other land, nor to any person bonâ fide claiming and exercising any right or reputed right of free warren or free chase, nor to any gamekeeper lawfully appointed within the limits of any free warren, or free chase, nor to any lord or any steward of the crown of any manor, lordship, or royalty, or reputed manor, &c., nor to any gamekeeper lawfully appointed by such lord or steward within the limits of such manor, &c., or reputed manor, &c.

By sect. 36, when any person shall be found by day or night upon any land or in any of his majesty's forests, parks, chases, or warrens, in search or pursuit of game, and shall then and there have in his possession any game which shall appear to have been recently killed, it shall be lawful for any person having the right of killing the game upon such land by virtue of any reservation or otherwise, as before mentioned, or for the occupier of such land, (whether there shall or shall not be any such right, reservation, or otherwise,) or for any gamekeeper or servant of either of them, or for any officer as aforesaid of such forest, &c., or for any person acting by the order and in aid of any of the said several persons, to demand from the person so found such game in his possession, and in case such person shall not immediately deliver up such game, to seize and take the same from him, for the use of the person entitled to the game upon such land, forest, park, chase, or warren. For the best manner of pleading a justification for an act done under the authority of this section, see Wisdom v. Hodson, 3 Tyrw. 811.

By sect. 46, nothing in this act shall prevent any person from proceeding, by way of civil action, to recover damages in respect of any trespass upon his land, whether committed in pursuit of game or otherwise, save and except that where any proceedings shall have been instituted under the provisions of this act, against any person for or in respect of any trespass, no action at law shall be maintainable for the same trespass by any person at whose instance or with whose concurrence or assent such proceedings shall have been instituted, but that such proceedings shall, in such case, be a bar to any such action, and may be given in evidence, under the general issue. (See new rule as to plea "by statute," ante, p. 31.)

By sect. 47, for the protection of persons acting in the execution of this act, it is enacted, that all actions and prosecutions to be commenced against any person for anything done in pursuance of this act, shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and the defendant may plead the general issue, and give this act and the special matter in evidence; and no plaintiff shall recover in such action, if tender of sufficient amends shall have been made

before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant.

A person acting as a gamekeeper by virtue of a deputation, granted under stat. 48 Geo. III. c. 93, is not entitled (n) to a month's notice of action under this section, for "no one is a gamekeeper under the late act, unless he be registered with the clerk of the peace under it; the defendant is excluded, therefore, from the privileges conferred by the act, by the express language of sect. 16 (o), the deputation being not only given, but registered, under the old law.

The foregoing act does not extend to Scotland or Ireland. As to Scotland, see 2 & 3 Will. IV. c. 68. For offences relating to the game, which are the subject of indictment, or other penal enactment, see stat. 9 Geo. IV. c. 69, (extended by stat. 7 & 8 Vict. c. 29,) for the more effectual prevention of persons going armed by night for the destruction of game.

II. Of the Appointment and Authority of Gamekeepers under the New Act.

1

By stat. 1 & 2 Will. IV. c. 32, s. 13, any lord of a manor, lordship, or royalty, or reputed manor, &c., or any steward of the crown of any manor, lordship, or royalty, appertaining to his majesty, may, by writing under hand and seal, or in case of a body corporate, then under the seal of such body corporate, appoint one or more persons as gamekeepers, to preserve or kill the game within the limits of such manor, &c., or reputed manor, &c., for the use of such lord or steward thereof, and may authorize such gamekeeper, within the same limits, to seize and take for the use of such lord or steward, all such dogs, nets, and other engines and instruments for the killing or taking of game as shall be used within the said limits by any person not authorized to kill game for want of a game certificate. By sect. 14, any lord of a manor, &c. or reputed manor, &c., or any steward of the crown of any manor, &c. appertaining to his majesty, may appoint and depute any person, whether acting as a gamekeeper to any other person or not,. or whether retained and paid for as the male servant of any other person or not, to be a gamekeeper for any such manor, &c. or reputed manor, &c., or for such district of such manor, &c., as such lord or steward of the crown shall think fit, and may authorize such person, as gamekeeper, to kill game within the same for his own use, or for the use of any other person who may be specified in such

(n) Per Tindal, C. J., in Bush v. Green, 4 Bingh. N. C. 41; Scott, 289; recognized in Lidster v. Borrow, 9 A. &

E. 654, S. P.

out.

(0) See p. 911, where this section is set

deputation, and also may give to such person all such power and authorities as may, by virtue of this act, be given to any gamekeeper of a manor; and no person so appointed gamekeeper, and empowered to kill game for his own use, or for the use of any other person so specified as aforesaid, and not killing any game for the use of the lord or steward of the crown of the manor, &c. or reputed manor, &c., for which such deputation shall be given, shall be deemed to be or shall be entered or paid for as the gamekeeper or male servant of the lord or steward making such deputation. By sect. 6, it is provided, that no game certificate, on which a less duty than 37. 13s. 6d. is chargeable, under the act 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.

Sect. 15 contains regulations as to the appointment of gamekeepers by landowners of a certain value in Wales.

By sect. 16, no appointment or deputation of any person as a gamekeeper by virtue of this act shall be valid, unless, and until, it shall be registered with the clerk of the peace for the county, riding, division, liberty, franchise, city, or town, wherein the manor, lordship, or royalty, or reputed manor, &c., or the lands, shall be situate, for or in respect of which such person shall have been appointed gamekeeper; and in case the appointment of any person as gamekeeper shall expire or be revoked, by dismissal or otherwise, all powers and authorities given to him by virtue of this act shall immediately cease.

