for life. - 3 Jac. I. cap. 1 
The lord of a manor, or one having a of oe 
er annum, lives-eftate of 80/. or goods worth 4ool. o 
their fervants licenfed by them, may take pita or ~~ 
| 41 tridges 
