G A 
njoi'cover, any fuch gamekeeper (or other perfon being 
thereunto aiithorifed by warrant of one juftice) may in 
tiie day time fearch the lioufes, out-houfes, or other 
places, of any fuch perfon by this ait prohibited to 
keep or ufe tJie fame, as upon good ground (hall be fuf- 
peited to have or keep in his cuftody any guns, bows, 
greyhounds, fetting-dogs, ferrets, coney-dogs, or other 
dogs^to delh'oy hates or conies, hays, tramels, or other 
nets, lowbels, hare-pipes, fnares, or other engines afore- 
faid, and tlie fame may feize, detain, and keep, for the 
life of the lord of the manor or royalty where found or 
taken, or otherwife to cut in pieces or deftroy, as things 
by this act proliibited to be kept by perfons of their de¬ 
gree, 22 & 23 Ciir. II. c. J5, 
And if any unqualified perfon fhall have, keep, or ufe, 
any bows, greyliounds, fctting dogs, ferrets, coney-dogs, 
hays, lurchers, nets, tunnels, lowbels, hare-pipes, fnares, 
or any other inftniments, for the deflruition of fifn, 
fowl, or other game, and fhall not give a good account 
before a juftice, to the fatisfaction of fuch juflice, how 
he came by the fame, or elfe fhall not in fome conve¬ 
nient time (to be let by fuch juliice) produce the party 
of whom he bought the fame, or fome other credible 
perfon, to depofe upon oath fuch fale thereof; he fliall 
forfeit for every offence not under 5s. nor above 20s, 
half to the informer, and half to the poor, by difirefs ; 
for want of difirefs, to be committed to the houfe of 
correition, not more than one month, nor lefs than ten 
days, there to be whipped and kept to hard labour. 
And if any perfon fo produced or charged with the 
faid offence, fliall not before the jufiice give fuch evi¬ 
dence of his innocence as aforefaid, he fhall be convibfed 
thereof in the fame manner as the perfon firfi charged 
therewith, and fo from perfon to perfon till the firfi of¬ 
fender be difeovered. Sc 5 Will. c. 23. And all lords 
of manors or tlieir game-keepers may witiiin their ma¬ 
nors oppofe and refifi fuch offender, in the night time, 
in the fame manner as if the faci; had been committed in 
any ancient chafe, park, or warren, inclofed. And no 
certiorari fhall be allowed to remove any conviiStion, un- 
lefs the party firfi become bound to the profecutor in 
50I. witJi fuch fufficient fureties as the jufiice fhall think 
fit, to pay within a month after the conviction confirmed, 
or procedendo granted, full cofts and charges ; and in 
default thereof, the juftice fliall proceed to the execu¬ 
tion of the conviction. 
But by a fiibfequent ftatute, 5 Anne, c. 14, if any per¬ 
fon, not qualified by the laws of this realm fo to do, 
fhall keep or ufe any greyhounds, fetting-dogs, hays, 
lurchers, tunnels, or any other engine to kill and defircy 
the game, and fhall be thereof convicted on the oath of 
one credible witnefs, before one juftice, he fhall forfeit 
5I. half to the informer, and half to the poor of the pa. 
rifh where the offence was committed, to be levied by 
difirefs and fale of the offender’s goods ; for want of 
diftrefs, to be fent to the houfe of correction for three 
months for the firfi offence, for every otheroffence four 
months.—And any juftice, or lord mi/jh his viaftor, 
may take away fuch dogs, nets, or other engines, which 
fual! be in the power or cuftody of any perfon not qua-’^ 
lified, and may keep the fame to his own ufe without 
being accountable to any perfon for the fame. 
Ca SE of K. y. Newman. Hilary Term, 13 Geo. III.—An 
information was moved for againfta jufiice, for convict¬ 
ing two perfons for ufing greyhounds to defiroy game ; 
’which perfons were tbemfelves unqualified, but w'ere 
out witli a qualified perfon ; which they pleaded in their 
defence, and that the dogs were not their own. The 
jufiice faid he knew it, and thereupon convicted them. 
—On behalf of the juftice, Mr. ferjeant Burland laid, 
that the convicted perfons being by their own evidence 
not qualified, and it not appearing by any evidence ex- 
prefsly that the perfon they were with was a qualified 
gerfon, or that the dogs were (as they afl'erted) not 
theirs, but his, he hoped the information would not be 
M E. SCJ 
granted, ft was further faid, that it hath never been 
adjudged, that.unqualified perfons-, out witli qualified, 
were free from tlie penalty ; nor tlmt it fignified, whe- 
tlier tlie dogs belonged to the qualified man, or to the 
lOthers ; for the being out to vfe' tliem, was fuflicient 
within the ftatute ; or at leaf! it had been much doubled. 
