Penalty for Trespass in Day-time in His Majesty's Forests. What to be deemed Daytime. The Provisions as to Trespassers not to apply to Persons hunting, &c. Game may be taken from Trespassers not delivering up the same when demanded. Application of Offences against this Act. with the Costs of the Conviction; which said Penalty shall be in addition to and independent of any other Penalty to which any such Person may be liable for any other Offence against this Act. XXXIII. And be it enacted, That if any Person whatsoever shall commit any Trespass by entering or being, in the Day-time, upon any of His Majesty's Forests, Parks, Chases, or Warrens, in search or pursuit of Game, without being first duly authorized so to do, such Person shall, on Conviction thereof before a Justice of the Peace, forfeit and pay such Sum of Money, not exceeding Two Pounds, as to the Justice shall seem meet, together with the Costs of the Conviction. XXXIV. And be it enacted, That for the Purposes of this Act the Day-time shall be deemed to commence at the Beginning of the last Hour before Sunrise, and to conclude at the Expiration of the first Hour after Sunset. XXXV. Provided always, and be it enacted, That the aforesaid Provisions against Trespassers and Persons found on any Land shall not extend to any Person hunting or coursing upon any Lands with Hounds or Greyhounds, and being in fresh Pursuit of any Deer, Hare, or Fox already started upon any other Land, nor to any Person bona fide claiming and exercising any Right or reputed Right of Free Warren or Free Chase, nor to any Gamekeeper lawfully appointed within the Limits of any Free Warren or Free Chase, nor to any Lord or any Steward of the Crown of any Manor, Lordship, or Royalty, or reputed Manor, Lordship, or Royalty, nor to any Gamekeeper lawfully appointed by such Lord or Steward within the Limits of such Manor, Lordship, or Royalty, or reputed Manor, Lordship, or Royalty. XXXVI. And be it enacted, That when any Person shall be found by Day or by Night upon any Land, or in any of His Majesty's Forests, Parks, Chases, or Warrens, in search or pursuit of Game, and shall then and there have in his Possession any Game which shall appear to have been recently killed, it shall be lawful for any Person having the Right of killing the Game upon such Land by virtue of any Reservation or otherwise, as hereinbefore mentioned, or for the Occupier of such Land, (whether there shall or shall not be any such Right by Reservation or otherwise), or for any Gamekeeper or Servant of either of them, or for any Officer as aforesaid of such Forest, Park, Chase, or Warren, or for any Person acting by the Order and in aid of any of the said several Persons, to demand from the Person so found such Game in his Possession, and in case such Person shall not immediately deliver up such Game, to seize and take the same from him, for the Use of the Person entitled to the Game upon Land, Forest, Park, Chase, or Warren. such XXXVII. And be it enacted, That every Penalty and Forfeiture for any Offence against this Act (the Application of which has not been already provided for) shall be paid to some one of the Overseers of the Poor, or to some other Officer (as the convicting Justice or Justices may direct) of the Parish, Township, or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or or Place shall be situate, whether the same shall or shall not contribute to such general Rate; and no Inhabitant of such County, Riding, or Division shall be deemed an incompetent Witness in any Proceeding under this Act by reason of the Application of such Penalty or Forfeiture to the Use of the said general Rate as aforesaid. pay XXXVIII. And be it enacted, That the Justice or Justices of the Peace by whom any Person shall be summarily convicted and adjudged to pay any Sum of Money for any Offence against this Act, together with Costs, may adjudge that such Person shall the same either immediately or within such Period as the said Justice or Justices shall think fit, and that in default of Payment at the Time appointed such Person shall be imprisoned in the Common Gaol or House of Correction (with or without hard Labour), as to the Justice or Justices shall seem meet, for any Term not exceeding Two Calendar Month where the Amount to be paid, exclusive of Costs, shall not amount to Five Pounds, and for any Term not exceeding Three Calendar Months in any other Case, the Imprisonment to cease in each of the Cases aforesaid upon Payment of the Amount and Costs. Time for Payment of Penalties, and Scale of Imprisonment for Nonpayment. XXXIX. And be it enacted, That the Justice or Justices of Form of Conthe Peace (as the Case may require) before whom any Person viction. shall be summarily convicted of any Offence against this Act may cause the Conviction to be drawn up according to the following Form of Words, or in any other Form of Words to the same or the like Effect; (that