No. XXXI. 3- Geò. I. c. 11. writing under his or her hand and seal to empower his or her game'keeper or gamekeepers upon his or her own lordship or manor to kill 'hare pheasant partridge or any other game whatsoever; which power of appointing several gamekeepers in the same manor with power to kill game was found by experience to tend very much to the destruction of the game of this kingdom: for the preventing whereof by one 'other Act of the ninth year of the reign of her said late Majesty Queen 9 Anne, c. 25. Anne, intituled "An Act for making the Act of the fifth year of her 'Majesty's reign for the better preservation of the game perpetual, and for making the same more effectual," it was enacted, that no lord or lady of any manor shall make constitute or appoint above one person to be a gamekeeper within any one manor, with power or authority to 'kill or destroy the game thereof; and that the name of such person so to be authorised to kill the game, shall from time to time be entered 'with the clerk of the peace of the county riding or division wherein 'such manor does lie, which power of appointing a gamekeeper so to be entered as aforesaid, was manifestly designed to no other intent or pur'pose whatsoever but that any lord or lady might appoint such person as he or she should think proper to kill the game upon his or her own lordship or manor for the sole and proper use of the said lord or lady; 'such gamekeeper being expressly restrained by the said first-recited Act 'from selling or disposing of any game to any person or persons whatso"ever, without the consent or knowledge of the said lord or lady of such manor or manors that had given such power and authority as aforesaid: And whereas under colour and pretence of the said power and authority to kill or take game for the use of the lords or ladies of any manor, it is become usual and frequent in several parts of the kingdom for lords and ladies of manors to grant powers and deputations to the farmers tenants and occupiers of the lands and estates lying within the precincts of their respective manors to be gamekeepers, with power to kill and destroy the game; which practice is a very great abuse of the powers intended by the said Acts to be granted, and manifestly tends very much to the destruction of the game of this kingdom;' For remedy whereof, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the tenth day of July one thousand seven hundred and seventeen no lord or lady of any manor shall make constitute or appoint any person to be a gamekeeper, with power and au thority to take and kill hare pheasant partridge or any other game whatsoever, unless such person be qualified by the laws of this realm so to do, or unless such person be truly and properly a servant to the said lord or lady, or such person be immediately employed and appointed to take and kill the game for the sole use or benefit of the said lord or lady, and not otherwise: and that no lord or lady of any manor shall authorise or qualify any person or persons whatsoever not being qualified by Nor to keep the laws of this realm so to do, to take or kill any hare pheasant parany Greyhound, tridge or other game whatsoever, or to keep or use any greyhound setting-dogs hays lurchers guns tunnels or any other engine to kill and deUnqualified stroy the game; and that any person or persons whatsoever not being Persons killing qualified by the laws so to do, or not being truly and properly a servant the Game shall of any lord or lady of a manor, or not immediately employed and apbe liable to the pointed to take and kill the game for the sole use or immediate benent Forfeitures in of the said lord or lady, who under colour or pretence of any power or authority deputation or qualification to him granted by any lord or lady of a manor, shall take or kill any hare pheasant partridge or other game whatsoever, or shall keep or use any greyhounds setting-dogs hays lurchers guns tunnels or any other engine to kill and destroy the game being thereof legally convicted shall for every such offence incur such forfeitures pains and penalties as are appointed to be inflicted by the said recited Acts of the fifth and ninth years of the reign of the late Queen Anne; such forfeitures to be recovered by such means and in such manner and form, and within such time and to such uses as are No Lord of a Manor shall appoint any Gamekeeper, with Power to kill the Game, except he be qualified so to do, or be a Ser vant, &c. &c. the recited Acts. No. XXXI. 3 Geo. I. prescribed by the said recited Acts; any thing in the said Acts or in any other law or statutes to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That the said recited Acts of the fifth and ninth years of the reign of her said late Majesty Queen Anne, and all other laws now in force for the better preservation of the game and all matters powers and things therein contained, The recited not hereby altered and repealed, shall continue remain and be in full force. Acts shall re [ No. XXXII.] 