2 Jac. 1. c. 27. James the First, intituled, "An Act for the better execution of the "Intent and Meaning of former Statutes made against shooting in 66 66 66 Guns, and for the Preservation of the Game of Pheasants and Partridges, and against the destroying of Hares with Hare Pipes, and tracing Hares in the Snow;" and an Act passed in the seventh year of of 5 7 Jac. 1. c. 11. the same reign, intituled, "An Act to prevent the Spoil of Corn and Grain by untimely hawking, and for the better Preservation of Pheasants and Partridges ;" and an Act passed in the twenty-second and twenty-third years of the reign of King Charles the Second, intituled, "An Act for the better Preservation of the Game, and for securing 10 "Warrens not inclosed, and the several Fishings of this Realm;" and an Act passed in the fourth year of the reign of King William and Queen Mary, intituled, "An Act for the more easy Discovery and "Conviction of such as shall destroy the Game of this Kingdom ;" and an Act passed in the fifth year of the reign of Queen Anne, intituled, "An Act for the better Preservation of the Game ;" and an Act passed 9 Anne, c. 25. in the ninth year of the same reign, intituled, "An Act for making the "Act of the Fifth year of her Majesty's Reign, for the better Preser 22 & 23 Car.2. c. 25. 4 W. & M. C. 23. 5 Anne, c. 14. 15 "vation of the Game, perpetual, and for making the same more effectual;" and an Act passed in the eighth year of the reign of King 20 8 G. 1. c. 19. George the First, intituled, " An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game;" and an Act passed in the tenth year of the reign of King George the Second, in10 G. 2. c. 32. tituled, "An Act for continuing an Act for the more effectual punishing "wicked and evil-disposed Persons going armed in disguise, and doing 25 26 G. 2. c. 2. Injuries and Violences to the Persons and Properties of his Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; "and for continuing two Clauses to prevent the cutting or breaking down "the Bank of any River or Sea Bank, and to prevent the malicious cutting of Hopbinds, contained in an Act passed in the Sixth year of his 30 present Majesty's Reign; and for the more effectual Punishment of "Persons removing any Materials used for securing Marsh or Sea Walls ་་ or Banks, and of Persons maliciously setting on fire any Mine, Pit or Delph of Coal or Cannel of Coal, and of Persons unlawfully hunting or taking any Red or Fallow Deer in Forests or Chases, or beating or 35 wounding Keepers or other Officers in Forests, Chases, or Parks, and "for more effectually securing the breed of Wild Fowl;" and an Act passed in the twenty-sixth year of the same reign, intituled, "An Act "to amend an Act made in the Eighth year of the reign of his late Majesty King George the First, intituled, 'An Act for the better 40 " recovery of the Penalties inflicted upon Persons who destroy the Game,' by enlarging the time within which Suits and Actions are to " be brought by force of the said Act ;" and an Act passed in the twenty 28 G. 2. c. 12. eighth year of the reign of King George the Second, intituled, “An Act 2 G. 3. c. 19. to explain and amend a clause in an Act made in the fifth year of the reign of Queen Anne, intituled, 'An Act for the better Preservation "'of the Game,' in relation to the selling or offering to sale any Game;" and an Act passed in the second year of the reign of King George the Third, intituled, "An Act for the better Preservation of the Game "in 5 "in that part of Great Britain called England;" and an Act passed in the thirteenth year of the same reign, intituled, "An Act to explain and 13 G. 3. c. 55. "amend the several Laws now in being, so far as the same relate to the 66 preservation of the Moor or Hill Game;" and an Act passed in the same year of the same reign, intituled, "An Act to repeal an Act made 13 G.2.c.80. "in the Tenth year of the reign of his present Majesty, intituled, An "Act for the better Preservation of the Game within that part of Great "Britain called England,' and for making other provisions in lieu "thereof;" and an Act passed in the thirty-ninth year of the same 39 G. 3. c. 54. 10 reign, intituled, "An Act for repealing two Acts passed in the Thirty"sixth year of the reign of his present Majesty, which limit the 15 "time for killing Partridges in England and Scotland, and for amending 66 so much of an Act passed in the second year of the reign of his present 5 Majesty as relates to such limitation within that part of Great Britain "called England, by making other provisions for that purpose;" and an Act passed in the forty-third year of the same reign, intituled, "An Act 48 G.S.c. 112. "for the better Preservation of Heath Fowl, commonly called BlackGame, "in the New Forest in the county of Southampton ;" and an Act passed in the forty-eighth year of the same reign, intituled, "An Act to repeal 48 G. 3. c. 95. 20" so much of an Act of the first year of King James the First as relates 25 30 "to the Penalties on shooting at Hares; and also to repeal an Act of the "Third year of King George the First, relating to Gamekeepers;" and an Act passed in the fiftieth year of the reign of King George the Third, intituled, "An Act for the better Preservation of Heath Fowl, commonly 50 G.3. c. 67. "called Black Game, in the counties of Somerset and Devon;" and an Act passed in the fifty-eighth year of the same reign, intituled, "An Act 586.3. c.75. "for the more effectual Prevention of Offences connected with the "unlawful Destruction and Sale of Game;" and an Act passed in the fifty-ninth year of the same reign, intituled, " An Act for further regu- 59 G. 3. c.102. "lating the Appointment of Gamekeepers in Wales;" and an Act passed in the ninth year of the reign of King George the Fourth, intituled, "An Act for the more effectual Prevention of Persons going 9 G. 4. c. 69. "armed by Night for the Destruction of Game;" and all Acts continuing or perpetuating any of the Acts or parts of Acts herein before 35 referred to, so far only as relates to the continuing or perpetuating the same respectively, shall be and continue in force until and throughout in the present year, and shall 40 the from and after that day, as to that part of the United Kingdom called with respect to whom every privilege and protection given by any of the said Acts shall continue in force as if this Act had 63. A 2 not Commence ment of this Act. What shall be deemed Game. Days and Seasons during which Game and Wild Fowl shall not be killed. 