Or persons not licensed pretending to be
licensed, &c., iii. 247.

As to buying and selling game by servants
of a licensed dealer, iii. 247.
Indemnity to persons prosecuting for of-
fences committed against the recited enact-
ments, iii. 248.

XI. Trespasses in Pursuit of Game.
(1). What a Trespass.
In general, iii. 249.
Pursuing game, iii. 249.

Pursuing beasts of prey, as, foxes, &c., iii.
249.

Landlord's right to enter on land of tenant,
iii. 212, 222.

On highways, iii. 250.

(2). The Remedies for Trespasses.

Trespassing in day-time upon lands in search
of, iii. 250.

Five or more persons committing trespasses,
iii. 250.

Party may set up same defence as to an ac-
tion, iii. 250.

Where occupier, not being entitled to game,
allows another to kill it, party entitled to
game may enforce penalty, iii. 250.
Entering and being on land but one offence
under this section, iii. 250.

A party in pursuit of game on highway may
be a trespasser under it, iii. 250.
But a party by firing into a field cannot, iii.

251.

Costs after notice not to trespass, iii. 254.
Damages in general, iii. 254.
Damages by followers, iii. 255.

Remedy by action on bond or agreement,
iii. 255.

Remedy by suit in equity, iii. 255.
Remedy by indictment, &c., iii. 255.
(3). The Mode of preventing Trespasses.
Resisting entry or forcing off land, iii. 256.
Seizing, &c. dogs, &c., iii. 256.
Setting spears, iii. 256.

Setting dog-traps, iii. 256.
Spring guns, iii. 257.

Setting of, prohibited and made a misde-
meanour, iii. 257.

Persons permitting guns, traps, &c., set by
others, to continue, deemed to have set
them, iii. 257.

Proviso for guns set in a dwelling-house, iii.

258.

Scotland, iii. 258.

Setting dog-spears, iii. 258.

XII. Soldiers sporting, &c.

Provisions under the Mutiny Act, iii. 258.
XIII. Recovery and Application of Penalties
under the 1 & 2 Will. 4, c. 32.-Ap-
peal.-Certiorari, &c.

Recovery and application of penalties, &c.,
iii. 258.

(1). The Information.
Form of, iii. 258.

Oath not necessary, iii. 258.

But, before any proceeding had on the in-
formation, the charge must be deposed to
on oath by a witness, iii. 259.
Limitation of prosecution, iii. 259.
Statement, &c. of time, iii. 259.
Proof of, iii. 259.

Statement of place, iii. 259.

(2). The Summons, or Warrant.
Necessity for, iii. 259.

Enforcing appearance, iii. 259.

Power to summon witnesses, iii. 260.

GAME-continued.

XIII. Recovery, &c. of Penalties, &c.—con.
(3). Hearing of the Case and Evidence, &c.
In general, iii. 260.

Informer not a competent witness, iii. 260.
Inhabitants competent, iii. 260.

Penalty on witnesses not attending, iii. 260.
Evidence, iii. 261.

Not necessary to prove a negative, iii. 261.
Upon what evidence justice ought to con-
vict, iii. 261.

Minute of proceedings, iii. 261.

(4). The Conviction, Costs, &c.
Form of, iii. 261.

As to a literal adherence to the form pre-
scribed, iii. 261.

Where defendant makes default in appear-
ance, iii. 262.

Stating the evidence, iii. 262.
Application of penalties, iii. 262.
Inhabitants may be witnesses, iii. 262.
One moiety of penalties recovered to be paid
to informer, and the other to overseer or
parish officers, iii. 262.

Time for payment of penalties, and scale of
imprisonment for non-payment, iii. 262.
Conviction for several penalties, iii. 263.
Amount of penalty, iii. 263.
Costs, iii. 264.

Convictions to be returned to sessions, iii.
264.

(5). Levying of Penalty.

Distress, iii. 264.

Commitment, iii. 264.

Commitment not bad for defect in form, iii.
264.

Payment of penalty after commitment, iii.
264.

(6). Appeal and Certiorari.

Appeal to sessions, iii. 264.
Notice of, iii. 264.
Recognizance, iii. 265.
Costs, iii. 265.

