such order therein as shall to them seem just; and if they award a sum of money to be paid, the same is recoverable by warrant of distress, with costs, upon the goods of the person upon whom the order is made. 49 G. 3. c. 125. s. 1.

Upon complaint of relief being refused to any member, two justices may award such sum of money to be paid to him as shall appear to them to be due, and 10s. for costs. R. by distress. Ibid. s. 3.

Orders of justices are to be made upon the principal officers of the society by name (or any one or more of them), and served upon them, or left at their places of abode' Ibid. s. 4.

In cases of complaints of widows and children, justices to have jurisdiction. 59 G. 3. c. 128. s. 15.

FRUIT.-See ORCHARD.

GAME.

Of the Qualification and Certificate.

No person, not having lands or tenements of the clea yearly value of 100l., or on leases for lives, or for ninety-nine years or upwards, of the clear yearly value of 150l., or except the eldest son and heir of an esquire or person of higher degree, or owners of forests, parks, &c. in respect of such forest, park, &c. is qualified to keep, for himself or any other person, guns, bows, greyhounds, &c. 22, 23 C. 2. c. 25. s. 3.

This statute merely states the qualification; the penalties and modes of proceeding are entirely changed by subsequent acts; and first, by 5 An. c. 14, which directs, that al former acts not thereby repealed and altered, shall continue in force.

1

Every higler, chapman, victualler, carrier, &c. who shall have in his possession any hare, pheasant, partridge, moorgame, &c. or offer to sell any such (except sent by a person qualified to kill game), P. 5l. for each piece. R. distress, and in default commitment three months. J. 1. W. 1. 5 An. c. 14. s. 2.

Persons not qualified keeping or using dogs, or using engines, &c. to destroy game, P. 5l. R. as above. A. half to the informer, half to the poor.-Justices, lords of manors, and game-keepers, may take away the game, dogs, guns, &c. ; and game-keeper selling or otherwise disposing of such game without consent of the lord of the manor, P. three months imprisonment. Conviction as above. Ibid. s. 4.

One justice may issue his warrant to search, in the daytime, the houses, &c. of any unqualified person suspected of keeping or using any dog, &c. to kill game, and seize all prohibited things discovered there. 22, 23 Car. 2. c. 25. s. 2.

If several unqualified persons go out together, only one penalty can be inflicted for one act. 2 Term Rep. 712.

And one penalty only can be incurred in one day, though many hares be killed on that day. 10 Mod. Rep. 26.

One justice may issue his warrant to search houses, &c. of suspected unqualified persons for game, and if any be found, P. from 5s. to 20s. 1 J. 1 W. R. by distress, or commitment from ten days to one month, and whipped. A. half to the informer, half to the poor. 4 & 5 W. c. 23. s. 3.

Persons, whether qualified or not, buying game, P. 51. for every hare, &c. bought. A. half to the informer, half to the poor. On conviction within six months. 1 J. 1 W. R. distress, with costs. 58 G. 3. c. 75. s. 1.

Killing game in the night, i. e. between seven at night and six in the morning, from Oct. 12 to Feb. 12; and between nine at night and six in the morning, from Feb. 12 to Oct. 12, or at any time on a Sunday or Christmas Day, P. from 107. to 20l. for the first offence, and from 20l. to 30l. for the second.

Conviction as above, to be within one month. 13 G. 3. c. 80. s. 1. 2. 3. 9.

In case of a third offence, P. commitment to the sessions, unless he become bound with two sureties to appear. Prosecutor to be bound to prosecute. Ibid. s. 1.

Application of penalties, half to the informer, half to the poor. R. distress, and in default commitment three calendar months. Ap. sessions. Ibid. s. 4.

Every person using a gun, dog, &c. to destroy the game, must take out a certificate, for which he shall pay 31. 3s. P. 201. J. 1. W. 1. (such justice being a commissioner.) R. distress, or in default commitment for three calendar months, or till paid. A. half to the informer, half to the king; but if not prosecuted within six months the whole to the king. Ap. sessions. Justices may mitigate penalty to not less than half and costs.-Gamekeeper to take out a certificate, for which he shall pay 1l. 1s.; under same penalties and regulations. 52 G. 3. c. 93. s. 12. 13.

Of game properly so called, including Pheasants, Partridges, black and red Game, and Hares.

