18. Using a Dog, Engine, &c. on Sunday, &c.]-being Sunday [or 1 & 2 Will. 4, Christmas Day], did unlawfully use a certain dog, to wit, a lurcher, c. 32, s. 3. for the purpose of then and there taking [or a certain gun [or net, or engine, to wit, a snare] for the pur- [certain] game, [to wit, one hare], contrary, &c. IV. KILLING OUT OF SEASON (k). 19. Killing or taking between certain Dates]-being between the Id. [or pheasant, or black game (if between 10 December and 20 there, contrary, &c. [Vide No. 33, p. 122.] V. SELLING WITHOUT CERTIFICATE. 20. Uncertificated or unlicensed Person selling]—not having obtained Id. s. 25. and not having a game certificate, and not being then and there a person duly licensed to deal in game according to the statute in that behalf, did then and there unlawfully sell [or offer for sale] certain game, to wit, two partridges, to one E. F., contrary, &c. 21. Certificated Person selling to an unlicensed Person]-being Id then and there authorized to sell game by virtue of a game certificate, did then and there unlawfully sell [or offer for sale] certain game, to wit, two partridges, to one E. F., he the said E. F. not then and there being a person licensed to deal in game according to the statute in that behalf, contrary, &c. 21a. Directions for Convictions (No. 40, ante, p. 39) for Offences described in Forms No. 20, 21, supra.]-Add after the amount adjudged for the whole of the birds, "being after the rate of [one pound] for every head of game so sold by the said A. B. as aforesaid, to be paid, &c." [Vide No. 33, p. 122.] VI. BUYING, &c. UNLAWFULLY. # 22. Buying Game from an unlicensed Person]-not then being Id. s. 27. licensed to deal in game according to the statute in that behalf, did then and there unlawfully buy certain game, to wit, two partridges, from one E. F., he the said E. F. not being then and there a person licensed to deal in game according to the statute in that behalf, and not having then affixed to the outside of the part of his house [or shop, or stall] a board purporting to be the board of a person licensed to deal in game, contrary, &c. (k) See Oke's "Synopsis,” 4th ed. pp. 188-190, for the respective periods allowed. 1 & 2 Will. 4, c. 32, s. 4. Id. Id. s. 28. Id. Id. Id. Id. s. 4. 23. Unlicensed Person buying or selling Birds of Game Ten Days after lawful Time.]— Proceed as in form No. 22 to the asterisk*, and then: buy [or sell] certain birds of game, to wit, two partridges, the day last aforesaid being after the expiration of ten days from the first day of February [or as the case may be, with other birds of game], in the year aforesaid, contrary, &c. 24. Unlicensed Person having Possession after Forty Days.]—Proceed as in form No. 22, supra, to the asterisk, and then: and knowingly have in his house [or shop, stall, possession or control] there situate, certain birds of game, to wit, two partridges, the same not being then and there kept in a mew or breeding-place, the day last aforesaid being after the expiration of forty days from the first day of February [or as the case may be, with other birds of game] in the year aforesaid, contrary, &c. 24a. Directions for Convictions.]—These will be similar to those in No. 21a, supra, except it should be so bought [or sold, or found, as the case may be] as aforesaid, to be paid, &c." [Vide No. 33, p. 122.] VII. OFFENCES BY LICENSED Dealers, &c. 25. Licensed Dealer buying from an uncertificated or unlicensed Person]-being then licensed to deal in game according to the statute in that behalf, did then and there unlawfully buy [or obtain] certain game, to wit, two partridges, from one E. F., he the said E. F. not being then and there authorized to sell game, for want of a game certificate and for want of a licence to deal in game, contrary, &c. 26. Selling without Board outside his Shop.]-Proceed to the asterisk in form No. 25, supra, and then: sell [or offer for sale] certain game, to wit, two partridges, to one E. F. at his house [or shop, or stall] there situate, without such a board as required by the statute in that behalf being then affixed to any part of the outside of the front of the said house [or shop, or stall], contrary, &c. 27. Affixing Board to more than one House, &c.]-Proceed to the asterisk* in form No. 25, supra, and then: affix [or cause to be affixed] such board as is by the statute in that behalf required to be affixed to part of the outside of the front of his house [or shop, or stall] to more than one house [or shop, or stall], to wit, to a house situate in Street, in the parish of aforesaid, and to another house situate in Street, in the same parish, contrary, &c. 28. Selling at any other Place than where Board is affixed.]