GAME ACT

WHICH CAME INTO OPERATION ON THE 1ST NOVEMBER, 1831.

Dated 5th of October, 1831.

SINCE the publication of the Sixth Edition of "INSTRUCTIONS TO YOUNG SPORTSMEN," the Act of 1 and 2 Wm. IV. c. 32, has been passed with relation to the Game Laws, an Abstract of which is as follows:

SHORT EPITOME OF OLD NONSENSICAL STATUTES REPEALED. 13 Rich. 2, Stat. 1, c. 13. Prohibits Artificer, &c., not having Lands, &c., to the value of 40s, a Year, or Priest, not having 10l. a Year, from keeping any Greyhound, &c., or using Ferrets, &c., or taking or destroying Hares, or Conies, or other Gentlemen's Game.

22 Edw. 4, c. 6. Prohibits persons, not having Freehold Lands of the value of Five Marks a year, from "having any Mark, or Game of Swans."

11 Hen. 7, c. 17. Prohibits any person from bearing any Hawk, of the Breed of England, or taking any Hawks in their Warrens or Woods, or driving them from their Coverts, or taking any Pheasants or Partridges by Net, Snares, or other Engines, out of his own Warren; or the taking of the Eggs of ary Falcon, Gosshawk, Laner, or Swan.

19 Hen. 7, c. 11. Prohibits the taking of any Herons, unless with Hawking or Long Bows, or taking young Herons out of the Nest, or destroying their Eggs.

14 and 15 Hen. 8, c. 10. Prohibits any Person from tracing and killing any Hare in the Snow, under a Penalty of 6s. 8d.

25 Hen. 8, c. 11. Prohibits the destroying of Eggs of Wild Fowl, from 31 March to 30 June.

33 Hen. 8, c. 6. Prohibits the use of Crossbows and Handguns, unless by Persons having 100l. a Year in Lands, Annuities, or Offices; or who shall be licensed by the King.

23 Eliz. c. 10. Prohibits hawking in another Man's Corn, after it is eared, and before it is shocked, under a Penalty of 40s.; and killing any Pheasant or Partridge in the Night time, under a Penalty of 20s. for the former, and 10s. for the latter.

2 James 1, c. 27. Prohibits shooting, or destroying, any Pheasant, Partridge, Pigeon, “Hearn,” Mallard, Duck, Teal, Wigeon, Grouse, Heath-cock, Moor-game, or Hare, or taking the Eggs of any Pheasant, Partridge, or Swan, or destroying the same in the Nest; or tracing any Hare in the Snow, or destroying them with Hare-pipes, Cords, &c. Also, the keeping of any Greyhound, for coursing, or any Setting Dog, or Nets, to take Pheasants, or Partridges (except Persons having Lands of Inheritance of 10l. a Year; or for Life or Lives, of the value of 30l. a Year, or Goods and Chattels to the value of 2001.; or being the Son of a Knight, or a Baron of Parliament, or of some Person of higher degree, or the Son and Heir of any Esquire).

Also the selling, or buying to sell again, any Deer, Hare, Partridge, or Pheasant.

7 James 1, c. 11. Prohibits the destroying, or killing, any Pheasant, or Partridge, with Hawk, or Dog, between 1st July and the 31st August, under a Penalty of 40s.; and 20s. for every such Pheasant or Partridge, taken or killed.

22 & 23 Car. 2, c. 25. Prohibits setting or using Snares, &c., under a Penalty not exceeding 10s. and making Compensation to the Party injured; and this Act also prohibits the killing of Conies in Warrens.*

4 Will. & Mary, c. 23. Prohibits the burning, between 2nd of February and 24th of June any Grig, Ling, Heath, Furze, Goss, or Fern, on any Mountains, Hills, &c. And the

5 Ann. c. 14. Gives particular directions concerning the burning of Ling, &c., in Sherwood Forest, and other Places in Nottinghamshire; and subjects Higglers, Carriers, Innkeepers, Victuallers, and Alehouse-keepers, having in their Cus tody any Hare, Pheasant, Partridge, &c., to penalties.

9 Ann. c. 25. Prohibits the killing of any Hares, Pheasants, Partridges, Moor- (or Heath-) Game, or Grouse, in the Night time, under a Penalty of 51.; and enacts that no Lord of a Manor shall make more than one Gamekeeper within one Manor with power to kill Game.

8 Geo. 1, c. 19. Directs that when any Person shall be liable to any pecuniary Penalty for Offences against the Game Laws, any other Person may recover the Penalty by Information, before a Justice, or sue for the same.

And by the 3rd section, "every person, not having Lands and Tenements, or some other estate of inheritance, in his own or his Wife's right of the clear yearly value of 100l. per Annum, or for term of life, or having a Lease or Leases of Ninetynine Years, or for any longer term, or of the clear yearly value of 150l. (other than the Son and Heir apparent of an Esquire, or other Persons of higher degree, and the Owners and Keepers of Forests, Parks, Chases, or Warrens), is prohibited from having, keeping, or using any Guns, Bows, Greyhounds, Setting Dogs, Ferrets, Coney Dogs, Lurchers, Hays, Nets, Lowbels, Hare-pipes, Guns, Snares, or other Engines aforesaid.

10 Geo. 2, c. 32. So far as regards the Game Laws, prohibits the taking of Wild Fowl, in Nets, between the 1st of July and the 1st of September.

26 Geo. 2, c. 2. Directs that suits for pecuniary Penalties, under the Game Laws, may be brought before the End of the second Term, after the Offence committed.

28 Geo. 2, c. 12. Directs that Persons selling or exposing for Sale any Game, shall be liable to the Penalties of the 5th of Anne against Higglers, &c.

