and conse quences of omission. 52 Geo. 3, c. 93, Power of mitiga tion to not less than one-half of the penalty. Distress (a). or offences committed within the district where he or they shall act as 8. Certificate, such commissioner or commissioners, within three calendar months after the offence shall be committed, to summon the person or persons accused, and also the witnesses on either side, to appear before him or them; and upon the appearance of the person or persons accused, or in default of his or their appearance according to such summons, to pro- Schedule (L). ceed to hear and determine the matter in a summary way; and upon due proof made thereof, either by the voluntary confession of the person or persons accused, or by the oath of one or more credible witness or witnesses, to give judgment for the penalty or penalties, or for such part thereof, to which part thereof the said commissioners or justice shall think proper to mitigate the same (the same not being in any case mitigated to less than one moiety of the said penalty or penalties) and in default of payment of the same at the time of conviction, to award and issue his or their warrant or warrants, under his or their hand and seal, or hands and seals, for levying the penalty or penalties so adjudged, together with the reasonable costs and charges attending the same, as hereinafter directed, of the cattle, goods, and chattels of the offender or offenders, and to cause sale to be made of the said cattle, goods, and chattels so distrained, in case they shall not be redeemed within four days; and the money arising from such sale shall, in the first place, be liable for payment of the said penalty or penalties adjudged to be paid, and in the next place for payment of the costs attending the information, conviction, and warrant, or informations, convictions, and warrants, to be settled by the said commissioners or justice, and indorsed on such warrant or warrants; and also the reasonable Costs. costs attending the distress and keeping the goods and chattels distrained, and maintaining the cattle, if any, during the four days allowed to redeem the same, and also the expense of the sale thereof, and of returning the said warrant or warrants to the commissioners or justice, and entering the same, with an indorsement thereon of what has been done therein; and where sufficient cattle, goods, or chattels of such Commitment (b). offender or offenders cannot be found, to commit such offender or offenders to the house of correction, there to remain for any space of time not exceeding six calendar months, unless the said penalty or penalties shall be sooner paid; and if such person or persons shall find Appeal. himself or themselves aggrieved by the judgment of such commissioners or justice, then he or they shall and may, upon giving security to the amount of double the said penalty or penalties, appeal to the justices of the peace at the next general quarter sessions for the county, riding, or division, or to the justice, clerk, or other officer of the court of justiciary of the shire, stewartry, city, liberty, or place in Scotland; which courts respectively are hereby empowered to examine witnesses upon oath, and finally to hear and determine the same; and in case the judgment of such commissioners, or justice or justices, shall be affirmed, it shall be lawful for the said court of quarter sessions, or court of justiciary, to award the person or persons to pay costs occasioned by such information, conviction, and appeal, as to themselves shall seem meet" (c). XIV. "If any person or persons shall be summoned as a witness or witnesses to give evidence before such commissioners or justice receiving such information, or before the courts of quarter sessions or justiciary, upon appeal touching any of the matters contained in such information, either on the part of the prosecution or the person or persons accused, (a) See title "Distress under Ma- having given the security, without notice gistrate's Warrant," Vol. II. (b) See title "Commitment in Exeestion," Vol. I. (e) The party may enter and respite his appeal at the next sessions after VOL. III. to the other side. (R. v. Justices of Witnesses neglect ing to appear to give evidence. 8. Certificate, and consequences of omission. 52 Geo. 3, c. 93, Schedule (L). Form of conviction. Conviction to be entered. Evidence of. Application of penalties. Royal family exempt. English and Irish certificates, exemptions by. and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without a reasonable excuse for his, her, or their neglect or refusal, to be allowed by the commissioners, or justice or justices, or court before whom the prosecution shall be depending, then and in every such case every such person shall forfeit, for every such offence, the sum of ten pounds, to be recovered, levied, and paid in such manner, and by such means, as other penalties mentioned in this schedule may be recovered, levied, and paid." 66 XV. The commissioners or justice before whom any offender shall be convicted shall cause the said conviction to be made out in the manner and form following, or in any other form of words to the like effect (mutatis mutandis): that is to say, at "Be it remembered, that on the in the of day of — in the year of our LordA. B. of "" was duly convicted by me [or, us] of [here state the offence] and adjudged to pay the sum of - for his said offence. “Given under the hands and seals [or, hand and seal] of - -, being commissioners acting in the execution of the acts relating to assessed taxes for the district of [or, being a justice of the peace for and a commissioner acting in the execution of the acts relating to assessed taxes for the district of —].' "And every such conviction shall be entered and registered upon the books of assessment of the commissioners of the district where the offence was committed; and after such entry and registry shall be transmitted to the court of appeal, as herein directed, to be filed there of record; and the said conviction or entry of the same in the said books of assessment, or any examined copy thereof, shall be received in evidence before the respective commissioners for executing this act, in all matters relating to the duties contained in this schedule; and no conviction of such commissioners or justice shall be removable by any process whatever into any other court of law or equity, or be subject to revision in any manner other than as aforesaid." XVI. "All penalties and shares of penalties imposed by and recovered or