whom he bought it, &c. he shall be convicted of fuch Offence by the said Justice, and forfeit for every Hare, Partridge, &c. or other Game, any Sum not under 5 s. or exceeding 20 s. one Moiety to the Informer, and the other to the Poor of the Parish where the Offence was committed, to be levied by Distress and Sale of his Goods; and for want of Distress, shall be sent to the House of Correction for any Time not exceeding a Month, nor less than ten Days, there to be whipt and kept to hard Labour. 40 5W. & M. c. 23.

If Persons not qualified by Law, do keep or use any Dogs, Nets, Snares, or other Instruments for Destruction of Game, and shall be convicted as aforesaid, they shall be subject to the Pains and Penalties aforesaid: And if any inferior Tradesman, Apprentice, or other diffolute Person, shall hunt, or hawk, &c. (unless in Company with the Mafter of such Apprentice qualified by Law) they are liable to the Penalties of this Act, and may be sued for Trespass in coming upon any Person's Ground, and Damages. Soldiers killing Game without Leave, shall forfeit 51. an Officer, and 10 s. a Soldier. Ibid.

By the 5 Ann. cap. 14. If any Higler, Chapman, Carrier, Inn-keeper, Victualler, or Alehouse-keeper, have in his or their Custody any Pheasant, Hare, Partridge, Moor, Heath-Game, or Growse, every such Higler, &c. (except the Game be sent by fome Person qualified to kill it) shall be carried before some Justice of Peace, and upon View or Oath of the Offence, shall forfeit for every Hare, Pheasant, &c. 5 1. to be divided between the Informer and the Poor of the Parish, and levied by Distress by Warrant of the Justice; for want of which, the Offender shall be committed to the House of Correction, for the first Offence for three Months without without Bail, and for every other Offence four Months.

The like Pains and Penalties are infitted upon Persons keeping or using any Greyhound, Dog, Net or Engine to destroy the Game, not being qualified: But the Conviction must be in three Months after the Offence; and if any Person who shall destroy, fell or buy any Hare, Pheasant, Partridge, &c. shall within three Months make Difcovery of any Higler, Chapman, Inn or Alehousekeeper, or Victualler, that hath bought, fold, or offered, or had the fame in Possession, so as one be convicted of such Offence; the Discoverer shall be discharged of the said Penalties, and receive the same Benefit for his Discovery as other Informers.

Justices of the Peace within their Liberties, and the Lords of Manors within their respective Manors, may take away any Hare, Pheasant, &c. or other Game, from such Higler, &c. and Persons not qualified to kill the same, found in their Custody; and also may take away such Dogs, Nets, and Engines, to their own Use. And any Lord of a Manor may impower his Game-keeper to kill any Game whatsoever; but if the Game-keeper, under Colour of such Power to kill or take for the Use of the Lord, fell or dispose thereof without his Consent or Knowledge, upon Conviction of the Offence before a Justice of Peace on the Lord's Complaint, such Game-keeper shall be committed to the House of Correction for three Months, and be kept to hard Labour.

By 9 Ann. c. 25. the Statute of 5 Ann. is made perpetual; and no Lord of a Manor shall appoint more than one Game-keeper in one Manor, with Power to kill the Game; whose Name shall be entred with the Clerk of the Peace, and he shall give him a Certificate thereof, paying 1 s. and if

any Game-keeper, not having his Name thus enter'd, or who is not otherwise by Law qualified to kill Game, shall kill any Hare, Pheasant, Partridge, Oc. or if any other Person, not qualified in his own Right, shall fell, or expose to Sale, any such Hare, Pheasant, Partridge, Moor, Heath-Game, or Growse, he shall for every Offence incur such Forfeitures as are inflicted by the said Act on Higlers, Carriers, Inn-keepers, &c. for buying, selling or having in their Cuftody any Game.

And if any Hare, Pheasant, &c. shall be found in the Shop, House or Poffefssion of any Person not being qualified in his own Right to kill Game, or intitled thereunto by some Person qualified, the same shall be adjudg'd an Exposing to Sale: And where any Persons shall take, kill or destroy Hares, Oc. in the Night-time, they shall likewise be fubject to the same Forfeiture, to be recovered in the same Manner as prescribed by the aforesaid Act.

