c. 32. such master may be proceeded against under this 1 & 2 Will. 4, act, in the same manner to all intents and purposes as if he had no game certificate whatsoever." The other powers of gamekeepers will be treated other powers of under other chapters, viz. : Their authority to demand to see the licences of The grant of licences to gamekeepers, and their autho- Their authority to require trespassers to quit the land night, &c. (Chap. XIII. "Poaching by Night"). But it should be remarked that gamekeepers have no authority to act in highways under the Poaching Prevention Act, 25 & 26 Vict. c. 114 (Chap. XVI.), like constables. of gamekeepers. keepers. The enactments as to the protection of game- Protection to keepers from assaults, &c., are referred to under gameChap. XIII. "Poaching by Night," and XIV.," Hunting and Killing Deer. Chap. • If the gamekeeper knowingly sold game on his own account, not having a 37. licence, he would be liable to the penalty here referred to under 1 & 2 Will. 4, c. 32, s. 25, post, Chap. XI., not exceeding 21. for every head of game sold or offered for sale. Of course, the sale must take place within the shooting season and days of grace allowed by s. 3, ante, p. 47, otherwise the gamekeeper would be liable to an additional penalty imposed by the section 4 (in Chap. XI.) in respect of certain birds of game. 1 & 2 Will. 4, c. 32. 4. Appointment or de putation of a gamekeeper (1 & 2 Will. 4, c. 32, ss. 13, 14, 15). FORMS. KNOW ALL MEN BY THESE PRESENTS, that I, A. B., of &c., esquire, lord of the manor of D., in the county of K., by these presents, Do nominate, authorize, appoint and depute T. M., of &c., gamekeeper, to be my gamekeeper of and within my said manor 10 of D., with all the royalties, rights, members and appurtenances thereto belonging, during my will and pleasure, with full power, licence, and authority" [to kill any hare, pheasant, partridge, conies, or other game whatsoever, and wild fowl and ferrets, in and upon my said manor, for my sole use and immediate benefit; And also] to take and seize for my use all greyhounds, setters, lurchers, or other sporting dogs; And all ferrets, guns, bows, trammels, snow-bells, hayes, wires, harepipes, snares or other engines used for the purpose of taking or killing of [hares, pheasants, partridges, conies or other] game [whatsoever] which shall be used within the precincts of my said manor, by any person or persons who by law shall be prohibited from keeping or using the same, or who shall not be duly qualified or authorized to use the same within 13 my said manor; And further, that I hereby give and grant unto the said T. M., during my said will and pleasure, full power and authority to do all and every act or acts, thing or things whatsoever, which by the laws of this realm are requisite and necessary for the preservation of the game within 13 my said manor, and for the discovery of of 12 "dis 10 Or if the appointment be of part of a manor say,trict and division of the parish [ortything, hamlet, or place'] of W., being part of my said manor, lordship, or royalty of D." If in Wales say,-"manor, lordship, or royalty of W., in the county of D., in the principality of Wales." It is submitted that more than one manor can be included in a deputation signed by the same lord, but quære, would separate game licences be necessary in respect of each manor. See Assessed Tax Cases, Nos. 17, 18, p. 70, note 20. A manor extending over several parishes may be included, it is apprehended, in one deputation, but it is prudent not to include in it any place which is not strictly a manor, lordship or royalty, &c. A separate deputation seems to be necessary for each person appointed or deputed. 11 If not authorized to kill game, omit the words within brackets. 