No certiorari. Defects in form, &c., iii. 265.
XIV. Protection of Persons acting in Execu-

tion of 1 & 2 Will. 4, c. 32.-Limitation
of Actions.-Tender of Amends.
Venue, &c. in proceedings against persons
acting under act, iii. 266.
Notice of action, iii. 266.
General issue, iii. 266.
Tender of amends, iii. 266.

Gamekeeper when not entitled to notice of
action, iii. 266.

XV. Offence of Night-Poaching and going
armed, &c., against 9 Geo. 4, c. 69.
See ADDENDA, tit. GAME.

(1). General Clauses of 9 Geo. 4, c. 69.
What shall be deemed night, iii. 266.
What shall be deemed game, iii. 266.
Limitation of proceedings, iii. 266.

GAME-continued.

XV. Night-Poaching and going armed-con.
(2.) Offences punishable under 9 Geo. 4, c.
69, by summary Conviction and Ap-
prehension of Offenders.

Punishment for taking game at night,

266.

First offence, iii. 267.
Second offence, iii. 267.
Third offence, iii. 267.

Apprehension of offenders, iii. 267.
Assaulting gamekeepers, iii. 267.
Warrant for apprehension of offenders, i
268.

Limitation of prosecution, iii. 268.
Form of conviction, iii. 268.
Appeal, &c., iii. 268.

Notice of recognizance, iii. 268.
Costs, iii. 269.

No certiorari, &c., iii. 269.
Convictions to be returned to sessions re-
gistered, and may be given in evidence,
iii. 269.

Observations on the enactments, iii. 269.
Apprehension of offenders, iii. 270.
Who has authority to apprehend, iii. 270.
Who may be apprehended, iii. 270.
In what way, iii. 270.

Resistance by poachers when arrest lawful,
iii. 270.

Resistance when arrest unlawful, iii. 270.

(3). Offences under 9 Geo. 4, c. 69, punishable
by Indictment.

Persons to the number of three going out
armed, iii. 271.

Punishment for, iii. 271.

Third offence, iii. 271.

Assaulting keepers, &c. in apprehending
offenders, iii. 272.

Limitation of prosecutions, iii. 272.
What an offence within act, iii. 272.
What an entry, &c., iii. 272.

Evidence of, iii. 272.

Intent to take game, iii. 273.

Some of the defendants must be armed, i
273.

What are offensive weapons, iii. 273.
The indictment for, iii. 273.
Description of close, iii. 273.
Must state an entry, &c. by night, iïï. 274.
That defendants were armed, iii. 274.
Indictment for assaulting gamekeeper, un-

der 9 Geo. 4, c. 64, s. 2., iii. 274.
Joinder of counts, &c., iii. 274.
Evidence confirmative of accomplice, iii. 275.
XVI. Stealing, &c. of Deer, destroying Park
Palings, &c., assaulting Keepers, ¿c.
Stealing, &c. deer in parks or inclosed parts
of forests, iii. 275.

In uninclosed parts of forests, &c., iii. 275.
Summary conviction and penalty, iii. 275.
Second offence, iii. 275.

GAME-continued.

XVI. Stealing, &c. of Deer, &c.—continued.

Penalty on suspected persons having venison,

or engines for destroying deer, and not ac-
counting for it, iii. 276.

How justices proceed if they cannot con-
vict, iii. 276.

Setting engines and destroying park paling,
&c., iii. 276.

Seizing of dogs, guns, &c., iii. 276.
Assaulting keepers, &c., iii. 276.
Destroying covert, iii. 277.

XVII. Killing, &c. of Hares and Conies in
Warrens, &c.

Offence of killing hares or conies in warrens,
&c. in night-time, iii. 277.

In day-time, iii. 277.

Proviso as to sea and river banks, iii. 277.
What an offence within act, iii. 277.
Abettors punishable on summary conviction,
iii. 277.

A person in act of committing offence may
be apprehended without warrant, iii. 278.
A justice, on suspicion proved on oath, may
grant a search-warrant, as for stolen goods,
iii. 278.

Limitation as to summary proceedings, iii.
278.

Competency of witnesses, iii. 278.

Compelling appearance of persons punish-
able on conviction, iii. 278.

