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GAM EJ 
evidence would not be fo ftrong as this. Here the juf- 
tices had a better evidence than the oath of any Tingle 
v/itnefs ; and it is a monftrous thing to fay, that a bet¬ 
ter fort of evidence fliall not do. i Str. 546. 
Case of K. v. Stone, M. 2 Geo. II.—A conviction 
was quafhed, becaufe the informer was the witnefs, di¬ 
vers convictions having been quaflied for the fame reafon 
before. zLd.Kaym.isA-S. The fame adjudged in the cale 
of K. ti. Blaney, Trin.T. iiGeo. II. Andr. z/\.o. And in 
the flatiUe of the 2 Geo. III. c. 19, it is recited, that in 
prolecutions on the aCf of 8 Geo. c. 19, in the courts at 
Weftminfter, where a part of the penalty is given to the 
poor of tJie paridi, the inhabitants of fuch parifli had 
been difallowed to give evidence ; and therefore in that 
Cafe, to remedy the fame, the aCt gives the whole pe¬ 
nalty to the profecutor, in order to enable the inhabi¬ 
tants to give evidence. 
Case of Indictm ent . K. n. Buck, HU. T. 12 Geo.— 
It was moved to quafli the indiElmcnt for killing a hare, 
this not being a matter indiCtable, the ftatute appoint¬ 
ing a fummary proceeding before juftices of the peace; 
and a cafe was cited, K. v. James, T. i Geo. v here an 
indictment for keeping an alehoufe was quaflied, becaufe 
the llatute of the 3 Car. c. 3, had directed a particular 
remedy. And by the court : The indictment mufl be 
quaflied. 2 Str. 679. 
Case of n. Matthews, Trf. T. lO Anne.—On a con¬ 
viction exception w'as taken, that the perfon was charged 
with fo many five pounds as he had killed hares in the 
fame day. And the court w'as of opinion that the of¬ 
fence for which the ftatute gave the forfeiture, was the 
keeping dogs and engines, and not killing the hares. 
If a man not qualified goes a hunting, and kills never 
fo many hares on the fame day, he would forfeit but 
one 5I. for it is but one offence ; but if a man keeps 
dogs, and goes a hunting feveral days and kills hares, 
if It was thus laid, that he fuch a day kept dogs, and 
killed, and then again fuch a day, by laying it thus fe- 
verally, the offence is fevered, and he fliall forfeit 5I. 
for each offence. 10 Mod. 26. 
So in the cafe of Marriott). Shaw, EaJlerT. 4 Geo. where 
the defendant was convicted, that upon fuch a day he 
kept and ufed a greyhound to kill and deftroy the game 
at fuch a place, that on the fame da))-he kept and ufed 
a greyhound to kill and deftroy the game at another 
place, and fo at a third place, and killed feveral hares 
at the faid feveral places ; it was adjudged by the court, 
that this being all done on the fame day, was only one 
oft'ence ; for this ftatute does not give 5I. for every hare ; 
but only fays, if any unqualified perfon fliall keep or 
life any greyhound, or the like, to kill and deftroy the 
game, he fliall forffit jl. Com. R. 274. 
Where the offence was committed. —In fome 
fituations a man may ftand in one parifli (or county), 
and fliqot into two or three : in fuch cafe the place 
where the offence was committed is, where the party 
Jlood when he fliot, and not where the object was which 
he fliot at. S/iou). 339. K. v. Alfop, Mic/i. T. 3 Will. 
Case of K. v. Burchet, Trin. T. 9 Geo.—The court or¬ 
dered an attachment (unlefs caufe fliewn) againft the 
town-clerk of Guildford, and a defendant convicted on 
the game aft, for granting and filing out a replevin of 
goods diftrained for the penalty. But on fliewing caufe 
the nei^t term, when Eyre J. only was prefent, he dif- 
charged the rule, becaufe it was only a contempt to the 
inferior jurifdiCtioii of the juftices, and in that cafe the 
kijig’s-bencli never interpofes. 1 Str. 367. 
