720. By 9 Geo. IV. c. 69, game was defined to include hares, pheasants, partridges, grouse, heath or moor game, black game and bustards; but,

CURRENT DEFINITION OF "GAME.”

721. The current legal definition of game includes hares, rabbits, pheasants, partridges, woodcocks, snipes, grouse, black or moor game, and the eggs of any of the birds enumerated, the omission from a recent Act of the eggs of woodcocks and snipes being, apparently, one of those blunders with which Acts of Parliament abound.*

PECULIAR CREATURES.

722. Deer, swans, pigeons, and some other birds, though not commonly called game, are protected by special laws.

DEER.

723. When deer are ordinarily wild, though confined to a park, they are legally part of the estate to which the park belongs, and descend therewith to the heir; but,

724. Tame Deer.-Tame deer do not belong to the estate, but pass to the executor in case of the owner's death; and

725. Test of Tameness.-It has been decided that where deer are fed in winter, and their fawns are marked for identification, and they, without signs of fear, approach the keeper at feeding time, they are to be legally considered tame.

726. Penalties and Punishments.-Persons who course, hunt, snare, wound, kill, or carry away, or attempt to do either of those things against deer, in any other place than an enclosed park, without being authorized to do so, are liable to a penalty of £50, and upon conviction for a second offence are to be adjudged guilty of felony, subject to two years' imprisonment; while,

727. Any attempt to pursue or take deer in an enclosed park is felony subject to two years' imprisonment; while,

728. Persons found near where deer are kept, in possession of any snare, instrument, or weapon adapted for the taking of deer, may be required to satisfactorily account for the possession thereof, or, in default, are liable to a penalty of £20.

* See Appendix B.

729. Stray Deer Hounds.-Keepers of deer parks are authorized to prevent the entry therein of any dog adapted for the pursuit of deer; and

730. Trespassing in Deer Parks.-If any person enters, or proposes to enter, a deer park, in possession of any gun or instrument adapted for killing or taking deer, the keeper is authorized to take such gun or instrument from such person (783).

731, Unlawful Possession of Venison.-Any person found in possession of venison, or any part of a deer, must, on requisition to that effect, satisfactorily account for such possession, or become liable to a penalty of £20.

732. Destroying Park Fences.—When any person pulls down or destroys the fence of any enclosure where deer are kept, he is liable to a penalty of £20.

733. Assaulting Park Keepers.-Any person who assaults a keeper of a deer park, when in the execution of his duty, is liable to a conviction for felony, two years' imprisonment, solitary confinement, and whipping.

734. Game Licence to Kill Decr.—No ordinary person is legally authorized to kill deer who is not in possession of a game licence; but,

735. Hunting Deer.-Deer may be pursued, or hunted, by means of a pack of hounds, in the open country, without a licence on the part of any of the huntsmen (763); and

736. Owner may Kill without Licence.-The owner of any deer may kill, or cause to be killed, any portion of them, within his own. park or enclosure, just as if they were cattle, without reference to whether the person so killing has a game licence or not.

737. Stray Deer.-When deer stray from their ordinary place of enclosure, the owner may follow them for the purpose of restoration, without incurring the penalties of trespass.

SWANS.

738. Though frequently quite wild, and owned by no one, swans are often identified by marks; and, when so identified, they become property, and any one stealing one is guilty of felony.

739. Belong to Waters where found.-When swans habitually frequent private rivers or waters, even though they may not be marked, they are the property of the owner of the private waters, and stealing them is felony.

740. Disputed Ownerships.—Disputes as to property in swans have led to a decision that, though swans may frequently fly away

for considerable distances, yet, if they return again to the waters of their owner, and can be identified, and for the most part remain there, they are his property.

741. Swans' Eggs.-Any person detected stealing swans' eggs, or found with them in his personal possession, or in his house or premises, is liable to a penalty of five shillings for every egg.

PIGEONS.

742. When on the premises of their owners, pigeons are deemed as much property as are poultry or tame animals, and larceny arises out of stealing them accordingly; but,

743. Obsolete Law.-Formerly, unless a stray pigeon could be very distinctly identified, any person stealing it or catching it was not liable to punishment; now, however,

744. Punishment for Catching Pigeons.-Though catching or stealing a stray pigeon is not larceny, it being apparently the property of no person in particular, yet any person who catches, and detains a stray pigeon which he well knows is not his own property, is liable to a penalty of £20, or six months' imprisonment with hard labour; and

745. Unlawful Possession.-Any person found in possession of a live or dead pigeon, or any portion thereof, or the plumage thereof, may be compelled, by proceedings before a magistrate, to restore the same to the owner; and, on a second conviction for a similar offence, becomes liable to a penalty of £20, or six months' imprisonment with hard labour.

