In order to constitute a park, it is necessary, 1. That there be a legal grant ; 2. That it be inclosed with pales, a wall, or with a hedge; and, 3. That there be beasts of chase, such as bucks, does, etc.; because, if these be destroyed, the privilege becomes void.
The best inclosure for a park is doubtless a brick or stone wall; but, as the erection of either is at- tended with great expence, the same purpose may be effected by paling ; which ought to be made of the soundest heart of oak, and firmly fixed in the ground, to prevent any animal of prey from penetrating. To render it more se-cure, it will farther be advisable to train a quickset hedge to a consi-derable height, which should be kept in perfect order : and, if any person be detected in the act of de-facing or injuring walls, pales, or other fence belonging to a park, he is liable, by statute, to the same penalty as is inflicted for stealing and killing deer. Such offences, if committed on a private manor, are punishable as felony ; but, if in one of the royal parks, they are made capital, without benefit of clergy.