is to say,) to wit. } BE it remembered, That on the in the Year of our Lord at Day of at in the County of [or Riding, Division, Franchise, Liberty, City, &c. as the Case may be], A. O. is convicted before me J. P. One [or us J. P. and J.J. P. Two, as the Case may require,] of His Majesty's Justices of the Peace for the said County [or Riding, &c.], for that he the said A. O. did, on kill [or take] Game, [or did use a Dog, &c. for the Purpose of killing Game], he the said A. O. not being authorized so to do for Want of a Game Certificate, contrary to the Statute in such Case made and provided [or did, here specify any other Offence, and the Time and Place when ' and where the same was committed, as the Case may be]; and I [or 'we] do adjudge that the said A. O. shall for the said Offence 'forfeit the Sum of [or we do adjudge that the said 'A.O. shall for the said Offence forfeit the Sum of being after the Rate of for every Head of Game so, &c., or for every Egg so, &c.], and shall forthwith pay the said Sum, together with the Sum of for Costs; and that in default of immediate Payment of the said Sums, he the 'said A.O. shall be imprisoned [or imprisoned and kept to hard Labour] in the of for the Space of unless the said Sums shall be sooner paid; [or and I [or we] order that the said Sums shall be paid by the said 'A.O. on or before the Day of ' default of Payment on or before that Day I [or we] adjudge the 'said A.0. to be imprisoned [or imprisoned and kept to hard and in Labour] Power to sum Penalty for Labour] in the of for the Space of (i. e. the unless the said Sums shall be sooner paid]; and 'I [or we] direct that the said Sum of • to ́ [or J. P. and J. J. P.]' XL. And be it enacted, That it shall be lawful for any Justice mon Witnesses. of the Peace to issue his Summons requiring any Person to appear before himself, or any One or Two Justices of the Peace, as the Case may require, for the Purpose of giving Evidence touching any Offence against this Act; and if any Person so summoned shall neglect or refuse to appear at the Time and Place appointed by such Summons, and no reasonable Excuse for his Absence shall be proved before the Justice or Justices then and there present, or if any Person appearing in obedience to such Summons shall refuse to be examined on Oath touching any such Offence by the Justice or Justices then and there present, every Person so offending shall, on Conviction thereof before the said Justice or Justices, or any other Justice or Justices of the Peace, forfeit and pay such Sum of Money, not exceeding Five Pounds, as to the convicting Justice or Justices shall seem meet. Time for Proceedings, and Mode of enforcing the Appearance of Offenders. Prosecutor not required to prove a Nega tive. XLI. And be it enacted, That the Prosecution for every Offence punishable upon summary Conviction by virtue of this Act shall be commenced within Three Calendar Months after the Commission of the Offence; and that where any Person shall be charged on the Oath of a credible Witness with any such Offence before a Justice of the Peace, the Justice may summon the Party charged to appear before himself, or any One or Two Justices of the Peace, as the Case may require, at a Time and Place to be named in such Summons; and if such Party shall not appear accordingly, then (upon Proof of the due Service of the Summons by delivering a Copy thereof to the Party, or by delivering such Copy at the Party's usual Place of Abode to some Inmate thereat, and explaining the Purport thereof to such Inmate,) the Justice or Justices may either proceed to hear and determine the Case in the Absence of the Party, or may issue his or their Warrant for apprehending and bringing such Party before him or them, as the Case may be; or the Justice before whom the Charge shall be made may, if he shall have Reason to suspect from Information upon Oath that the Party is likely to abscond, issue such Warrant in the first Instance, without any previous Summons. XLII. And be it declared and enacted, That it shall not be necessary, in any Proceeding against any Person under this Act, to negative by Evidence any Certificate, Licence, Consent, Authority, or other Matter of Exception or Defence; but that the Party seeking to avail himself of any such Certificate, Licence, Consent, Authority, or other Matter of Exception or Defence, shall be bound to prove the same. XLIII. And XLIII. And be it enacted, That the Justice or Justices of the Convictions to Peace before whom any Person shall be convicted of any Offence be returned to punishable upon summary Conviction under this Act shall trans- Sessions. mit every such Conviction to the next Court of General or Quarter Sessions of the Peace for the County, Riding, Division, Liberty, Franchise. City, or Town wherein the Offence shall have been committed, there to be kept by the proper Officer among the Records of the Court. XLIV. And be