If any Person shall between the first Day of July and the first of September in any Year, by Hays, Tunnels, or other Nets, drive and take away any Wild Fowl of any Kind, in the Molting Season, the Offender being convicted thereof before one Justice of the Peace where the Offence shall be done, and by the Oath of one credib'e Witness, shall forfeit 5 s. for every Fowl, one Moiety to the Informer, the other to the Poor, to be levied by the Justice's Warrant, by Distress and Sale of the Offender's Goods; and for want thereof, to be committed to the House of Correction for a Time not exceeding one Month, nor less than fourteen Days, there to be whipt and kept to hard Labour. And the Justice shall cause such Hays and Nets to be seised, and destroyed in his Presence.

The Act 3 Geo. 1. c. 11. ordains, that no Lord or Lady of a Manor shall appoint any Person to be

a

a Game-keeper, with Power to take or kill any Hare, Pheasant, Partridge, or other Game, unless fuch Person be qualified so to do by the Laws of this Realm, or be truly a Servant to the said Lord or Lady, or immediately employ'd by them to kill the Game for their sole Use; and no Lord or Lady shall authorize any Person, not qualified by Law, to keep or use any Greyhounds, setting Dogs, Hays, Lurchers, Guns, Tunnels, or any other Engines to destroy the Game: And any Perfon that is not fo qualified, or not being a Servant of any Lord, who under Pretence of any Deputation to him granted shall take or kill any Game, or use any Greyhounds, c. being convicted thereof, shall for every Offence be liable to the Penalties inflicted by 5 Ann. c. 14.

c.

By the Statute 8 Geo. 1. cap. 19. Whenever any Person shall, for any Offence committed against any Law in Being for the better Preservation of the Game, be liable to any Penalty, upon Conviction before any Justice or Justices of Peace; it shall be lawful for any one to proceed against him to recover the said Penalty, either by Information and Conviction before a Justice, or by Action of Debt, Oc. in any Court of Record, wherein the Plaintiff, if he recovers, shall have double Costs. But it is provided, that all Actions to be commenced by force of this Statute, shall be brought before the End of the next Term after the Offence committed; and that no Offender against any Laws for Prefervation of the Game, shall be prosecuted for the fame Offence, both by the way directed by this Law, and that of any of the former Laws; but that in Case of any second Prosecution, the Perfon so doubly prosecuted may plead in his Defence the prior Profecution depending, or the Conviction or Judgment had thereon.

D3

A Man was indicted for shooting in a Gun, and killing Hares, but it was omitted shewing that he was not worth 1001. a Year; and the Court ordered, that the Party should shew he was worth so much to discharge him. 2 Keb. 582. But where a Person was convicted before a Justice of Peace upon the Statute, for keeping a Gun, not having 100 1. per Annum; the Conviction being removed into the King's Bench was quashed, for not saying when the Defendant had net 1001. a Year to qualify him; for it might be he had such Estate at the Time he kept the Gun, tho' not at the Conviction, and the Offence and Time ought to be certainly set forth. 3 Mod. 280.

If a Person in hunting starts a Hare upon his own Ground, and follows and kills it in the Ground of another, yet still the Hare is his own, because of the fresh Pursuit; but if a Man starts a Hare on another Person's Ground, and there hunts and kills it, he is subject to an Action of Trespass, tho' such Action is feldom brought, being frivolous. In Cafe any Person hunts on the Ground of another, such other Person cannot justify the Killing of his Dogs, according to some of our Books: But it has been otherwise adjudged. Cro. Car. 553.44. 2 Roll. Abr. 567. None may take Pheasants or Partridges in another Man's Ground, without Licence, on Pain of 10 l. by an ancient Statute II H. 7.

In an Action brought by a common Informer, by Virtue of the Act 8 Geo. 1. upon the Statute 5 Ann. for the Penalty of 151. The Plaintiff declared on two several Counts, one for 10% for killing two Partridges, the other for 5 1. for keeping an Engine to destroy the Game, not being qualified, &c. Here the Plaintiff had a Verdict for 51. only, and Judgment was entered accordingly. And it was moved, that he might enter the Verdict on either of the Counts