paid under the authority of the rules contained in this schedule, shall be added to the first or supplementary assessment of the parish or place where the offence shall be committed, (as the case shall require), and shall be paid to the collector or collectors of the duties contained in this schedule, for such parish or place, to be by him or them accounted for in the same manner, and paid to the receiver-general at the same times as the duties contained in this act are to be accounted for and paid, and shall and may be distributed, apportioned, and applied, in such manner as other penalties may by the said acts relating to the said duties be distributed, apportioned, and applied." "Exemptions from the Duties in Schedule (L.)," ante, 235. "Any of the royal family." By stat. 7 & 8 Geo. IV. c. 49, s. 1, "From and after the passing of this act, whenever any person shall have paid or shall pay the duty imposed by the said recited act of the fifty-second year of the reign of his late Majesty on persons in Great Britain, other than persons acting by virtue of a deputation or appointment, who shall use 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, or shall take or kill by any means whatever, or shall assist in any manner in the taking or killing by any means whatever, any game, or any woodcock, snipe, quail, or landrail, or any coney, such person shall be exempt from the duty imposed by the said recited act passed in the fifty-sixth year of the reign of his said late Majesty on certificates to authorize persons not being gamekeepers to kill game in Ireland, for and during the period in respect whereof such duty shall have been paid in Great Britain, and from all the penalties contained or imposed in the said recited act of the fifty-sixth year of the reign of his late Majesty, or in and by any other act (see 5 & 6 Vict. c. 81) or acts for securing any of the said duties so payable in Ireland as aforesaid; and that every person who shall have paid any of the duties imposed by the said recited act of the fifty-sixth year of the reign of his late Majesty on certificates to authorize persons not being gamekeepers to kill game in Ireland, shall be exempt from the duties imposed by the said recited act of the fiftysecond year of the reign of his late Majesty, on persons in Great Britain who shall use 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 coney, and from all the penalties contained in or imposed by the said recited act of the fifty-second year of the reign of his late Majesty, or in or by any other act or acts for securing any of the said duties payable in Great Britain as aforesaid, provided such person shall first pay to the said commissioners of stamps in Great Britain the difference between the duty already paid by him in Ireland, and the duty which would have been payable in respect of such person for any of the purposes aforesaid in Great Britain." Sect. 2. In every case in which any such difference of duty shall be offered to be paid to the commissioners of stamps (a) in Ireland as aforesaid, it shall be lawful for the said commissioners of stamps, or their proper officers, and they are hereby authorized and required, to receive the amount of such difference of duty, upon the production to the said commissioners, or their proper officers, of the certificate upon which the original duty shall have been paid, and to stamp such certificate with a mark or impression denoting the payment of the additional duty payable thereon in pursuance of this act." Sect. 3. "Neither the payment of the difference of duty as aforesaid, nor the stamping of the certificate, nor anything contained or done in pursuance of this act, shall be construed to authorize or enable any person to kill game, or use any dog, gun, net, or other engine, for any of the purposes mentioned in this act, at any time or times, or in any manner prohibited by any law in force at or immediately before the passing of this act, nor unless such person shall be duly qualified so to do under and by virtue of the laws in being; and all penalties and forfeitures, actions and suits, shall and may be prosecuted and maintained for such offences as if this act had not been made." (See ante, 224). 9. When and how game may be taken and killed, &c. 7 & 8 Geo. 4, c. 49. Killing game on a mas-day. IX. When and how Game may be taken and Killed, &c. By the 1 & 2 Will. IV. c. 32, s. 3, "If any person whatsoever shall kill or take any game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game, on a Sunday or Christmas-day, such person shall, on conviction thereof before two justices of the peace, forfeit and pay for every such offence such sum of money, not exceeding five pounds, as to the said justices shall seem meet, together with the costs of the conviction; and if any person Killing game out whatsoever shall kill or take any partridge between the first day of of season. 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 black game, (except in the county of Somerset or Devon, or in the New Forest in the county of Southampton), between the tenth day of December in any year and the twentieth day of August in the succeeding year, or in the county of Somerset or Devon, or in the New Forest aforesaid, between the tenth day of December in any year and the first day of September in the succeeding year, or any grouse, (a) See the 5 & 6 Vict. c. 81, transferring the duties for game certificates in Ireland to the commissioners of excise, and containing other provisions 9. When and how game may be taken and killed, &c. 1 & 2 Will. 4, c. 32. Laying poison to kill game. Possession of game illegal after Destroying or taking eggs of game, &c. Night poaching. commonly called red game, between the tenth day of December in any year and the twelfth day of August in the succeeding year, or any bus tard between the first day of March and the first day of September in any year, every such person shall, on conviction of any such offence before two justices of the peace, forfeit and pay for every head (see ante, 229) of game so killed or taken such sum of money, not exceeding one pound, as to the said justices shall seem meet, together with the costs of the conviction; and if any person, with intent to destroy or injure any game, shall at any time put or cause to be put any poison or poisonous ingredient on any ground, whether open or inclosed, where game usually resort, or in any highway, every such person shall, on conviction thereof before two justices of the peace, forfeit 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." Sect. 4. 