— Proceed to the asterisk* in form No. 25, supra, and then: sell certain game, to wit, two partridges, to one E. F. at a certain place, to wit, a house [or as the case may be] in Street, in the parish of aforesaid, being other than the house [or shop, or stall] where such board as required by the statute in that behalf had been affixed by the said A. B., contrary, &c. 29. Selling or having Possession of Birds of Game Ten Days after lawful Time.]-Proceed to the asterisk* in form No. 25, supra, and then: buy [or sell], [or knowingly have in his house [or shop, stall, possession, or 1 & 2 Will. 4, control] there,] certain birds of game, to wit, two partridges, the day last aforesaid being after the expiration of ten days from the first day of February [or as the case may be, in the case of other birds], in the year aforesaid, contrary, &c. 29a. Directions for Convictions (No. 40, ante, p. 39) for Offences described in forms No. 25-29, supra.]-These are similar to those given in No. 21a. c. 32. 30. Unlicensed Person assuming to be licensed]—not being then and Id. s. 28. there licensed to deal in game according to the statute in that behalf, did then and there unlawfully assume and pretend that he was then and there a person licensed to deal in game, by then and there affixing a board with the words "A. B., licensed to deal in game," to part of the outside of the front of his house [or shop, or stall] there situate, [or by then and there exhibiting in the window of his house [or shop, or stall] there situate, a certain paper purporting to be a certificate of [three] of her Majesty's justices of the peace for the said, authorizing the said A. B. to deal in game, which certificate was false and forged], contrary, &c. 30a. Selling before exchanging Receipt for Duty for Certificate] Id. s. 19. baving obtained a licence to deal in game under the provisions of the act in that behalf, did, during the continuance of the said licence, unlawfully purchase [or sell] certain game, to wit,, of [or to] one E. F., before he the said A. B. had obtained a certain certificate in exchange for a certain receipt for the duty annually payable by the said A. B. as directed and required by the said act, contrary, &c. [Vide No. 33, p. 122.] VIII. OFFENCES BY OCCUPIERS. 31. Pursuing, killing or taking Game, where not entitled]-then Id. s. 12. being the occupier of a certain piece of land there situate, called and the right of killing the game upon such land then being by the [or if the offence be contrary to his lease, instead of and the right, did then and there unlawfully pursue and kill [or take] certain game, to wit, two partridges upon such land without the authority of the said C. D., his landlord, as aforesaid, contrary, &c. 32. Giving Permission to any other Person to do so.]-Proceed to Id. the asterisk in the form No. 31, supra, and then give to one E. F. permission to pursue [or kill, or take] game upon the said land, without the authority of the said C. D., the landlord [or lessor] as aforesaid, contrary, &c. 32a. Direction for Conviction (No. 40, ante, p. 39) for Offence described in form No. 31, supra.]—Add, after the total amount ad 9 Geo. 4, c. 69, s. 1. Id.; and 7 & 8 9 Geo. 4, c. 69, s. 1. judged for the pursuit as well as the killing or taking, "being the 33. General Form to be used in enforcing the Conviction (No. 40, ante, p. 39), for all the foregoing Offences, No. 1-32]; Commitment, No. 52, ante, p. 48. IX. NIGHT POACHING. 34. Taking or destroying Game or Rabbits by Night]—about the hour of in the night of the same day, by night unlawfully did take [or destroy] certain game, to wit, two partridges, [or take [or destroy] one rabbit]* in a certain close of land in the occupation [or the property] of C. D., [or in certain open land in the occupation, or the property of C. D., or in a certain wood in the occupation, or the property of C. D.] there situate, contrary to the form of the statute in such case made and provided (the same being his [first] offence), [or add the averment of a previous conviction, as in the General Form, No. 4, ante, p. 25.] 35. The like on a Public Road, Highway, &c.]