GAME. 
elarm of invafion, &e, no hardflilp or particular feverity 
could be coin, lained of. But as the law now ftandsf 
officers in the army, while in cantonmems, in barracks, 
in winter quarters, or even on leave of abfence at their 
own homes, and on their own eftates, be their qualifi¬ 
cations in rank or fortune wliatever they may, appear, 
by the mutiny a£l, to be retrained from fliooting, hunt¬ 
ing, courfins, or killing game, in any kind of way what- 
foever, without beinu,' amenable to informers and for¬ 
feitures.—This will alfo appear the more unreafonable, 
when it is recolledfed that officers in the navy are not 
reftritled from thefe recreations, either by the Articles 
of War, or any other code by which the nautical difci- 
pllne is regulated- 
Of game found on CARRIERS, HIGLERS, and 
UNOUAUFIED PERSONS. 
By fiat. 4 and 5 Will. c. 23, the confiable, authorifed 
by a juftice’s warrant, fiiall enter into and fearch (in 
fuch manner and with fuch power as in cafes where 
goods are ftulen, or fufpedfed 10 be fiolen) the houfes, 
out-houfes, or other places belonging to fuch houfes, of 
fufpeiTcd perfons not qualified ; and if any hare, par- 
tridg -, pheafant, pigeon, fiffi, fowl, or other game, ffiall 
(upon fuch fearch or otherwife) be found, the offender 
lhall be carried before a juflice ; and if fuch perfon do 
not give a good account how he came by the fame. Inch 
as fhall fatisfy the faid juflice, orelfe fliall no'^, in fome 
convenient time to be fet by the juflice, produce tlie 
party of whom he bought the fame, or fome other cre¬ 
dible perfon to depofe upon oath fuch fale thereof, he 
fhall be convifled by the faid juflice of fuch olience, 
and upon fuch conviflion fhall forfeit for every hare, 
partridge, pheafant, fifh, fowl, or other game, any fum 
not under 5s. and not exceeding 20s. half to the in¬ 
former, and half to the poor by diflrefs; for want of 
•hflrefs,. to be committed to the houfe of corredtion not 
more than one month, nor lefs than ten days, there to. 
be whipt and kept to hard labour. 
And if any perfon fo produced, or charged with the 
faid offence, fliall not before the juflice rive-fuch evi-^ 
dence of his innocence as aforefaid, he fhall be convidtcd 
thereof in the fame manner as the perfon fin'l charged 
therewith, and fo from perfon to perfon till the firfl of¬ 
fender is difcovered. And no certiorari fliall be allowed 
to remove any convidlion, unlefs the party firfl become 
bound to the profecutor in 50I. with fuch fufficient 
fureties as the juflice fhall think fit, to pay within a 
month after the convidlion confirmed, or procedendo grant¬ 
ed, full cofls and charges; and in default thereof, the 
juflice to proceed to the execution of tlie convidlion. 
If any higler, chapman, carrier, innkeeper, vidlualler, 
or alehoufekeeper, fhall have in his cuflody or polfef- 
fion, or fhall buy, fell, or offer to fell, any hare, phea¬ 
fant, partridge, moor, heath-game, or groufe, unlefs 
fuch game in the hands of fuch carrier be fent up by 
fome perfon qualified ; (or, if any perfon whatfoever, 
WHETHER qualified OR NOT, fhall fell, cxpofe, or 
offer to fale any hare, pheafant, partridge, moor, heath- 
•garne, or groufe, 28 Geo. II. c. 12,) he fliall be carried 
before a juflice where the offence is committed ; and 
being convidled thereof (in three months after the of¬ 
fence) on view, or oath of one witnefs, he fliall forfeit 
for every hare, pheafant, partridge, moor, heath-game, 
or groufe, the f um of 5I. half to the informer, and half 
to the poor, by diflrefs ; for want of diflr.fs, to be com¬ 
mitted to the houfe of corredtion ibr the firfl offence 
three months, and for every other oitence four months. 
And no certiorari ihall be allowed to remove the con- 
vidlion or other proceedings, unlefs the party convidled 
fliall, before ihe allowance thereof, become bound to 
the profecutor in 50I. with fucii fureties as the juflice 
fhall (hiiik fit, 10 pay full cofls in fouiteen days after 
the convidlion confirmed, or procedendo granted. And 
in default th reof the juflice fhall proceed in execution 
- Vox.. VIII. No. 4^,8. 
