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Inust take out a 21. certificate.
10. Dealing under and subject to the provisions and regulations thereof; provided
always, that of the holding of any such special sessions seven days' 2 & 3 Vict. c. 35.
notice shall be given to each of the justices acting for the division or district in which such session is intended to be held; provided also, that every license to deal in game, at whatever time the same hath been or shall be granted, shall continue in force from the granting thereof until the first day of July then next following, and no longer, anything in the said last-recited act, or in such license, to the contrary notwith
standing” (a). Licensed dealer By 1 & 2 Will. IV. c. 32, sect. 19, “ Every person who shall have
obtained any license to deal in game under the provisions of this act shall annually and during the continuance of his license, and before he shall be empowered to deal in game under such license, obtain a certificate according to the form in the schedule (B.) annexed to this act, on payment of the duty of two pounds, which is hereby granted and made payable to his Majesty for every such certificate, which certificate shall be in force for the same period as such license; and the said duty shall be paid to the collector or collectors of the assessed taxes for the parish, township, or place in which the person so licensed shall reside, in like manner as the duties on game certificates are by law payable; and every receipt to be given by any collector receiving such duty shall be free of stamp duty, and shall be delivered to the person requiring the same on payment to the collector of one shilling, and no more, over and above the said duty for the certificate; and such receipt shall be exchanged for a certificate under this act, in like manner as receipts for the duty
in respect of killing game are by law required to be exchanged for game Penalty 201. for certificates; and if any person obtaining a license under this act shall dealing without certificate.
purchase or sell or otherwise deal in game, as a licensed dealer under this act, before he shall obtain a certificate in exchange for a receipt as herein directed, such person shall for every such offence forfeit and pay the penalty of twenty pounds."
Sect. 20. “ The collector or collectors of the assessed taxes in every
parish, township, or place wherein any person shall reside who shall have licensed dealers.
obtained such annual license and certificate, shall in each year make out a list, to be kept in his or their possession, containing the name and place of abode of every such person, and shall at all seasonable hours produce such list to any person making verbal application to inspect the same,
and shall be entitled to demand and receive for such inspection the sum Duties chargeable of one shilling ; and the duties hereby granted as aforesaid in respect of under acts relating
certificates to be obtained by persons licensed to deal in game shall be assessed, charged, raised, levied, and collected by the respective commissioners and justices of the peace, and the several other officers acting in the execution of the several acts relating to the assessed taxes, in the same manner, and under the same rules, regulations, and provisions, (except as herein varied), as the duties on game certificates are by the said
acts directed to be assessed, charged, raised, levied, and collected (b); Penalty recover and that the penalty of twenty pounds hereby imposed shall be sued for, able in same way. recovered, and levied, either in the district in which the offence shall be
committed, or in the district in which the offender shall reside, and be applied in the same manner, and under the same rules, regulations, and provisions, as penalties on persons doing acts without payment of the game duty, or neglecting to obtain game certificates, are by the said acts
Collectors to make out list of
in same way as
to game certificates.
(a) As to how justices should act in which might follow a refusal to produce granting or refusing the license, and the it, (see 52 Geo. III. c. 93), accomparemedies against them for an improper nied with a refusal to tell the party's grant or refusal, see ante, “Alehouse," Christian name, surname, and place of p. 97, &c. Vol. 1.
residence, would not attach without (6) It should seem, therefore, that such last refusal. (Molton v. Rogers, the commissioners or collectors of taxes 4 Esp. 215, and Collyer on Game Act, may demand the certificate of a person 19, ante, 239, n. (6). dealing in game; but the penalty of 201.,
directed to be sued for, recovered, levied, and applied, to all intents and 10. Dealing purposes whatsoever as if such rules, regulations, and provisions were in game. specially repeated and re-enacted in this act.” Sect. 21. “ Persons being in partnership, and carrying on their busi
and carrying on their hooi 1 & 2 Will. 4, c. 32.
Proviso as to ness at one house, shop, or stall only, shall not be obliged by virtue of
partners, this act to take out more than one license in any one year to authorize them to deal in game at such house, shop, or stall.”
Sect. 22. “If any person licensed by virtue of this act to deal in Licenses when to game shall during the period of such license be convicted of any offence become void. whatever against this act, such license shall thereupon become null and void."