Sect. 17 authorizes persons who have obtained an annual game certificate, to sell game to any person licensed to deal in game. Provided, that no game certificate on which a less duty than 31. 13s. 6d. 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 as if he had no game certificate.

III. Of the Destruction of the Game at improper Seasons of the Year.

By stat. 1 & 2 Will. IV. c. 32, s. 3, persons killing or taking any game, or using any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game, on a Sunday or Christmas-day, on conviction before two J. P. shall forfeit a sum not

exceeding 57. with costs; and persons killing or taking any partridge between the 1st of Feb. and the 1st of Sept., or any pheasant between the 1st of Feb. and the 1st of Oct., or any black game, (except in the county of Somerset or Devon, or in the New Forest,) between the 10th of Dec. and the 20th of Aug. in the succeeding year, or in the county of Somerset or Devon, or in the New Forest, between the 10th of Dec. and the 1st of Sept.; or any grouse, commonly called red game, between the 10th of Dec. and the 12th of Aug., or any bustard, between the 1st of March and the 1st of Sept., shall, on conviction before two J. P., forfeit for every head of game so killed or taken, a sum not exceeding 17. with costs; and persons, with intent to destroy or injure any game, putting poison or poisonous ingredients on the ground, whether opened or enclosed, where game usually resort, or in any highway shall, on conviction before two J. P., forfeit a sum not exceeding 10l. with costs. By sect. 4, the possession of birds of game is made illegal, after ten days, in licensed dealers, and forty days in other persons, from the expiration of the season limited by the foregoing section.

IV. Of the Duties made Payable in respect of Game Certificates. By the Game Act, 1 & 2 Will. IV. c. 32, s. 5, the existing laws respecting game certificates are to remain unaltered.

By stat. 48 Geo. III. c. 55, entitled (inter alia) An Act for repealing the Duties on Game Certificates, and granting new Duties to be placed under the Management of the Commissioners of Taxes, "Every person using any dog, gun, net, or other engine, for the purpose of taking or killing game, or any woodcock, snipe, quail, or landrail, or any conies in G. B., if such person be a servant to a person charged in respect of such servant by this act, and shall use any dog, &c. for any of the before-mentioned purposes, upon a manor or royalty in England, Wales, or Berwick-on-Tweed, or Scotland, by virtue of a deputation or appointment duly registered or entered as gamekeeper, is charged with the annual sum of 17. 1s. (2), and if not a servant for whom the duties on servants shall be charged, the annual sum of 31. 3s. (3): and every other person using any dog, &c. for any of the purposes before mentioned, is chargeable with the annual sum of 31. 3s. with two exceptions only; 1st, the taking woodcocks and snipes, with nets and springes; and 2nd, the taking or destroying conies in warrens, or in any enclosed ground, or by any person in land in his occupation, either by him

(2) Four shillings were added by stat. 52 Geo. III. c. 93.

(3) Ten shillings and sixpence added to this and the following sum by stat. 52 Geo. III. c. 93.

self or by his direction." These duties are to be paid to the collector of assessed taxes for the place where party resides; and the collector is authorized to give a receipt, and to demand 1s. of the party for the same, over and above the duty, as a compensation for his trouble. The receipt being delivered to the clerk of the commissioners of the district, he will exchange it for a certificate, gratis. Gamekeepers, in whose behalf a receipt and certificate have been obtained by their masters, are not required to obtain a certificate for themselves; but it is provided that the certificate shall be void upon the revocation of the deputation, but the same may be renewed, for the remainder of the year, in behalf of the new gamekeeper. The same statute provides that unqualified persons shall not be protected by the certificate; and that the protection of gamekeepers' certificates shall not extend beyond the limits of the manor for which they are appointed. The following persons may demand the production of certificate, and permission to read or take a copy of it, viz. the assessor or collector of the parish where the party is using dog, &c.; commissioners of assessed taxes for the county, riding, division, or place; lord, lady, or gamekeeper of the manor; inspector of taxes for the district; any person duly assessed to these duties for killing game; and lastly, the owner, landlord, lessee, or occupier of the land. If certificate is not produced, then the party who has made the demand, may require the person using the dog, gun, &c., under a penalty of 201., to declare his christian and surname, and place of residence, and parish or place in which he has been assessed; lastly, persons who use dogs, guns, &c. without having obtained certificate, are to pay the duty of 31. 3s. by way of surcharge, and a penalty of 207. It is not necessary, that the demand of the certificate should be made on the land (p) on which the party was sporting; but if not, the demand must be made immediately, and so as in some degree to form a part of the same transaction. Nor is it necessary, that the party making the demand should produce any certificate; and if the other party refuse to produce (q) his certificate, he does so at the risk of whether the party demanding it is a gamekeeper, or other person having a right to demand it.

By stat. 52 Geo. III. c. 93, Sched. (L,) XIII. the penalties are recoverable before any two or more commissioners for the affairs of taxes, who shall give judgment for the penalty; or for such part thereof as the commissioners shall think proper to mitigate, not being less than one moiety. By stat. 54 Geo. III. c. 141, [27 July, 1814,] the duties and penalties contained in the schedule of the 52 Geo. III. c. 93, relating to persons aiding or assisting or intending to aid or assist in the taking or killing of any game, or any woodcock, snipe, quail, landrail, or coney, shall, after the pass(q) Ibid.

(p) Scarth v. Gardener, 5 C. & P. 40, Tenterden, C. J.