c. 32. 1 & 2 Will. 4, penalty or liability under any statute or statutes relating to game certificates, but that the penalty imposed by this act shall be deemed to be a cumulative penalty."4 By the Annual Army Mutiny Act, 26 Vict. c. 8, s. 88, it is "for the better preservation of game and fish in or near places where any officers shall at any time be quartered," enacted, "That every officer who shall, without leave in writing from the person or persons entitled to grant such leave, take, kill, or destroy any game or fish in the united kingdom of Great Britain and Ireland, shall for every such offence forfeit the sum of five pounds.' 5 996 The Annual Marine Mutiny Act, 26 Vict. c. 9, of the common law, all persons present and concerned in misdemeanors are principals; and so by the Forest Laws (Bell, G. L. 103). The other penalty referred to in this proviso is the excise one of 201. under 23 & 24 Vict. c. 90, s. 4, ante, p. 62. 5 The term 66 game" must be understood in its usual signification as defined by 1 & 2 Will. 4, c. 32, s. 2, ante, p. 46, and, therefore, does not include woodcocks, snipes, quails, landrails or conies; but the offender would be liable to the trespass penalty in respect to them (s. 30. ante, p. 98). Sect. 90 of this act (26 Vict. c. 8) applies the provisions of the 11 & 12 Vict. c. 43, (the act which regulates the procedure in respect to summary convictions before justices in England), to the recovery of this penalty in every part of the united kingdom, before one or more justice or justices (notwithstanding 14 & 15 Vict. c. 93 applies to justices' proceedings in Ireland), except that in default of distress the period of imprisonment is increased from three to six calendar months. The information therefore must be laid within six calendar months of the offence (11 & 12 Vict. c. 43, s. 11; Oke's "Synopsis," 8th ed., p. 97), and, on conviction, the penalty and costs are to be levied by distress (Id. ss. 19, 20, 21), and, in default of distress, six calendar months' imprisonment without hard labour, unless sooner paid (26 Vict. c. 8, s. 90). One moiety of the penalty is payable to the informer, and the remainder, or, if the offence be proved by the informer, the whole of it is to be paid to the general agent for the recruiting service in London; and the conviction is to be reported by the justice to the secretary at war within four days (Id. s. 91). Vide statement of offence, No. 31, p. 120. s. 91, is a similar enactment as to officers in the 26 Vict. c. 9, royal marine forces, and it enacts," For the better s. 91. preservation of the game and fish in or near places where any officer shall at any time be quartered, every officer who shall, without leave in writing from the person or persons entitled to grant such leave, take, kill, or destroy any game or fish within the united kingdom, shall for every such offence forfeit the sum of five pounds." 997 FORMS. game with For that you [or he the said A. B.] on &c., at &c., un- 29. Killing lawfully did kill [or take] certain game, to wit, one [par- or taking tridge], you [or he the said A. B.] not being then and there out a licence authorized so to do for want of a licence to kill game, con- (1 & 2 Will. trary, &c. 4, c. 32, s. 23). &c., to take For that you [or he the said A. B.] on &c., at &c., un- 30. Using a lawfully did use a certain dog, to wit, a [lurcher] (and not dog, snare, being a greyhound), for the purpose of then and there game (Id.) searching for [or taking, or killing], [or a certain gun, for the purpose of then and there [or a certain net, or engine, or instrument, to wit, a snare, for the purpose of then and there taking] game [if known say, to wit, one hare], on certain land in the occupation of one E. F. there situate, you [or he the 7 Vide notes 5 and 6, supra. 26 Vict. c. 9, ss. 93, 94, contains similar enactments as in the note 5, with this difference, that the conviction may take place before " any justice in or near to the place where the offence shall be committed, or where the offender may at any time happen to be," that the imprisonment may be with or without hard labour and that the conviction is to be reported to the secretary of the admiralty. These statements of offences are to be used in filling up the general forms in Chap. XII., post. 31. Officers in the army or navy said A. B.] not being then and there authorized so to do for want of a licence to kill game, contrary, &c. For that you [or he the said A. B.] on &c., at &c., being then an officer in her majesty's army [or marine forces], unlawfully did take [or kill, or destroy] certain game [or fish], to wit, without any leave in writing for so doing pp. 118, 119). had or obtained from the person entitled to grant such leave, taking game or fish (ante, contrary, &c. CHAPTER IX. UNLAWFULLY DESTROYING GAME, OR EGGS OF BIRDS. 