it enacted, That any Person who shall think Appeal. himself aggrieved by any summary Conviction in pursuance of this Act may appeal to the Justices at the next General or Quarter Sessions of the Peace to be holden, not less than Twelve Days after such Conviction, for the County, Riding, Division, Liberty, Franchise, City, or Town wherein the Cause of Complaint shall have arisen, provided that such Person shall give to the Complainant a Notice in Writing of such Appeal, and of the Cause and Matter thereof, within Three Days after such Conviction, and Seven clear Days at the least before such Sessions, and shall also either remain in Custody until the Sessions, or within such Three Days enter into a Recognizance, with a sufficient Surety, before a Justice of the Peace, conditioned personally to appear at the said Sessions, and to try such Appeal, and to abide the Judgment of the Court thereupon, and to pay such Costs as shall be by the Court awarded; and upon such Notice being given, and such Recognizance being entered into, the Justice before whom the same shall be entered into shall liberate such Person, if in Custody; and the Court at such Sessions shall hear and determine the Matter of the Appeal, and shall make such Order therein, with or without Costs to either Party, as to the Court shall seem meet; and in case of the Dismissal of the Appeal, or the Affirmance of the Conviction, shall order and adjudge the Offender to be dealt with and punished according to the Conviction, and to pay such Costs as shall be awarded, and shall, if necessary, issue Process for enforcing such Judgment. XLV. And be it enacted, That no summary Conviction in pur- No Certiorari, suance of this Act, or Adjudication made on Appeal therefrom, &c. shall be quashed for Want of Form, or be removed by Certiorari or otherwise into any of His Majesty's superior Courts of Record; and that no Warrant of Commitment shall be held void by reason any Defect therein, provided it be therein alleged that it is founded on a Conviction, and there be a good and valid Conviction to sustain the same. of XLVI. Provided always, and be it enacted, That nothing in this Act contained shall prevent any Person from proceeding by way of Civil Action to recover Damages in respect of any Trespass upon his Land, whether committed in pursuit of Game or otherwise, save and except that where any Proceedings shall have been instituted under the Provisions of this Act against any Person for or in respect of any Trespass, no Action at Law shall be maintainable for the same Trespass by any Person at whose Instance or with whose Concurrence or Assent such Proceedings shall have been instituted, but that such Proceedings shall in such Case be a Bar to any such Action, and may be given in Evidence under the General Issue. XLVII. And This Act not to preclude Actions for TresDouble Proceedings for the same Trespass. pass, but no Venue, &c. in against Persons this Act. Tender of Act not to ex tend to Scotland or Ireland. XLVII. And for the Protection of Persons acting in the Execution of this Act, be it enacted, That all Actions and Prosecu. tions to be commenced against any Person for any thing done in pursuance of this Act shall be laid and tried in the County where the Fact was committed, and shall be commenced within Six Calendar Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause thereof, shall be given to the Defendant One Calendar Month at least before the Commencement of the Action; and in any such Action the Defendant may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Defendant. XLVIII. And be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland. SCHEDULES. FORM OF LICENCE. AT a Special Session of the Justices of the Peace of the County of in the Year Justices acting for the said We on the being assembled at the said Special Session, do hereby authorize and empower A. B. of [here insert the Name, Description, and Place of Residence, and, if more than One in Partnership, say, C. D. of, &c. and E. F. of, &c. being Partners,] being a Householder [or Householders], [or Keeper (or Keepers) of a Shop or Stall, as the Case may be], to buy Game from any Person authorized to sell Game by virtue of an Act passed in the Second Year of the Reign of King William the Fourth, intituled "An Act to amend the Laws in England relative to Game;" and we do also authorize and empower the said A. B. [or C. D. and E. F. being Partners] to sell at his [or their] House [Shop or Stall] any Game so bought, provided that the said A. B. [or C. D. and E. F. being Partners] shall affix to some Part of the Outside of the Front of his [or their] House [Shop or Stall], and shall there keep, a Board having thereon in clear and legible Characters his Christian Name and Surname, [or their Christian Names and Surnames,] together with the following Words, Licensed to deal in Game.' This Licence will expire on Justice of the Peace. SCHE |