But in the cafe of the king againft the fheriff of Lei-' 
cefterfliire and others, Mick. T. 2 Geo. II. an attachment 
was moved for againft the defendants,for replevying three 
horfes, which were feized as forfeited upon a jultice’s 
v/arrant, they being driven in a waggon contrary to act 
of parliament. The court, though they would not 
grant an attachment, yet made a rule to fliev; caufe why 
an information lliould not go. And on fliewing caufe, 
the court thought there was enougii to excufe the fiie- 
rift ; but granted it againft Parfons, whofe horfes were 
feized, becaufe he knew that the juftices had granted 
this warrant; but it did not appear that the Iheritf did. 
I Barnardijl. no. 
And inthecafeofK.D.Monkhoufe, £ry?. r. 16 Geo. II. 
The court granted an attachment againft the under flie- 
rift' of Cumberland, for granting a replevin of goods 
diftrained on a convidfion for deer ftealing. 2 Str. 1184. 
Case of Felthamt). Tarry, Eaft. T. 13 Geo. III.—The 
defendant levied money by feizing and felling the plain¬ 
tiff’s goods, on a juftice’s warrant founded on a convic¬ 
tion. Which conviftion was afterwards quaflied. And 
it was holden, that an action for money had and re¬ 
ceived then lay for the clear money produced by the 
falc of the goods. Bull. Ni. Pri. 131. 
Case of Hill&. Bateman, Trin. T. 12 Geo. Before Ray¬ 
mond Ch. J. at W'eftmiiifter.—The defendant Bateman, 
being a juftice of the peace, had convifted the plaintiff 
for deftroying game, and though (as it was proved) the 
plaintiff had effedts of his ov/n which might have been 
diftrained, which were fufficient to anfwer the penalty 
he had incurred, yet the defendant fent him immediately 
to Bridewell, without endeavouring to levy the penalty 
upon his goods: and an action of trefpafs and falfe im- 
prifoiiment being brought againft Bateni ui for this com¬ 
mitment, the chief juftice was of opinion that the aJtion 
well lay. 2 Str. 7 lO. 
A conviction on the 4th feft. of the ftat. 5 Anne, 
c. 14, for keeping a dog and gun to kill game, without 
being duly qualified, muft be_ made within three months 
after the offence committed; and if the hearing of the 
matter be adjourned over that time, though with the 
confent of the defendant, a conviftion afterwards is bad. 
K. V. Tolley, 3 EaJl'sR. 467. 
And [no] certiorari fliall be allowed to remove the 
conviftion or other proceedings on ibis aft, unlefs the 
party convifted fliall before the allowance thereof be¬ 
come bound to the profecutor iii^ol. with fuch fureties 
as the juftice fliall tliinkfi', to pay full coftsand charges 
in fourteen days after the conviction [confirmed], or 
procedendo granted. And in d fault thereof, the juftice 
fliall proceed in execution of the conviction in fuch man¬ 
ner as if no certiorari had been awarded. 5 Anne, c. 14. 
The word [«o] is inlerted inftead of the words \,if any'\ 
which are in the aft, fince that word feemeth neceffary 
to make up the fenfe ; and the word {_conJirmed'\ is added 
for the like reafon. And indeed there have been too 
many inadvertencies in the drawing up of this att; for 
there is falfe grammar in no fewer than fix places, be- 
fides other miftakes. 
By the yearly mutiny aft, if any officer or foldier fliall, 
without leave of the lord of the manor under his hand 
and leal, deftroy any hare, coney, pheafant, partridge', 
pigeon, or other fowl, poultry, or nih, or his majefty’s 
game, and be convicbed thereof, on oath of one witnefs, 
before one juftice; every officer fo otffending lhall forfeit 
5I. to the poor; and the commanding officer upon the 
place, for every oft'ence committed by any foldier under 
his command, fliall forfeit 20s. in like manner. And if, 
upon conviiition by the juftices, and demand thereof 
made by the conftable or overfeers of the poor, he fliall 
not in two days pay the faid penalties, he Jkall farfeit his 
commijfion. 
This claufe, though enafted by the legiflature for tlje 
bell of purpofes, that of preventing ofticeryin the army 
from being eftranged from their duty by the fports of ' 
the field; yet, in its operation, it is liable to bear ex¬ 
tremely hard upon a moft meritorious clafs of men, em¬ 
barked under every peril of their lives for 'he defence 
and glory of their country. Had this prohibition been, 
tempered with fome fuch words as while on duty, or, on 
a marchf or, under orders for embarkation, or, dvring ike 
alarm 