Sect. 25. “If any person not having obtained a game certificate (ex- Penalty for selling cept such person be licensed to deal in game according to this act) shall game without
license, and on sell or offer for sale any game to any person whatsoever; or if any per- certificated person authorized to sell game under this act by virtue of a game certificate
sons selling to un
licensed persons(a). shall sell or offer for sale any game to any person whatsoever, except a person licensed to deal in game according to this act; every such offender shall, on conviction of any such offence before two justices of the peace, forfeit and pay for every head (b) of game so sold or offered for sale such sum of money, not exceeding two pounds, as to the said justices shall seem meet, together with the costs of the conviction."
Sect. 26. “It shall be lawful for any innkeeper or tavernkeeper, Exceptions as to without any such license for dealing in game as aforesaid, to sell game innkeeepers. for consumption in his own house, such game having been procured from some person licensed to deal in game by virtue of this act, and not otherwise."
Sect. 27. “If any person, not being licensed to deal in game according Penalty for buying to this act, shall buy any game from any person whatsoever, except from game, except from
licensed dealers. a person licensed to deal in game according to this act, or bona fide from a person affixing to the outside of the front of his house, shop, or stall, a board purporting to be the board of a person licensed to deal in game, every such offender shall, on conviction thereof before two justices of the peace, forfeit and pay for every head (6) of game so bought such sum of money, not exceeding five pounds, as to the said justices shall seem meet, together with the costs of the conviction.”
Sect. 28. “If any person being licensed to deal in game according to Penalty on this act shall buy or obtain any game from any person not authorized to buyinca,
" buying game from sell game for want of a game certificate, or for want of a license to deal uncertificated in game; or if any person, being licensed to deal in game according to
persons; this act, shall sell or offer for sale any game at his house, shop, or stall,
or selling without
a board affixed without such board as aforesaid being affixed to some part of the outside to house; of the front of such house, shop, or stall, at the time of such selling or or fixing boards offering for sale, or shall affix or cause to be affixed such board to more to several houses,
&c.; than one house, shop, or stall, or shall sell any game, at any place other than his house, shop, or stall where such board shall have been affixed; or if any person not being licensed to deal in game according to this act or person not
licensed pretendshall assume or pretend, by affixing such board as aforesaid, or by exhi- inces
ing to be licensed, biting any certificate, or by any other device or pretence, to be a person &c. licensed to deal in game; every such offender, being convicted thereof before two justices of the peace, shall 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. 29. “The buying and selling of game by any person or persons As to buying and ernployed on the behalf of any licensed dealer in game, and acting in the
selling game by
servants of a usual course of his employment, and upon the premises where such deal- licensed dealer.
(a) In Help v. Henister, (8 B. & Cres. 553; 3 M. & R. 12, S. C.), it was held that a contract for the sale of live phea sants was void, as being in contraven
tion of the 58 Geo. III. c. 75, and that
(6) See ante, 229.
11. Trespass ing is carried on, shall be deemed to be a lawful buying and selling in in pursuit of every case where the same would have been lawful if transacted by such
game. licensed dealer himself : Provided also, that nothing herein contained 1 & 2 Will. 4, c. 32. shall prevent any licensed dealer in game from selling any game which
shall have been sent to him to be sold on account of any other licensed
dealer in game.” 5 & 6 Will. 4, c. 20. By stat. 5 & 6 Will. IV. c. 20, s. 20, reciting, that by the 1 & 2 Will. Reciting 1 & 2 IV. c. 32, it is, amongst other things, enacted, “ that if any person not Will 4, c. 32, s. 25.
having obtained a game certificate (except such person be Licensed to deal in game according to the said act) shall sell or offer for sale any game to any person whatsoever, or if any person authorized to sell game under the said act by virtue of a game certificate shall sell or offer for sale any game to any person whatsoever, except a person licensed to deal in game according to the said act, every such offender shall, on conviction of any such offence before two justices of the peace, forfeit and pay for every head of game so sold or offered for sale such sum of money not
exceeding two pounds as to the said justices shall seem meet, together Sect. 27.