1. Enactments in the Game Acts, infra. 1. ENACTMENTS IN THE GAME ACTS. 1. Enact ments in the By 1 & 2 Will. 4, c. 32, s. 3 (in part set out at Game Acts. pp. 46, 47), it is enacted, inter alia,-" If any 1 & 2 Will. 4, person, with intent to destroy or injure any game, c. 32. shall at any time put or cause to be put any poison Penalty for or poisonous ingredient on any ground, whether laying poison open or inclosed, where game usually resort,-or in Sect 3 (in any highway,1-every such person shall, on convic- part). tion thereof before two justices of the peace, forfeit 1 "Game" here must have the restricted meaning assigned to the word by 1 & 2 Will. 4, c. 32, s. 2, ante, p. 46. This section applies even to the proprietor of the game, and the occupier of the ground; and it should be observed that, while the use of arsenic is admitted to be necessary as a protection to the grain against blight or insects and permitted to to kill game. be used by the 14 Vict. c. 13, s. 3, and 26 & 27 Vict. c. 113, 14 Vict. c. 13; s. 4, p. 126, in the steeping of seed wheat, the gist of the 26 & 27 Vict. offence-the intent to destroy or injure game-will be all but c. 113. impossible of proof, where the grain or seed is placed into the soil, and this section will apply only where the poison is put on the ground for no useful purpose. By the 26 & 27 Vict. c. 113, s. 3, post, p. 125, which is more extensive than this section both as to the poison and the place, no "intent" is necessary, thereby curing the defect in the Game Act. The 11 & 12 Vict. c. 29, s. 5, ante, p. 91, contains also a prohibition against the use of poison for destroying "hares or other game." а c. 32. 1 & 2 Will. 4, and pay such sum of money, not exceeding ten pounds, as to the said justices shall seem meet, together with the costs of the conviction." 2 Scotland and Penalty for or taking the eggs of &c. Sect. 24. game, In Scotland and Ireland there is no provision corresponding to the above enactment; but in Scotland there is the 11 & 12 Vict. c. 30, s. 4, which imposes no penalty (Chap. XVIII., Sect. 3). The 26 & 27 Vict. c. 113, p. 124, will therefore apply to such an offence in Scotland and Ireland. Sect. 24 enacts,-"That if any person not having destroying the right of killing the game upon any land,-nor having permission from the person having such right, shall wilfully take out of the nest or destroy in the nest upon such land the eggs of any bird of game,- -or of any swan, wild duck, teal or widgeon, -or shall knowingly have in his house, shop, possession or control, any such eggs so taken3,-every such person shall, on conviction thereof before two justices of the peace, forfeit and pay for every egg so taken or destroyed, or so found in his house, shop, possession or control, such sum of money, not exceeding five shillings, as to the said justices shall seem meet, together with the costs of the conviction." As to destroying game or rabbits by night, see Chap. XIII., "Poaching by Night," and 11 & 12 Vict. c. 29, s. 5, ante, p. 91. * Vide Chap. XII., post, for the mode of recovery of this penalty, and Nos. 32, 33, 34, p. 123, for the forms of stating the offences in justices' proceedings. 3 Vide ante, p. 80, as to who has the right to the game, as defined by 1 & 2 Will. 4, c. 32, s. 2, ante, p. 46. It is remarkable that although the eggs of swans, wild ducks, teal and widgeons are protected in the breeding season, the birds themselves are not also then or at any time protected or mentioned in the Game Licences Act; nor are the eggs of woodcocks, snipes, quails or landrails. With respect to swans, they are the subject of larceny where they have been marked and pinioned, or even unmarked, if tame, kept in a mote, pond or private river; but larceny cannot be committed of their eggs, because the statute has appointed a less punishment for them. (East's P. C. 2, 607; Locke, G. L. 33; Woolrych, G. L. 20— 24). See further Chap. I. ante, p. 38. |