12 Or "such." 13 Or "such precincts of." fenders therein against the laws and statutes in that case 1 & 2 Will. 4, made and provided.14 c. 32. Given under my hand and seal this Signed, &c. day of 18-. [The stamp on this appointment will be 35s. by 55 Geo. 3, c. 184, tit. “ Grant.”] for the of clerk of the peace. I, A. B., clerk of the peace for the county of K. [or 5. Certificate deputy clerk of the peace, as the case may be], do hereby declare that T. M. hath this day registered a deputation, whereby he is appointed a gamekeeper by manor [or lands, if in Wales] of which I do hereby certify in pursuance of the act of the 1st and 2nd years of King William the Fourth, intituled "An Act to amend the Laws in England relative to Game." Witness my hand, this day of 18-. A. B. 14 If the deputy is to have a similar power over a river or fishery, of which the lord is owner or occupier, the following clause may be added :—“ And also to seize, detain and keep for my own use all nets, angles, leaps, piches and other engines which he shall find used, laid up, or in the custody or possession of any person or persons whomsoever using the same without my consent, within my said manor, lordship or royalty." CHAPTER V. THE LICENCES TO KILL GAME, DEER, &C. 23 & 24 Vict. BEFORE the 23 & 24 Vict. c. 90, a "6 c. 90. Licence to kill game, substituted for a " game game certificate" was the name given to the governmental authority to take or kill game, but by that act an excise "licence to kill game" is substituted for certificate." England and Scotland, and the system of surcharges on game certificates abolished throughout the kingdom; the term " game certificate" in the prior acts being in future to be construed to mean a "licence to kill game" under the 23 & 24 Vict. c. 90 (Id. s. 6), except in Ireland, where its former name of а "certificate" is retained. This act is irrespective of the game laws or acts, and the want of the licence or certificate herein mentioned is a distinct offence against the revenue. A licence is now required to kill deer also, but some of the provisions of that act do not relate to deer. The enactments of the English act 1 & 2 Will. 4, c. 32, are not affected by those of the 23 & 24 Vict. c. 90, for 1 & 2 Will. 4, 1 & 2 Will. 4, c. 32, s. 5, enacts,-"That nothing affect the in this act contained shall in any wise affect or alter existing laws (except as hereinafter mentioned) any act or acts game certifi- now in force by which any persons using any dog, gun, net, or other engine, for the purpose of taking or killing any game whatever, or any woodcock, snipe, quail or landrail, or any conies, are required to obtain and have annual game certificates [“licences to kill game'], but that all persons who, before the commencement of this act, were required c. 32, not to respecting cates. c. 90. to obtain and have such certificate shall after the 23 & 24 Vict. commencement of this act be required from time to time to obtain and have the like certificates;-and all the powers, provisions and penalties, contained in such act or acts, shall continue in as full force and effect as if this act had not been made ;-and that all regulations and provisions contained in any act or acts relative to game certificates ["licences to kill game"], so far as they relate to gamekeepers of manors, and to the amount of duty for game certificates to be charged upon or in respect of gamekeepers of manors in the cases specified in such act or acts, shall extend and apply to all gamekeepers of lands appointed under this act [.e. in Wales under s. 15, ante, p. 53] as fully and effectually as if they were gamekeepers of manors, and were expressly mentioned in and charged by such act or acts."1 But as regards Ireland, it is still governed, except Ireland. as to the amount of the duties, by its own act, 5 & 6 Vict. c. 81 (set out at pp. 74-76), which we purpose to point out in the notes to 23 & 24 Vict. c. 90. The provisions of the 23 & 24 Vict. c. 90, hereon, which is the only act applicable to England and Scotland in respect to game licences, are as follows: of this act certificates to Sect. 1. "From and after the passing of this act After passing the respective duties of assessed taxes now payable the duties in under the several acts of parliament in that behalf respect of in respect of certificates to kill game in Great kill and deal Britain, and to deal in game in England, and all in game, as the provisions, rules and directions for assessing, 52 Geo. 3, charging and collecting any of the said duties con- (L.), 56 Geo. This provision refers to the act then in force regulating "game certificates," 52 Geo. 3, c. 93 (Sched. L.), which is superseded by 23 & 24 Vict. c. 90, infra. 2 Passed on 13th August, 1860, and intituled "An Act to repeal the Duties on Game Certificates and Certificates to deal in Game, and to impose in lieu thereof Duties on Excise Licences and Certificates for the like purposes." contained in c. 93, sched. 3, c. 56, and ed. |