with the costs of the conviction; and it is by the said last-mentioned act also enacted, that if any person not being licensed to deal in game according to the said act shall buy any game from any person whatsoever, except from a person licensed to deal in game according to the said act, or bona fide from a person affixing to the outside of the front of his house, shop, or stall a board purporting to be the board of a person licensed to deal in game, every such offender shall, on conviction thereof before two justices of the peace, forfeit and pay for every head of game so bought such sum of money not exceeding five pounds as to the said justices shall seem meet, together with the costs of the conviction; and whereas it is expedient to protect and indemnify in the manner hereinafter men
tioned persons who inform and prosecute for offences committed against Indemnity to per. the provisions of the said recited act;" it is enacted, " that from and sons prosecuting
after the passing of this act every person who shall inform and prosecute mitted against the or give evidence against any other person or persons for any offence
committed or to be committed against any of the said last-recited enactments shall be indemnified, freed, and discharged from all and every penalty and penalties which he or she may have incurred or become fiable to under the aforesaid enactments, or any of them, for or by reason of any transaction or dealing which he or she may have had with the person or persons against whom he or she shall so inform and
prosecute or give evidence as aforesaid, provided the information or prosecution which the person so informing and prosecuting as aforesaid shall have instituted, or upon which the person shall give evidence, shall have been commenced before the institution of any proceedings against him or her for the recovery of any such penalty or penalties which he or she may have incurred or become liable to as aforesaid.”
for offences com
Trespasses in pursuit of game.
(1). What a trespass.
XI. Trespasses in Pursuit of Game. And herein we will notice, 1st, what will amount to a trespass 2dly, the Remedies for Trespasses—and, 3dly, the Means of preventing them.
(1). WHAT A TRESPASS. We have already noticed the rights of persons as to the game upon their own premises, in their own occupation or in the occupation of their tenants ; also, the rights of persons as to game as owners of franchises or lords of manors, &c., ante, 212, &c.
The land of every owner or occupier is inclosed and set apart from that of his neighbour, either by a visible or tangible fence, as one field is separated from another by a hedge, wall, &c., or by an ideal, invisible
boundary, existing only in contemplation of law, as when the land of 11. Trespass one man adjoins to that of another in the same open or common field. in pursuit of Hence every unwarrantable entry upon the land of another is termed a game. trespass by breaking his close. (2 Selv. N. P. tit. Trespass ).
It seems that if a person discharge a gun from the outside of a field into it, so as that the shot strike the soil, he is guilty of breaking and entering the field. (See Pickering v. Rudd, 4 Campb. 220; 1 Štark. N. P. 58, S.C., per Ellenborough, C.J.) And it seems that an action on the case would lie against the party though the shot did not strike the soil, if the shooting was done maliciously, and with intent to frighten the game from a preserve; (Keeble v. Hickeringill, 11 East, 574, note a) (a); though not, if the shooting be to frighten rooks from a rookery, because these birds being considered in law as destructive and noyful fowl, and not known as an article of food, it is held that a party can have no property in them in their wild state, nor show any absolute right to have them resort to his trees. (Hannam v. Mockett, 2 B. & C. 934; 4 D. & R. 518, S.C.)
If A. gives B. leave to go on a field, in which A. has no right, and B. goes there, this will not make A. liable as a co-trespasser with B.; but if A. orders and authorizes B. to go on the field, and he does so, A. is a joint trespasser with B.; the latter being an authority, the former a leave and license only. (Robinson v. Vaughton, 8 Car. & P. 252).
In general no man can come upon another's close to kill or take game Pursuing gamne. without being liable to an action of trespass. (2 Bac. Ab.613; 2 Bla. Com. 417; 2 Bla. Rep. 900). And in general no person, though he find game upon his own land, has a right to pursue, nor can he justify pursuing it into the land of another, either to kill or take it when killed, or for any other purpose. (Deane v. Clayton, 7 Taunt. 489, ante, 213, n.) And in Baker v. Berkeley, 3 C. & P. 32, it was held that if a stag, hunted by the hounds of B., run into the barn of A., B. and his servants have no right to enter the barn to take the stag; and if they do, they are trespassers.
The common law allows persons to enter the lands of others to follow Pursuing beasts beasts of prey, as a fox or a badger, for the purpose of destroying them of prey, as foxes, as such, for the destruction of them is to the public benefit. (Gundry v. Feltham, 1 T. R. 334). But the digging and breaking the ground to unearth them is held to be unlawful, and the owner of the ground may maintain an action of trespass in that case. (Cro. Jac. 321). With respect to the case of Gundry v. Feltham, Mr. Christian observes, that the judgment was only justified by the pleadings, which admitted that the riding after the fox, in that case, was the only means of killing it. (Christian's G. L. 114). But in the case of The Earl of Essex v. Capel, at Hertford Sum, Ass. 1809, where the subject was properly pleaded upon the record, Lord Ellenborough, C. J. directed the jury to find for the plaintiff, if they thought from the evidence that the defendant pursued the fox for his oron pleasure and amusement, and if they thought the good of the public was not his sole governing motive. (Christian's G. L. 114; Chit. G. L. 31, S.C.)