ROOKS, HAWKS, HERONS, &c.

746. The eggs of rooks, hawks, wild ducks, and of other birds not classed as game, are the property of the person upon whose land they are first laid, and taking them from thence is larceny; and

747. Young of Birds in General.-The young of all birds, when unable to secure their own liberty by flight, are, like eggs, the property of the person upon whose land they are living, and must not be stolen; but,

748. No Property in Wild Birds.-Full grown wild birds (not being game) are the property of no one; and

749. No Property in Rooks.—It has been especially decided that any person may legally kill full fledged rooks, even within the rookery to which they belong, and of course anywhere else (860).

GROWTH OF THE GAME LAWS.

750. Ancient Rights in Game.-The ancient Britons enjoyed the chase in common, it being their principal means of subsistence, and

at that time the game, as well as the land, was equally the property of all.

751. Saxon and Danish Times.—Under the Saxons and Danes, as the country became cultivated, the game fled into the forests and uncultivated lands, and these forests, not being appropriated to any private individuals, were held to be especially the property of the Crown.

752. Enactment of Canute.-Canute set bounds and limits to his forests, and, the better to have his own preserved from offenders, he made a law at Winchester, in the first year of his reign, whereby he reserved to himself the right of hunting over all forests and wastes, permitting occupiers to hunt within their own holdings; but,

753. Norman Origin of Modern Game Laws.-William of Normandy claimed and established the right of hunting, and taking all game and beasts of the chase, wherever they might be found; hence, 754. Blackstone's Theory.-The theory of the law, as set forth by Blackstone, is, that all wild game, no matter where found, is the absolute property of the Crown; and thus,

755. Crown Prerogative still Maintained.—The permission of the Crown to kill game, formerly granted by the earlier kings of England, is maintained to the present day; so that

ABSOLUTE RESTRICTION.

756. No person is entitled to kill game, even on his own land, unless he has authority to do so in the form of a document called a cence to kill game. Formerly a game licence was called a certificate, and is still commonly spoken of as such.

PRESENT GAME LAW.

757. The law now in force with regard to game licences is as flows:

“Every person, before he shall, in Great Britain, take, kill, or pursue, or der assist in any manner in the taking, killing, or pursuing, by any means Sever, or use any dog, gun, net, or other engine for the purpose of taking, king, or pursuing any game, or any woodcock, snipe, quail, or landrail, or ry coney, or any deer, shall take out a proper licence to kill game under ths Act, and pay the duty hereby made payable thereon; and if any person val do any such act as hereinbefore mentioned in Great Britain, without aving duly taken out, and having in force, such licence as aforesaid, he shall forfeit the sum of £20."

758. Exceptions.-Exceptions are made in the matter of licences to kill game of all kinds with reference to the following persons:759. Any of the Royal Family.

760. Any gamekeeper under the Crown.

761. Any servant of a person duly licensed, killing game under instructions, and in the presence of such person.

762. Woodcocks and Snipes.--Woodcocks and snipes may be taken by means of nets or traps without licence.

763. Hunted Hares.-Hares, like deer (735), may be killed without licence by means of coursing with greyhounds or hunting with beagles or other hounds; and

EXEMPTION AS TO HARES AND RABBITS.

764. A special exemption is made with reference to hares and rabbits, which any person may kill upon his own land, or authorize any one person to kill by written authority as follows:—

"I, Edgar Tudor, do authorize Charles Palmer to kill hares and rabbits upon my lands within the parish of Beechwood, in the county of York. Dated this first day of January, 1870. "(Signed) EDGAR TUDOR.”

765. Restriction of Permission.-Permission must not be given to kill hares to more than one unlicensed person at the same time, and the written permission (as above) must be registered with the clerk of the local magistrates, in order to have exonerating effect.

766. Register of Permissions.-Every magistrates' clerk is required to keep a register of written permissions to kill hares, in a book provided for that purpose, and must endorse upon a copy of the permission a certificate of registration, as follows:

"Registered, in pursuance of the statute 11 & 12 Victoria, c. 29, the first day of January, 1870, by me, clerk to the magistrates acting for the petty sessional division of Stonewell, in which the above-mentioned lands are situate. "Signed by the Clerk.”

RABBITS IN LINCOLNSHIRE.

767. Any person may take or kill rabbits in the day-time, on any sea bank or river bank, in the county of Lincoln, so far as the tide shall extend, or within one furlong of such bank.

NECESSITY FOR GAME LICENCES.

768. With the exceptions as to persons (761) and the exemption as to hares and rabbits (764), every sportsman must be provided with a licence to kill game.

769. Where Procurable.-Game licences may be procured at any

local Excise Office.

FORM OF ANNUAL GAME LICENCE.

Annual game licences are issued in the following form ::