5 Geo. I. c. 15. A.D. 1718.-An Act for making more effectual an Act of the Third and Fourth Years of the Reign of King William and Queen Mary, intituled An Act for the more effectual Discovery and Punishment of Deer-stealers.' [ No. XXXIII. ] 5 George I. c. 28. A. D. 1718.-An Act for the further Punishment of such Persons as shall unlawfully kill or destroy Deer in Parks, Paddocks, or other inclosed Grounds. [ No. XXXIV. ] 8 George I. c. 19. A. D. 1721.-An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game.. c. 11. : i main in Force. c. 19. FOR rendering more effectual the laws now in being for the better pre- 8 George I. servation of the Game, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Wheresoever Temporal and Commons in this present Parliament assembled, and by any Person the authority of the same, That wheresoever any person shall for any shall be liable offence to be hereafter committed against any law now in being for the to any pecuhetter preservation of the game be liable or subject to pay any pecuniary niary Penalty, penalty or sum of money upon conviction before any justice or justices any other Perof the peace, it shall and may be lawful for any other person whatsoever son may reeither to proceed to recover the said penalty by information and convic- cover the Petion before a justice or justices of the peace in such manner as is in nalty by Inforsuch law contained, or to sue for the same by action of debt or on the a Justice, or case bill plaint or information in any of his Majesty's courts of record, wherein no essoign protection wager of law or more than one impar- same, &c. See lance shall be allowed, and wherein the plaintiff if he recovers shall like- 2 East's Rep. wise have his double costs. (1.) mation before sue for the 333. II. Provided, That all suits and actions to be brought by force of this Actions to be Act shall be brought before the end of the next term after the offence brought before committed; and that no offender against any of the laws now in being the End of the for the better preservation of the game shall be prosecuted for the same Term after the offence, both by the way prescribed by this law and by the way prescribed by any of the said former laws; and that in case of any second mitted. Altered prosecution the person so doubly prosecuted may plead in his defence the by 2 Geo. 3. former prosecution pending, or the conviction or judgment thereupon had. C. 19. § 5. See Offence com 2 East's R. 333. (1.) The action may be brought against several defendants, and the verdict taken against some, and the others acquitted: Hardyman v. Whitacre, 2 E. 573. [No. XXXV. ] 9 George I. c. 22. A. D. 1722.-An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of his Majesty's Subjects, and for the more speedy bringing the Offenders to Justice. [Inserted in Part V.] c. 32. 9 Ann, c. 25. [No. XXXVI. ] 10 George II. c. 32. A.D. 1737.—An Act for continuing An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of his Majesty's Subjects, and for the more speedy bringing the Offenders to Justice;'*** and for the more effectual Punishment of Persons unlawfully hunting or taking any Red or Fallow Deer in Forests or Chases, or beating or wounding Keepers or other Officers, in Forests, Chases, or Parks; and for more effectually securing the Breed of Wild-fowl. * * * * * * * 10 George II. X. AND whereas by an Act of Parliament passed in the ninth year of the reign of her late Majesty Queen Anne, intituled " An "Act for making an Act of the fifth year of her Majesty's reign, for the 'better preservation of the Game, perpetual, and for making the same more effectual," it is enacted, That if any person between the first day of July and first day of September in any year shall by hayes tunnels or other ⚫nets drive and take any wild-duck teal widgeon or any other water-fowl in any places of resort for wild-fowl in the moulting season, the offender being convicted thereof before one justice of the peace where the offence shall be committed and by the oath of one credible witness 'shall forfeit five shillings for every such fowl so taken, one moiety to the informer the other to the poor of the parish where the offence was done, to be levied by a warrant of the justice of peace before whom 'the offender was convicted, by distress and sale of his goods, and for want of distress to be committed to the house of correction for any ⚫ time not exceeding one month nor less than fourteen days, there to be whipt and kept to hard labour; and the justice of the peace shall cause 'such hayes and nets to be seized and immediately destroyed in his 'presence: And whereas the said Act hath been found by experience to be ineffectual, by reason that the wild-fowl begin to moult before the first of July and have not done moulting by the first of