66 If any person licensed to deal in game by virtue of this act as hereinafter mentioned shall buy or sell, or knowingly have in his house, shop, stall, possession, or control, any bird of game after the expiration of ten days (one inclusive and the other exclusive) from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid; or if any person, not being licensed to deal in game by virtue of this act as hereinafter mentioned, shall buy or sell any bird of game after the expiration of ten days (one inclusive and the other exclusive) from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid, or shall knowingly have in his house, possession, or control any bird of game (except birds of game kept in a mew or breeding place) after the expiration of forty days (one inclusive and the other exclusive) from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid; every such person shall, on conviction of any such offence before two justices of the peace, forfeit and pay for every head (see ante, 229) of game so bought or sold, or found in his house, shop, possession, or control, such sum of money, not exceeding one pound, as to the convicting justices shall seem meet, together with the costs of the conviction." It was enacted by the now repealed stat. 2 Geo. III. c. 19, s. 1, 4, that no person should take, kill, destroy, carry, sell, buy, or have in his possession or use, any partridge between the twelfth of February and the first of September in any year, (afterwards altered by the 39 Geo. III. c. 34, to the first of February and the first of September), or any pheasant between the first of February and the first of October, under a penalty. It was held by the Court of King's Bench that a qualified person, who had in his possession on the ninth of February partridges and a pheasant killed before the first, was not guilty of any offence against the statute. (Simpson v. Unwin, 3 B. & Adol. 134). Sect. 24. "If any person not having 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 taken, 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 the offence of poaching in the night, see post, Sect. XV. X. Dealing in Game. By the 1 & 2 Will. IV. c. 32, s. 17, "Every person who shall have obtained an annual game certificate shall have power to sell game to any person licensed to deal in game, according to the provisions hereinafter mentioned: Provided always, that no game certificate on which a less duty than three pounds thirteen shillings and sixpence is chargeable under the acts relating to game certificates shall authorize any gamekeeper to sell any game, except on the account and with the written authority of the master whose gamekeeper he is; but that any such gamekeeper selling any game not on the account and with the written authority of such master may be proceeded against under this act in the same manner, to all intents and purposes, as if he had no game certificate whatsoever." (As to which, see the 25th sec. post, 247). 10. Dealing in game. Certificated per sons may sell Justices to hold special session yearly for granting licenses to deal in game. Sect. 18. "The justices of the peace of every county, riding, division, liberty, franchise, city, or town shall hold a special session in the division or district for which they usually act, in the present year, between the fifteenth and the thirtieth days of October, and in every succeeding year in the month of July (see the 2 & 3 Vict. c. 35, s. 4, infra), for the purpose of granting licenses to deal in game, of the holding of which session seven days' notice shall be given to each of the justices acting for such division or district; and the majority of the justices assembled at such session, or at some adjournment thereof, not being less than two, are hereby authorized (if they shall think fit) to grant, under their hands, to any person being a householder or keeper of a shop or stall within such division or district, and not being an innkeeper or victualler, or licensed to sell beer by retail, nor being the owner, guard, or driver of any mail coach, or other vehicle employed in the conveyance of the mails of letters, or of any stage coach, stage waggon, van, or other public conveyance, nor being a carrier or higgler, nor being in the employment of any of the above-mentioned persons, a license according to the form in the schedule (A.) annexed to this act, empowering the Form of license. person to whom such license shall be so granted to buy game at any place from any person who may lawfully sell game by virtue of this act, and also to sell the same at one house, shop, or stall only, kept by him; provided that every person, while so licensed to deal in game as aforesaid, shall affix to some part of the outside of the front of his house, shop, or stall, and shall there keep, a board having thereon in clear and legible characters his Christian name and surname, together with the following words, (that is to say), 'Licensed to deal in Game;' and every such license granted in the present year shall begin to be in force on license. the first day of November in the present year, and shall continue in force until the fifteenth day of July one thousand eight hundred and thirty-two, and every such license granted in any succeeding year shall continue in force for the period of one year next after the granting thereof." a Dealer to put up board on his house. Duration of may be held at any time. But by the 2 & 3 Vict. c. 35, s. 4, after reciting that by the above Sessions for license stat. 1 & 2 Will. IV. c. 32, it is enacted that the justices of the peace shall hold a special session in the month of July in every year, for the purpose of granting licenses to deal in game; and that it is expedient that they should be empowered to hold a special session for the purpose aforesaid, not only in the month of July, but also at any subsequent period of the year, it is enacted, "That from and after the passing of this act, it shall be lawful for the said justices of the peace to hold in their respective divisions or districts a special session for the purpose of granting licenses to deal in game, not only in the month of July, but also at any time, and from time to time, as often as they shall think fit, after the said month of July in every year; and it shall also be lawful for the majority of the said justices (not being less than two) assembled at any such session, or at any adjournment thereof, to grant licenses to deal in game, in the manner directed by the said last-recited act, and |