Application of forfeitures and penalties, iii.
278.

If a person summarily convicted shall not
pay, &c., the justice may commit, iii. 279.
Scale of imprisonment, iii. 279.
Justice may discharge offender in certain
cases, iii. 279.

Pardon for non-payment of money, iii. 279.
A conviction a bar to other proceedings for
same cause, iii. 279.

Form of conviction, iii. 279.
Appeal, iii. 280.

No certiorari, &c., iii. 280.

Conviction to be returned to sessions, iii.
280.

How far evidence in future cases, iii. 280.
Rights of warren, &c., iii. 280.

VIII. Laws as to Swans.

A swan a royal fowl, iii. 281.
Qualification to keep swans, iii. 281.
Stealing swans marked, iii. 281.
Swans unmarked, iii. 281.
Swans' eggs, iii. 281.

IX. Laws as to Pigeons.

Who may erect a dove-cote, iii. 281.
Dove-cote not a nuisance, iii. 281.
Killing, &c. house-pigeons, iii. 281.
Pigeons trespassing, iii. 281.
Pigeons to go to the heir, iii. 281.

I. Gaming in general.

Gaming not an offence at common law, iii.
311.

Unless by fraud, iii. 311.

Or excessive, iii. 311.

Keeping a gaming-house, iii. 311.
Cock-fighting, iii. 311.

Statutes against, iii. 311.

Artificers and servants prohibited gaming,
iii. 311.

Inconvenience of unlawful use of, recited, iii.
311.

Deceits and cousenages in, iii. 312.
Penalty for, iii. 312.

How to be sued for and recovered, iii. 312.
Prevention of excessive and immoderate

gaming for more than 1007., iii. 312.
Contracts, &c. void, iii. 312.

And a penalty for offence, iii. 313.
How recovered, iii. 313.

Treble costs, iii. 313.

Mortgages, &c. where consideration is for
money won by or for repayment of money
lent at gaming, &c. void, iii. 313.
Where such mortgages, &c. shall encumber
any lands, &c., they shall devolve to such
person as should have been entitled to
them in case such grantor had been dead,
&c., iii. 313.

And all conveyances to hinder such lands

from devolving, &c. shall be void, iii. 313.
Securities now deemed illegal not void, iii.
313.

Loser of 107., &c. at cards, &c. may sue for
the money within three months, iii. 313.
And if he do not, any other person may, iii.
314.

And recover with treble value; one moiety to
the informer, the other to the poor, iii.
314.

Person sued shall answer upon oath to dis-
cover the money won, iii. 314.

The person who shall so discover and repay
shall be indemnified from further punish-
ment, iii. 314.

Winning by fraud, &c. above 101. at one
sitting indictable, iii. 314.
Penalty and punishment for, iii. 314.

GAMING AND LOTTERIES-continued.

I. Gaming in general—continued.

Two justices may cause persons who have
no visible estate, &c. to be brought before
them, and find sureties for their good be-
haviour, or be committed, iii. 315.
Persons so finding sureties and playing for
208. forfeit recognizance, iii. 315.
Assaults, iii. 315.

Act not to prevent gaming in palaces during
king's residence, &c., iii. 315.

Construction to be put on 16 Car. 2 and 9

Ann. iii. 315.

Horse-races, iii. 317.

Certain games declared of themselves illegal,
iii. 317.

No person shall keep a place for playing
roly-poly, or other game with cards or
dice, iii. 317.

Persons so playing shall incur the penalties
of 12 Geo. 2, c. 28, iii. 318.
Court of equity, where a bill shall be filed
for any sum won, may enforce decree, iii.
318.

Persons may be summoned to give evidence,

who, on neglect or refusal, or giving false
evidence, shall forfeit 501. or be commit-
ted for six months, iii. 318.

No person incapable of being a witness, ex-
cept the parties in the cause, iii. 319.
Proviso for palaces, iii. 319.

No privilege of Parliament, &c., iii. 319.
Winning 10%. at one sitting, or 207. in twen-
ty-four hours, indictable, iii. 319.
Penalty for, &c., iii. 319.

Offenders discovering others shall be dis-
charged, iii. 319.