September, so that great numbers of wild-fowl are yearly destroyed contrary to the 'true intent and meaning of the said Act;' Therefore for remedy thereof be it enacted by the authority aforesaid, That if any person shall in any year between the first day of June and the first day of October by hayes tunnels or other nets drive and take any wild-duck teal widgeon or any other water-fowl in any marshes fens or other places of resort for wildfowl, and shall be thereof convicted in such manner as in the said Act of the ninth year of her late Majesty Queen Anne is prescribed, he shall be liable to the same penalties to be levied in like manner as by virtue of the said Act he would be liable to if such offence was committed between the first day of July and the first day of September, and for want of distress be committed to the house of correction and there punished as by the said Act is directed. Penalty on taking Wild-fowl in Nets, in the moulting Sea son. 26 Geo. II. c. 2. [The Sections relating to Hunting and wounding Keepers are inserted in Part V.] [ No. XXXVII. ] 26 George II. c. 2. A. D. 1753.—An Act to amend an Act made in the Eighth Year of the Reign of his late Majesty King George the First, intituled An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game,' by enlarging the Time within which Suits and Actions are to be brought by force of the said Act. WHEREAS by an Act of Parliament made in the eighth year of the reign of his late Majesty King George, intituled An Act for the 66 No. XXXVII. 26 Geo. II. c. 2. Suits for Penal better Recovery of the Penalties inflicted upon persons who destroy the Game," it is provided that all suits and actions to be brought by 'force of the said Act shall be brought before the end of the next term after the offence committed: and whereas the time allowed by the said "Act for the bringing of such suits and actions has been found very < inconvenient, and in many cases is not sufficient for the commencing of prosecutions against offenders, whereby the intent of the said Act hath 'been in some degree defeated;' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords ties may be Spiritual and Temporal and Commons in this present Parliament as- brought before sembled, and by the authority of the same, That all suits and actions to the end of the be brought by virtue of the said Act for the recovery of any pecuniary second Term. penalty or sum of money for offences which after the twenty-fifth day Altered by of March one thousand seven hundred and fifty-three shall be committed 2 Geo. 3. c. 19. against any law now in being for the better preservation of the game, shall and may be brought before the end of the second term after the offence committed; (1.) any thing in the said Act contained to the contrary notwithstanding. (1) Semble, that a declaration for a penalty on killing Game in an Action brought for the whole penalty on the Statute 2 Geo. 3. c. 19. § 5. and prior Statutes, need not allege the fact to have been committed within two terms be which allows fore the Action commenced, according to Stat. 26 Geo. 2. c. 2; the Stat. 2 Geo. 3. c. 19. having allowed six months. Lee v. Clarke (in Error) 2 E. R. 333. .c. 12. 5 Ann, c. 14. [ No. XXXVIII. ] 28 George II. c. 12. A. D. 1755.—An Act to explain and amend a Clause in an Act made in the Fifth Year of the Reign of Queen Anne, intituled, 'An Act for the better Preservation of the Game,' in Relation to the selling or offering to Sale any Game. WHEREAS by an Act of Parliament made in the fifth year of her 28 George II. late Majesty Queen Anne, intituled "An Act for the better preservation of the Game," it was enacted, That if any higlar chapman carrier innkeeper victualler or alehousekeeper should have in his custody or possession, or should buy sell or offer to sell any hare pheasant partridge moor heath-game or grouse, every such higlar chapman innkeeper victualler alehousekeeper or carrier (unless such game in the hands of such carrier be sent by any person or persons qualified to kill the game) shall upon conviction of such offence forfeit for every hare pheasant partridge moor heath-game or grouse the sum of five pounds, one half to be paid to the informer and the other to the poor of the parish where the offence was committed: And whereas doubts have arisen with respect to the meaning of the word chapman, whereby the intent of the said Act hath been in some degree defeated; Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That if any person or persons whatsoever, whether qualified or not qualified Persons selling to kill game, shall sell expose or offer to sale any hare pheasant partridge or exposing to moor heath-game or grouse, every such person or persons shall for every Sale any Game, such offence be subject and liable to the same forfeitures pains and pe- liable, &c. nalties as are inflicted by the said recited Act upon higlars chapmen carriers innkeepers