As to the provisions against trespassers, in the 1 & 2 Will. IV., not applying to persons hunting, &c. see post, 252.
As to who is entitled to enter upon land to kill game, and particularly Landlord's right as to a landlord's right to do so, see ante, 212, &c., 222, &c.
to enter on land
of tenant, &c. As to trespassing on a highway in pursuit of game, see post, 250.
On highways. (2). THE REMEDIES FOR TRESPASSES. The remedies for trespasses in pursuit of game may be by proceedings (2). Remedies for
(a) The same case is also reported in 11 Mod. 74, 130; 3 Salk. 9; and Holt's Rep. 14, 17, 19; but Sir E. H. East's
account of this case is much the most
11. Trespass under the 1 & 2 Will. IV. c. 32, by action of trespass, by action on a in pursuit of bond or agreement, &c., by suit in equity, or by indictment (a). game.
- Remedies for Trespasses under the 1 & 2 Will. IV. c. 32.]-By sect. Trespassing in day-time upon
30, reciting, that “after the commencement of this act, game will belands in search come an article which may be legally bought and sold, and it is thereof game (6)
fore just and reasonable to provide some more summary means than now by law exist for protecting the same from trespassers;'” it therefore enacts, “that if any person whatsoever shall commit any trespass by entering or being, in the day-time (6), upon any land in search or pursuit (c) of game or woodcocks, snipes, quails, landrails, or conies, such person shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding two pounds, as to the
justice shall seem meet, together with the costs of the conviction; and Five or more that if any persons to the number of five or more together shall commit persons commit
any trespass, by entering or being, in the day-time, upon any land in ing trespasses.
search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, each of such persons shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding five pounds, as to the said justice shall seem meet, together with the costs of the
conviction.” Party may set up
“ Provided always, that any person charged with any such trespass same defence as shall be at liberty to prove, by way of defence, any matter which would to an action.
have been a defence to an action at law for such trespass; save and ex• Where the occu
cept that the leave and license of the occupier of the land so trespassed pier, not being entitled to the game, upon shall not be a sufficient defence in any case where the landlord, allows another to lessor, or other person shall have the right of killing the game upon kill it, party en. titled to the game such land by virtue of any reservation or otherwise, as herein before may enforce
mentioned; but such landlord, lessor, or other person shall, for the purpenalty.
pose of prosecuting for each of the two offences herein last before mentioned, be deemed to be the legal occupier of such land, whenever the actual occupier thereof shall have given such leave or license; and that the lord or steward of the crown of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, shall be deemed to be the legal oco cupier of the land of the wastes or commons within such manor, lord
ship, or royalty, or reputed manor, lordship, or royalty.” Entering and be Entering and being on the land constitute only one offence under this ing on land but one offence under
enactment. (R. v. Mellor, 2 Dorol. 173; see Newman v. Bendyshe, 10 this section. Ad. & EU. 11; and post, 272). A party in pursuit It seems that a party may be a trespasser within the meaning of this of game on a highway may be a tres.
enactment, by entering or being upon a highway in search or purpasser under it. suit of game; as the public have only the right of using a highway
for the purpose of passing and re-passing along it, and, if they use it for any other purpose, they become trespassers; (Vide post, title “ Highway"); and the enactment is not confined to trespasses upon inclosed land, but extends to trespasses upon any land in search or pursuit of game, &c. And a fortiori the enactment extends to trespassers upon the waste land at the side of a highway. In whom the soil
(a) The Malicious Trespass Act, 7 & 8 relative to inferior tradesmen, &c. Geo. IV. c. 30, s. 24, for the summary sporting ; also the 11 Henry VII. c.17, punishment of malicious trespassers, s. 1, imposing a penalty for trespass. and giving a magistrate power to awarding; and the 23 Eliz. c. 10, s. 4, rela51. satisfaction, (see “ Malicious Inju. tive to hunting amongst growing corn. ries to Property," Vol. V. p. 45), ex- (6) See what is to be deemed day, empts persons committing trespasses time for the purposes of this act, post, not wilful and malicious in hunting, 252. fishing, or in the pursuit of game.
(c) As to what is sufficient evidence The 1 & 2 Will. IV. c. 32, repeals of this, see ante, 226. the 4 & 5 Will. & Mary, c. 23, s. 10,