What offence within the 18 Geo. 2, c. 34,
iii. 319.

What a losing at one sitting, iii. 319.
Form of indictment, iii. 319.

Action for penalty, iii. 319.
Vagrants, iii. 319.

In prisons, iii. 319.

In public-houses, iii. 319.

II. Keeping or haunting Gaming-Houses.
Keeping one an offence at common law, iii.
320.

Punishment for, iii. 320.

The 25 Geo. 2, c. 36, s. 5, declares the com-
mon law, iii. 320.

Gaming-houses prohibited by 23 Hen. 8,
c. 9, iii. 321.

Playing in inns, iii. 321.
Cock-pits, iii. 321.

Haunting gaming-houses, iii. 321.

Power of justices as to keepers of such
houses, and those found there, iii. 321.
And of officers in cities and towns, iii. 321.
Artificers and servants, iii. 321.
Masters may license such, iii. 321.
Also certain persons may, iii. 321.
Punishment of offenders using unlawful
games, iii. 322.

Power of justices to commit, iii. 322.

GAMING AND LOTTERIES-continued.

II. Keeping or haunting Gaming Houses-con.
Application of penalties, iii. 322.
How recovered, iii. 322.
Keeping or haunting gaming-houses,
322.

Penalty, 2004., iii. 322.

No privilege of Parliament, iii. 322.
Overseers and constables may be compeled
to prosecute gaming-house keepers, m
322.

In public-houses, iii. 322.

III. Lotteries and Little Goes.

Lotteries declared nuisances, iii. 322.
Persons keeping such lotteries, penalty,
500/., iii. 323.

Offenders deemed rogues, iii. 323.
Persons playing, &c. to forfeit 201., L. 323.
Justices to prevent such, iii. 323.
Setting up or advertising such lotteries 1
penalty of 1007., iii. 323.
Insurances on marriages, &c., and keeping
of offices for lotteries, &c., prohibited, L.L.
324.

Printers publishing same subject to penalty,
iii. 324.

Sales of lands or goods, and chances in pub-
lic lotteries, prohibited, iii. 324.
Adventurers in same subject to a penalty of
double sum paid, iii. 325.

Keeping an office, &c. for the sale of pro-
perty by lottery, &c.; or advertising,
&c. lotteries of money; or exposing to
sale lands, jewels, &c. by lottery, &c.,
shall be subject to a penalty of 2004.,

327.

Application of penalties, iii. 328.
Certain games declared illegal, and within
the acts, iii. 328.

Penalty of 501. on the adventurers, iii. 328.
"Passage" and other games with dice, &c.

illegal within the 12 Geo. 2, c. 28. m. 328.
Penalty on keepers of tables, &c., iii. 328.
Penalty on persons playing at those games,
iii. 329.

Several penalties, iii. 329.

Sales of property by lottery, &c. void; and

property forfeited, &c., iii. 329.
Little goes and other lotteries, iii. 329.
Persons keeping any place for a game or
lottery not authorized by law, &c. shall
forfeit 500/., &c., iii. 329.
Vagrants, iii. 330.
Justices may authorize persons to break
open doors where such offences commit
ted, and apprehend offenders, &c., iii. 330.
Penalty for obstructing persons, iii. 350.
Persons agreeing to pay any sum, or to de-
liver goods, &c., on any event relative to
such game or lottery, or publishing pro-
posal, shall forfeit 1001., iii. 330.
Offenders may be apprehended on the spot,
and carried before a justice, who shall, on
the penalty not being paid, commit of-
fender, iii. 331.

GAMING AND LOTTERIES-continued.

III. Lotteries and Little Goes-continued.
Application of penalty, iii. 331.
General issue, iii. 331.
Treble costs, iii. 331.

Penalties to go to the Queen, and to be sued

for in name of Attorney-General, &c., iii.
331.

State lotteries, iii. 331.

Bankrupt's certificate, iii. 332.
Foreign lotteries, iii. 332.

Setting up &c., penalty for, iii. 332.

Selling or procuring chances in foreign lot-
teries, iii. 332.
Appeal, iii. 332.

Advertising foreign or illegal lotteries pro-
hibited, iii. 332.