£29 
of the convidlion, in fuch manner as if no certiorari had 
been awarded. 5 Ame, c. 14. 
And if any hare, pheafant, partridge, moor, heath- 
game, or groufe, fliall be found in the fliop, lioufe, or 
poffeffion of any poulterer, falefman, fiflimonger, cook, 
or paflry-cook, or of any perfon not qualified in his own 
right to kill game, or entitled thereunto under fome 
perfon fo qualified, it lhall be deemed anexpofing there¬ 
of to fale. 9 Anne, c. 25. 28 Geo. II. c. 12. 
And any juflice of the peace, and lord within his ma¬ 
nor, may take away any fuch hare, pheafant, partridge, 
moor, heath-game, or groufe, or any other game, from 
any fuch higler, chapman, innkeeper, viclu lUer, or car¬ 
rier, or any other perfon not qualified, which lhall be. 
found in his cuflody or pofleffion. 5 Anne, c. 14. 
And any perfon that fliall deflroy, fell, or buy, any 
hare, plieafant, moor, heath-game, or groufe, and fhall 
in three months make dlfcovery of any higler, chapman, 
carrier, innkeeper, alehoufekeeper, or vidlualler, that 
hath bought or fold, or ofl'ered to buy or fell, or had in 
their poireflion, any hare, pheafant, partridge, moor, 
heath-game, or groufe, fo as any one fliall be convidh- 
ed ; fuch difeoverer fhall be difcliarged of the pains and 
penalties liereby eiiadled for killing and Idling fuch 
game, and fhall receive the fame benefit as any other 
informer. 
And whereas great mifehiefs do enfue by inferior 
tradefmen, apprentices, and other diffolute perfons, 
negledling their trades and employments, who follow 
hunting, fifliing, and other game, to the ruin of them- 
felves and damage of their neighbours ; therefore if any 
fuch perfon lhall prefume to hunt, hawk, fifh, or fowl, 
(unlefs in company with the mailer of fuch apprentice 
duly qualified,) he fliall not only be fubjedt to the other 
penalties, but if he be profecuted for trefpafs, in coming, 
on any perfon’s land, and'be found guilty, tli. plaintiff 
fhall not only recover damages againll him, but full 
cofts.. 4,and 5 Will. c. 23, f. 10. 
The words “inferior tradefmen,” feem to extend to 
every tradefman not qualified to kill game. 2 Tidd's 
PraB. 887. But in Buxton v. Mingay, Trin. T. 30 and 31 
Geo. 11 . In the common pleas. The plaintiff declared, 
that the defendant being an inferior tradefman, viz. an 
apothecary, fuch a day committed trefpafs in hunting 
ill the plaintilf’s dole. On a trial at the aflizes, a ver¬ 
dict was found for the plaintiff, with is. damages, and 
40s. cofls; fubjedt to the'opinion of the court, upon a 
cafe made, which Hates, tliat it was proved at tlie trial, 
that the defendant at the time of the trefpafs was a fur- 
geon and an apothecary, and not qualified to kill game 
that on fuch a day he was hunting with divers others 
not qualified, in company with a perfon who. was pro¬ 
perly qualified to kill game, and committed>a trefpafs 
in the plaintilf's dole. The queltion for the conlide- 
ration of the court was. Whether upon the facts above 
Hated the defendant fliall be deemed an inferior tradel- 
man within the meaning of the flaiute > This cafe was 
argued feveral times at the bar; and the judges were 
equally divided. For the plaintiff it was argued, that 
among tradefmen no line can be drawn with refpeit to 
who ar. fuperior and who are inferior, but they are all 
upon an equal footing as tradefmen; but that the line 
which the legiflature intended to draw was between 
thole that were qualified, and thofe that were not: fo 
that in this rcfpedl every tradefman is inferior who is 
not qualified. For the defendant it was urged, that 
every cafe of this kind ought to be determined on its 
own partieular circumflances, and left to the jury, whe¬ 
ther the defendant is an inferior tradefman or dillblute 
perfon within the llatute. The court being equally di¬ 
vided, no rule in this cal’e was made, nor has lince been 
made. 2 Wilfon, 70. [Indeed the word inferior feenis to 
be applicable rather to the man than to the trade-, fo as 
that two perfons of the fame trade may be one aya/^erwr 
and the other an inferior tradelman. ] 
3N 
Of 