10 G. 2. c. 32. s. 10. in the not been made;) and this Act shall commence and take effect (except And be it Enacted, That the word "Game" shall for all the purposes of this Act be deemed to include Hares, Pheasants, Partridges, 5 Grouse, Heath or Moor Game, Black Game, and Bustards; and that the words "Lord of a Manor, Lordship, or Royalty, or reputed Manor, Lordship, or Royalty," shall throughout this Act be deemed to include a Lady of the same respectively. And be it Enacted, That if any Person whatsoever shall kill or 10 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, or shall trace any Hare in the snow, or shall at any time put or place any poison or poisonous ingredient with intent to destroy or injure any Game in any open or inclosed ground where 15 Game usually resort, 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 whatsoever shall kill or take any Partridge between the First day of 50 G. S. c. 67. February and the First day of September in any year, or any Pheasant 2 G. 3. c. 19. s. 1. 13 G.S.c. 55. s. 1. 1S G. 3. c. 80. s. 6. 39 G. 3. c. 34. s. 3. 43 G.3. c.1 12. Possession of Game illegal afterTen days in Dealers, and Forty days in other Persons, from the expiration of the Season. 20 between the First day of February and the First day of October in any 35 And be it Enacted, That if any Person licensed to deal in Game by 40 virtue of this Act as hereinafter mentioned shall buy or sell, or knowingly have in his house, shop, stall, possession or controul, 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, 5 Act, as hereinafter mentioned, shall 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 controul any bird of Game (except Pheasants and Partridges 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 10 person shall, on conviction of any such offence before two Justices of the Peace, forfeit and pay for every head of Game so bought or sold, or found in his house, shop, possession or controul, such sum of money, not exceeding One pound, as to the convicting Justices shall seem meet, together with the costs of the conviction. 15 And be it Enacted, That nothing in this Act contained shall in anywise affect or alter (except as hereinafter mentioned) any Act or Acts 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 20 to obtain and have annual Game Certificates; but that all persons who before the commencement of this Act were required to obtain and have such certificates, shall after the 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, 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 30 specified in such Act or Acts, shall extend and apply to all Gamekeepers of lands appointed under this Act as fully and effectually as if they were gamekeepers of manors and were expressly mentioned in and charged by such Act or Acts. 25 35 40 ficated Person may kill Game, subject to the law of TresProviso as pass. to Gamekeepers. And be it Declared and Enacted, That every Person who shall have Every certiobtained an annual Game Certificate shall be authorized to kill and take Game, subject always to an Action, or to such other proceedings as are hereinafter mentioned, for any Trespass by him committed in search or pursuit of Game: 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 kill or take any Game, or to use any dog, gun, net, or other engine or instrument for the purpose of killing or taking Game, except within the limits included in his appointment as gamekeeper; but that in any case where such Gamekeeper shall kill or take any Game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking Game, beyond such limits as aforesaid, he may be proceeded against under this Act, or otherwise, in 63. A 3 the This Act not to affect any existing or future Agree ments re specting This Act not to affect any of His Majesty's Forest. Rights, &c. Nor to affect any Cattle the same manner to all intents and purposes as if he had no Game Certificate whatsoever. 5 Provided also, and be it Enacted, That nothing in this Act contained shall authorize any Person seised or possessed of or holding any Land to kill or take the Game, or to permit any other person to kill or take the Game upon such land, in any case where, by any deed, grant, lease, or any written or parol demise or contract, a right of entry upon such land for the purpose of killing or taking Game hath been or hereafter shall be reserved or retained by or given or allowed to any grantor, lessor, landlord, or other person whatsoever; nor shall any thing in this 10 Act contained defeat or diminish any reservation, exception, covenant or agreement already contained in any private Act of Parliament, deed or other writing relating to the Game upon any land, nor in any manner prejudice the rights of any Lord or Owner of any forest, chase or warren, or of any Lord of any Manor, lordship or royalty, or reputed 15 manor, lordship or royalty, or of any Steward of the Crown of any manor, lordship or royalty appertaining to His Majesty. Provided also, and be it Enacted, That nothing in this Act contained shall in any way alter or affect the prerogative, rights or privileges of His Majesty, His heirs or successors, in or relating to any of His 20 Majesty's forests or the boundaries thereof, nor the rights, privileges or immunities of any Chief Justice in Eyre, or any Warden, deputy-warden or lieutenant of any of His Majesty's forests, or any Rangers, foresters, master-keepers, under-keepers, or other officers of or in any such forests, or of any person entitled to any right or privilege under them or any of them, nor give to any Lord of any Manor or manors within any forest or the boundaries thereof, nor to any other person whatsoever, any privileges, rights or powers within any such forest or the boundaries thereof, which he did not possess or to which he was not entitled before the passing of this Act; but that all the aforesaid prerogatives, immunities, privileges, rights and powers shall remain as if this Act had not been made. Provided also, and be it Enacted, That nothing herein contained shall gates or Right be deemed to give to any Owner of cattlegates or rights of pasture upon of Common. Lords of Manors may ap 25 30 or over any commons or pastures any interest or privilege which such 35 And be it Enacted, That it shall be lawful for any Lord of a Manor, point Game- lordship or royalty, or reputed manor, lordship or royalty, or any Steward of the Crown of any manor, lordship or royalty appertaining to His Majesty, by writing under hand and seal, or in case of a body corporate, 5 Anne, c. 14. 'then under the seal of such body corporate, to appoint one or more keepers. S. 4. s. 1. person |