until one said that he was satisfied i:.
Cour; held the righting unlawful and i' ■
parties guilty of an assault and batterv
and in a very able and well considered .min- ■
" ’Th-' common law recognizes as not ner
e-sarily unlawful certain maun si,ol -, d.
culate i 1., give bodily strength, skill -m l
activity, and "to til peopl, f. r ffi-r.ni- pm,
lie as well as personal, in time of n,-, <1 •
I laying at cudgels or foils or v. r, stiii;"
by consent, there being no motive to do
bodil.v harm on either side ar.- said to )■•■
ever, ises of this description. Fo-i •’ '
2A-2':o. Com. Dig. I’l ad. n,. ix. Lut prize
lighting, box,ng matches and encounters of
tha; kind serve no useful purpose, tend to
breaches of the peace and are unlaw fu!
even wli-n entered into by agreement and
without auger or natural ill will Fost <’
L. 2Gii, 2 Gr.-unl. on Ev. Section 85 ,1 Steph"
N. I*. 211. If one parly license another jiar
ty to beat him such license is void be
cause it is against the law Mattle w- vs.
< *ll'’i t<>ii. Comb. 21S. In an notion for as-j
sault the defendant attempted to put in
evidence that the plaintiff and he had
boxed by consent, but ii was held no |
to the action, for boxing- was unlawful
and the consent of the parties to fight
could not ex use the injury. Boulter vs.
Clark, Dull. N. ]’. lit, 'the same rule was
laid down in Stout vs. Wren, 1 Hawks (N.