-Proceed to the asterisk* in Form No. 34, supra, and then: in [or on the side of] a certain public road [or public highway or public path], [or at a certain opening or outlet or gate, from a certain close in there situate, leading from to [or called the lane], 36. Entering by Night on Land with Gun to take or destroy Game] -about the hour of in the night of the same day, by night unlawfully did enter and was in a certain close of land in the occupation [or the property] of C. D., [or wood in the occupation, or the property of C. D., or open land, the property of C. D.] there situate, with a certain gun [or net or engine, to wit, a snare,] for the purpose then and there by night as aforesaid of taking [or destroying] game [if known, say, to wit, partridges] there, contrary, &c. [as in form No. 34, supra.] 37. Convictions for Offences described in the Forms Nos. 35, 36, supra, whether for a First or Second Offence, and in the latter Case adding an Averment of the previous Conviction, as in Form No. 43d, ante, p. 42.]-These will be the same as the General Form No. 41, ante, p. 39, adding, after the words "for the period of," the following as to the sureties: "and at the expiration of such period to find sureties by recognizance, himself in the sum of pounds, and two sureties in the sum of pounds each, or one surety in the sum of pounds, conditioned that the said A. B. shall not so offend again for the space of next following; and we further adjudge the said A. B., in case he shall not find such sureties as aforesaid, to be further imprisoned and kept to hard labour for the space of unless such sureties shall be sooner found; and we also adjudge the said A. B. to pay to the said C. D. the informant the sum of his costs," &c. [as in No. 41, ante, p. 39, to the end.] for 38. General Forms to be used in enforcing the altered Conviction (No. 37, supra).]-Commitment, No. 48, ante, p. 44, adding, in the case of a second offence, after the description of the offence: " (the same being his second offence of the same nature against the said statute, as was duly proved before us)," also the adjudication of the sureties as in No. 37, and in the command to the keeper of the gaol, after the words "for the space of the following: "and if at the expiration of such period the said A. B. shall not find sureties by recognizance, himself in the sum of pounds, and two sureties in the pounds each, or one surety in the sum of pounds, conditioned that the said A. B. shall not so offend again for the space of - from the day ofnext following, then that you the said keeper further imprison the said A. B. in your custody in the said [house of correction], and him there keep to hard labour, for the space of unless such sureties shall be sooner found; and for your so doing this shall be your sufficient warrant.” sum of 38a. The Forms for the recovery of the costs upon the conviction will be, Distress Warrant, No. 49, ante, p. 45; Commitment in Default, No. 50, ante, p. 46, and Commitment forthwith for an additional term for the costs, No. 51, ante, p. 46 (a). for 39. Recognizance of Offender and Sureties not so to offend again, to be used on a Conviction for a First or Second Offence.]-This will be the same as the General Form No. 13, ante, p. 28, the condition being as follows:-The condition of the within written recognizance is such, that whereas the said A. B. was on the day of last duly convicted by and before J. P. and J. L., Esquires, two of her Majesty's justices of the peace in and for the said county of that he the said A. B., on the at the parish of in the same county [here describe the offence as in the conviction], contrary, &c. (the same being his [first] offence); if therefore he the said A. B. shall not so offend again for the space of from the day ofwhen the imprisonment adjudged in and by the said conviction expired [or expires], then the said recognizance to be void, or else to stand in full force and virtue. day of 40. Notice thereof to Offender and Sureties, or Surety.]—Take notice that you A. B. are bound in the sum of pounds, and you L. M. [and M. N.] in the sum of pounds [each], that you A. B. do not offend again for the space of from the day of by committing the offence of [here describe it shortly,] of which you the said A. B. was on the day of last duly convicted (the same being your [first] offence); and in case you A. B. do so offend again, the recognizance entered into by you A. B. and L. M. [and M. N.] as your surety [or sureties] will be forthwith levied on you and him [or them.] Dated this day of 1856. Justice of the 41. Liberate to the Defendant.]-This may be in the form given in title "Sureties," post, Part III. (a) This will be rather a long Form, in consequence of the special matter relating to the sureties being inserted, but it cannot be shortened. |