■——L. Mansfield: Let the jufiice pay tlie whole cofts, 
and go before the mafie.r.-Upon wliicli, the ferjeant 
faid, Docs your lordfnip then think them I'uificiemiy 
qualified?-L. Mansfield: Yes; and it is matter of 
tendernefs to take it this way. I know you to be very' 
judicious, and tiiought you led to it. The defence you 
fet up for ti’.e juftice was none; if it had ever been 
thouglit of by iiim. Shall not a gentleman take any 
body out with him, to beat tiie bullies and fee a Jiare 
killed? It appeared alfo on the evidence, tiiat the 
fummons ivas taken out on the Sunday, and that the 
parties afked an hour’s time to go for Mr. Linch, rhe 
gentleman tliey went out with, who, they fay, is worth 
feveral hundreds a-year. It is not pretended on tlie 
otiier fide, but they might have bronglit tliis witne-L in 
three or four hours at longcft. Thi.s (as iiis lordlliip 
added) with fome of the above-mentioned, ivere very 
aggravating circumfianccs ; however, you know tlie 
firengtli of your own cafe : Take it by w..y of infor¬ 
mation.—The ferjeant, however, rhouglic it advife, 
able to defire leave to refer it to the imfiter. Wliich 
was granted accordingly. Lojft. 178. 
In the cafe of Pefliali Layton. . Afir/z. T. 29 Geo III. 
L. Kenyon, Ch.J. faid, that wlicfe feveral unqualified 
perfons offended by going out together and killing- a 
hare, that only one penalty can be recovered, 'lu. :gh 
the profecutor has his election which he will lue. D. & E. 
2 V. 712. 
Alfo in tliecafe of K. v. Bleafdale and anotlier, Trinity 
Term, 32 Geo. III.which wasa convibtionon ^Anne, c. 14. 
for ufing a greyhound to defiroy game without being 
qualified ; for which the defendants were coiivibled in 
3I. each ; which the court, without liearing any argument, 
faid, could not be fupported, for that it was only one 
offence, pnd that the magifirate fhotild only liave con¬ 
victed them in one penalty. And tliey faid that tliis 
point had been feveral limes decided ; in Hardman v. 
Whitacre, Bull. N.P. 189, and in others.—Coavtction 
quaflied. D.&E. 4.V. 809. 
Case of K. v. Marriot, Mick. T. 4 Geo, Thus was a con- 
vidtion for keeping a greyhound; reciting tiiat one Wil. 
liam Tonne came and informed, that the defendant being 
a perfon not qualified to keep a greyhound, did never- 
tliclcfs keep one, and therewith killed feveral hares 
and that he being fummoned did appear, and being 
aficed what he had to fay, offered nothing in exciil'e, and. 
tlierefore the juftice convicted liim. it was objected, 
that the jufiice fhould fet our, why tiie defendant is not 
a qualified perfon, as that he is not the fon of an efqtiire, 
nor has took a-year in his own or hi.s w-ife’s riglit: for 
he ought not to make liimfeli the foie judge, but give 
the rcafons at large. Parker Cii. J. feemed to tliink 
the conviction would be good, having followed tlie words 
of the ftatute, and that if the defendant was qualified, 
he ought to have fhewnit before the juftice, being I'um- 
moned for that purpofe. Eyre J. fiarted an objcetion, 
that it was not the juftice tiiat had taken upon liim to 
fay the defendant was not qualified ; but only tlie wit¬ 
nefs;'for tlie conviefion runs, that the witnefs being 
fworn faitii, lliat the defendant, being a perfon no way (qua¬ 
lified, did fuch a day keep a greyhound; fo chat ic ap¬ 
pears, the witnefs has given the law to the jufiice, and 
takes upon Jiimfelf to judge of the defendant’s qualifi¬ 
cation, and the juftice is only made ufe of as an iiifiru- 
ment, to reduce the opinion of the witnefs into a convic. 
tion. By Parker Ch. J. The being not qualfied Ihould be 
the conclufion of the jufiice, and not tlie words of the 
witnefs; for he ought not to fwear generally a man is 
not qualified, and fuch a general proof will not be good s 
litis 