2 Geo. 3, c. 19. Prohibits the killing, selling, buying, or possessing, of any Partridge, between the 22nd of February (altered by 36 Geo. 3, c. 39, to the 12th of February, and by the 39 Geo. 3, c. 34. to the 1st of February) and the 1st of September, subject to a Penalty of 51. for every such Fowl.

13 Geo. 3, c. 55. The time for killing Black Game from August 20 (afterwards altered, by 43 Geo. 3, c. 112, to 1st of September), to December 10.

Grouse, commonly called Red Game, between 12th August and 10th December; and Bustards between 1st of May and 1st of September.

13 Geo. 3, c. 80. Prohibits the killing, taking, or destroying, or using of any Gun, Dog, Snare, Net, or other Engine, with intent to kill, &c., any Hare, Pheasant, or Partridge, Moor Game, or Heath Game, in the Night, or in the Day time, upon a Sunday or Christmas Day, under a Penalty, for the first Offence, not exceeding 201, nor less than 107.; and for the second not exceeding 30l., nor less than 201.

39 Geo. 3, c. 34.

43 Geo. 3, c. 112. 48 Geo. 3, c. 93.

not.

50 Geo. 3, c. 67. between

58 Geo. 3, c. 75.

[See 2 Geo. 3, c. 19, ante.]

[See 13 Geo. 3, c. 55, ante.]

Lords of Manors may appoint Gamekeepers, whether qualified or

Prohibits the taking Black Game in Somersetshire and Devonshire, December 10 and September 1.

Prohibits the buying or selling of Game.

59 Geo. 3, c. 102. Is for the further regulating the Appointment of Gamekeepers in Wales.

SKETCH OF THE OLD STATUTES WHICH STILL REMAIN IN FORCE, ETC.

N.B. The old laws, which are not repealed (as heretofore abridged in the "Instructions ") are those which relate to

And "Persons found at night, armed with intent to kill game," &c. &c. An epitome of which will be found p. 528.

There is no limitation of time for killing hares! And, as the old certificate now holds good till the time when the new one can be obtained the 5th of July - hares may be lawfully killed at improper times of the year! This must surely have been overlooked in framing the New Act! It will be observed, in the following Abstract, that the

Act for Game Certificates is the same as before, with the addition of the new Penalty to the old one; and that EVERY ONE who takes out a CERTIFICATE is NOW QUALIFIED TO SHOOт, provided he has leave, or is not objected to, by the proprietors of the land or of the game.

The want of classification, or proper order under each head, proceeds from the
Act itself, and not from the compiler's abridgment of it.

The several NEW Enactments are as follows: :

Sec. 2. The word "GAME" to include Hares, Partridges, Grouse, Heath- (or Moor-) Game, Black Game, and Bustards.

PENALTY FOR SHOOTING ON SUNDAY OR CHRISTMAS

DAY.

Sec. 3. Any Person who shall kill or take, any Game, or use a Dog, Gun, Net, or other Engine, for that purpose on a Sunday or Christmas Day is subject, on conviction by Two Justices, to a Penalty not exceed*ing 5l., with costs.

TIME PROHIBITED FOR KILLING GAME.

Any Person who shall kill or take any Partridge between the 1st of February and the 1st of September;

Or any Pheasant between the 1st of February and the 1st of October;

Or any Black Game between the 10th of December and the 20th of August (or in Somersetshire, Devonshire, or the New Forest, between the 10th of December and the 1st of September);

Or any Grouse, called Red Game, between the 10th of December and the 12th of August ;

Or any Bustard, between the 1st of March and 1st of September is subject, on Conviction by Two Justices, to a Penalty not exceeding 11. for every Head of Game so killed or taken, with Costs.

PENALTY FOR POISONING GAME.

Any Person laying Poison to kill Game, is made liable to a Penalty not exceeding 101., with costs.

PENALTY FOR HAVING GAME AT A PROHIBITED TIME.

Sec. IV. Persons licensed to deal in Game (as after mentioned), who shall buy, or sell, or have in their Possession, any bird of Game, after Ten Days (one inclusive and the other exclusive) from the Days limited; and Persons, not licensed, who shall buy or sell any Bird of Game after such Ten days, or shall have in their Possession, any Bird of Game (except such as are kept in a Mew or Breeding Place) after Forty Days, shall be subject, on Conviction before Two Justices, to a Penalty not exceeding 11. for every such head of Game.

GAME CERTIFICATES.

Sec. 5. The Act not to affect the existing Laws respecting Game Certificates. But the 10 per cent. added by the late government to the assessed taxes, raises the price of a game certificate to 4l. Os. 10d.

GENERAL QUALIFICATION FOR EVERY ONE.

Sec. 6. EVERY PERSON who shall have an annual Game Certificate shall be authorized to kill Game (subject to an Action for any Trespass committed by him); but no Certificate, on which a less Duty than 31. 13s. 6d. (or 41. Os. 10d., with the 10 per cent.), is chargeable, shall authorize any Gamekeeper to kill or take Game; or use any Dog, Gun, Net, or other Engine, except within the Limits of his Appoint

ment.

GAME, THE EXCLUSIVE PROPERTY OF THE LANDLORD.

Sec. 7. Under existing Leases, or Agreements, made previous to the passing of this Act, the Landlord shall be entitled to enter or authorise any other Person or Persons, having an annual Game Certificate, to enter upon such Land, for the purpose of killing or taking Game; and no Tenant, under such Lease or Agreement, shall have the right to kill or take the Game, on such Land, unless such right is expressly granted, or allowed to him, by his lease or Agreement; or except he shall have paid a Fine on the granting or renewal of such Lease or Agree