Killing or having in possession any partridge, between Feb. 1 and Sept. 1, or any pheasant between Feb. 1 and Oct. 1, P. 51. for each bird. R. action in the courts of Westminster. 2 G. 3. c. 19. 39 G. 3. c. 34.

Killing or having in possession any black game, from Dec. 10 to Aug. 20 (in new forest and counties of Somerset and Devon, from Dec. 10 to Sept. 1, by 43 G. 3. c. 34. and 50 G. 3. c. 67), or any red game, from Dec. 10 to Aug. 12; or bustard, from March 1 to Sept. 1, P. 10l. to 20l. first offence, and 20l. to 30l. for every subsequent offence. R. distress and sale, if not forthwith paid, and the offender may be detained till the return of the distress, unless he gives security to appear again in five days; for want of distress,

commitment from three to six calendar months, or till paid with costs. Information to be within three calendar months. J. 1. W. 1. A. half to the informer, half to the poor. Ap. sessions, to be holden within four calendar months after the cause of complaint, giving fourteen days notice to the justice and every other person concerned, and entering into recognizance, with one sufficient surety, to try the appeal and abide the order of the court. 13 G. 3. c. 55. s. 1. 2. 3. 4. 9. 10.

No person to kill in the counties of Somerset and Devon any heath fowl, commonly called black game, between Dec, 10 and Sept. 1. P, as above. 50 G. 3. c. 67.

Tracing or coursing hares in the snow, P. 20s. for every hare. A. to the poor, or commitment to county jail for three months, or unless, &c. 2 J. 2 W. 2 Jac. 1. c. 27.

Killing hares in the night, P. 57. A. half to the informer, half to the poor. 1 J. 1 W. 9 Anne, c. 25. s. 3. And see 13 G. 3. c. 80. s. 1. 2. 3. 4. 9. 10.

Buying or selling hares, P. 10s. for every offence. A. half to informer half to poor. 2 Jac. 1. c. 27. s. 4.

Killing hare or coney in night-time in any warren or ground lawfully used for breeding or keeping of hares or conies; misdemeanor. 7 & 8 G. 4. c. 29. s. 30.

Killing in day-time any hare or coney in any such warren or ground, or selling or using therein any snare or engine for taking of hares or conies. 1 J. P. not exceeding 51. Not to extend to taking conies on sea bank, &c. in Lincoln. Id. Ibid.

DEER.

Coursing, hunting, snaring, or taking away, or killing, or wounding, or attempting to kill, &c. any deer in the enclosed part of any forest, chace, or purlieu, or in any enclosed land wherein deer are usually kept: felony, transportation for seven, or imprisonment not exceeding two

years; if a male, whipped in addition. 7 & 8 G. 4. c. 29. s. 26.

Coursing, &c. in uninclosed part of any forest, &c. 1. J. P. not exceeding 50l.; subsequent offence, felony. Id. ibid. Suspected persons found in possession of any deer, or the head skin or other part thereof, and not satisfactorily accounting for same, P. not exceeding 201.; and justice empowered to summon every person through whose hands such deer, &c. shall appear to have passed; and if party from whom same was first received shall not satisfy justice that he came lawfully by the same, he shall on conviction be liable to payment of sum last mentioned. Id. ibid.

Setting engines for taking deer, or pulling down park fences.

1 J. P. not exceeding 20l. Id. ibid.

Deer keepers, &c. may seize the guns, &c. of offenders, who, on demand, do not deliver up same. Id. ibid.

If offender beat or wound any person, &c. entrusted with care of deer, or his assistants in execution of this act, felony, transportation not exceeding seven, or imprisonment not exceeding two years; if a male, whipped in addition. 7 & 8 G. 4. c. 29. s. 29.

RABBITS.

Taking or killing in the night-time any coney in any warren or ground used for breeding or keeping of conies, whether inclosed or not; misdemeanor. 7 & 8 G. 4. c. 29. s. 30.

Taking or killing in day-time any coney in any such warren or ground, or at any time setting or using therein any snare or engine for taking of conies. 1 J. P. not exceeding 51. Not to extend to taking or killing in day-time conies on any sea bank, &c. in Lincoln. Id. ibid.

PIGEONS.

Killing, wounding, or taking any house dove, or pigeon, under such circumstances as shall not amount to larceny at