IV. Forms as to.

Commitment on 9 Ann. c. 14, s. 5, for
winning by fraud, iii. 333.

Indictment for like offence for playing with
dice, iii. 333.

The like in another form for playing at cards,
iii. 333.

8, for

Commitment on 18 Geo. 2, c. 34, s.
winning above 107., iii. 333.
Indictment for like offence for playing with
dice, iii. 333.

The like in another form by playing with
cards, iii. 334.

Indictment on 18 Geo. 2, c. 34, s. 8, for
losing more than 207. within 24 hours,
iii. 334.
Commitment for keeping a gaming-house,
iii. 334.

Indictment for keeping same, iii. 334.
Second count for keeping a common gaming-
room and place, iii. 334.

GAOLS AND HOUSES OF CORRECTION.
(For Counties and Ridings, &c.)
As to gaols and houses of correction for bo-
roughs and corporate towns, i. 131.
As to prisons for juvenile offenders, iii. 410.
See GAOLS FOR JUVENILE Offenders.
1. By what Authority erected.-To whom
they belong, and what are to be kept,
and Division of.-Power of Justices to
make Rules as to.

None to be erected but by statute, iii. 337.
To whom they belong, iii. 337.

In counties, &c. there shall be one gaol
and one house of correction, iii. 337.
Powers of 4 Geo. 4, c. 64, and 5 Geo. 4,
c. 85, extended to all gaols, except as to
classification of prisoners, subject to 5 & 6
Will. 4, c. 38, and 6 & 7 Will. 4, c. 105,
and 2 & 3 Vict. c. 56, iii. 338.
Houses of correction already established may
be retained for classification of prisoners,
iii. 338.
Quarter sessions to execute act; and to as-
certain the classes to be confined in
prisons, iii. 338.
VOL. VI.

GAOLS, &c.-continued.

I. By what Authority erected, &c.—continued.
Notice of order of sessions to be given, and
copy served on keepers of gaols, &c., iii.
338.

Proviso for removal of prisoners, iii. 338.
Proviso for classification of, iii. 339.
Provision for classification where gaol and

house of correction together, iii. 339.
Regulation as to confinement of prisoners
for debt, iii. 339.

Persons removed to part of building de-
clared the gaol deemed in custody of
sheriff, iii. 339.

Proviso for sheriff, iii. 339.

Chapel and sick wards common to both, iii,
340.

Justices, &c. may make further regula-

tions for prisons, iii. 340.

In London and Middlesex, iii. 340.
Copies of rules to be put up in prisons, iii.
340.

Rules shall bind sheriffs, except as to ap-
pointment of gaolers, iii. 340.

Powers of sessions to be exercised in Lon.

don by the court of mayor and aldermen
as heretofore, &c., iii. 340.
Copies of proceedings and regulations of
justices, and plans of prisons, to be trans-
mitted to secretary of state, iii. 340.
The 5 & 6 Will. 4, c. 38, iii. 341.
Rules for government of prisons to be ap-
proved only as hereinafter provided, iii.
341.

Manner in which such rules are to be made

and approved, iii. 341.

Clerks of peace, &c. to transmit copies of
prison rules to secretary of state, who
may add to or alter them, iii. 341.
Clerks of peace, &c. to lay copies of prison
rules before sessions, iii. 341.

In case clerks of peace, &c. neglect to
transmit rules to secretary of state, he
may certify what rules he may deem ne-
cessary, iii. 342.

Justices, &c. authorized to make rules for
classification and separation of prisoners,
iii. 342.

Secretary of state to certify the fitness of
them, iii. 342.

Provision for prisons for which there is no

clerk of peace or chief magistrate, iii. 342.
Gaols, &c., though out of county, to be sub-
ject to jurisdiction of justices, iii. 342.
II. Building, altering, and repairing of.
Who to repair at common law, iii. 342.
On report or presentment of insufficiency of
gaols, sessions may contract for enlarg-
ing, building, or repairing them, iii. 343.
Notice in newspaper, iii. 343.
Contractor to give security, iii. 343.
Sessions may purchase houses, &c. for
building or enlarging prisons, iii. 343.
Insufficient prisons may be presented or
reported as such, iii. 344.

L