victuallers or alehousekeepers for buying selling or offering of game to sale. II. And be it further enacted by the authority aforesaid, That if any Game found in hare pheasant partridge moor heath-game or grouse shall be found in the House or the shop house or possession of any poulterer salesman fishmonger cook Possession of a or pastry-cook, the same shall be adjudged deemed and taken to be an Poulterer, &c. exposing thereof to sale within the true intent and meaning of this Act deemed expos and the said recited Act or any other Act; which said forfeitures shall ing thereof to Sale. No. be recovered and such penalties inflicted by such means and in such XXXVIII. manner and from and within such time and shall be applied to such uses as are prescribed by the said recited Act or by any other Act or Acts since made for the preservation of the game; any thing in the said recited Act, or any other law or statute to the contrary thereof in any wise notwithstanding. 28 Geo. II. c. 12. 2 George III. c. 19. No Person may take, &c. any Partridge be tween 12 Feb. and 1 Sept. or Pheasant between 1. Feb. and 1 Oct, or Heath-fowl be tween 1 Jan. and 20 Aug. or Grouse between 1 Dec. and 25 July. Persons of fending forfeit 51. per Bird. 8 Geo. 1. c. 19. [ No. XXXIX. ] 2 George III. c. 19. A. D. 1761.—An Act for the better Preservation of Game in that part of Great Britain called England. FOR the better preservation of the Game in this kingdom, may it please your most excellent Majesty that it may be enacted;' and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, That no person or persons after the first day of June one thousand seven hundred and sixty-two shall upon any pretence whatsoever take kill destroy carry sell buy or have in his her or their possession or use any partridge between the twelfth day of February and the first day of September in any year; or any pheasant between the first day of February and the first day of October in any year; or any heath-fowl commonly called black game between the first day of January and the twentieth day of August in any year; or any grouse commonly called red game between the first day of December and the twenty-fifth of July in any year. Repealed as to black and red Game, by 13 Geo. 3. c. 55. § 13. II. Provided always, That nothing in this Act shall extend to any pheasant which shall be taken in the season allowed by this Act, and kept in any mew or breeding place. III. Provided also, That nothing in this Act contained shall extend or be construed to extend to that part of Great Britain called Scotland. IV. And be it further enacted by the authority aforesaid, That if any person or persons shall transgress this Act in any of the aforesaid cases and shall be lawfully convicted thereof by the oath of one or more credible witress or witnesses, every such person shall for every partridge pheasant heath-fowl or grouse so taken killed destroyed carried sold bought or found in his her or their possession or use contrary to the true intent and meaning of this Act forfeit and pay the sum of five pounds to the person or persons who shall inform or sue for the same: and it shall and may be lawful to and for any person or persons to sue and prosecute for and recover the said penalty of five pounds with full costs of suit by action of debt bill plaint or information in any of his Majesty's courts of record at Westminster; and in such action or suit no essoign wager of law or more than one imparlance shall be allowed. (1.) V. And whereas by an Act passed in the eighth year of the reign of his late Majesty King George the First, intituled An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game; it was enacted, That wheresoever any person shall for any offence to be hereafter committed against any law now in being for the better pre'servation of the game be liable or subject to any pecuniary penalty or sum of money upon conviction before any justice or justices of the peace, it shall and may be lawful for any other person whatsoever either to proceed to recover the said penalty by information and conviction (1.) Assuming it to be necessary in an action for a Penalty by a common Informer that the Court should refer to the Statute giving the remedy, as well as to that creating the Offence and giving the Penalty; yet a Count for a Penalty on the Stat. 5 Anne, c. 14. stating that the Defendant kept a snare to kill Game against the form of the Statute in such case made, &c. by reason whereof, and by force of the Statute in such case made, &c., an Action hath accrued, &c. is sufficient; for the first Statute mentioned refers to the 5 Anne, c. 14. creating the Offence and giving the Penalty; and the Statute lastly mentioned refers to the 2 Geo. 3. c. 19. whereby the whole Penalty is given to the common Informer, the half only of which had been given to him by an intervening Statute. Clanricarde (Earl) v. Stokes, 7 E. R. 516. |