Page images


| GAME-continued.
VI. Who may kill or take Game-continued. VIII. Certificate to be taken out, &re.-CoR.
Conspiring to kill game, &c., iii. 230.

Where no clerk, surveyor to act, iii. 237.
Night poaching, &c., iii. 230.

Gamekeepers' certificates, ü. 237.
VII. Gamekeepers, and herein of the Power

Lists to be advertised, iii. 238.

Unqualified persons not protected by certi-
to search for, seize, and kill Game, &c.

ficate, &c., iii. 238.
Lords of manors, &c. may appoint game Gamekeepers' certificate confined to mabor,
keepers, iii. 230.

iii. 238.
Power of gamekeepers in manors, iü. 231.

Penalty for not producing certificates, &c. on
Lords of manors, &c. may grant deputa.

demand, üi. 239.
tions, iii. 231.

Penalty for acting without a certificate, zi.
Appointment of gamekeepers in Wales, iii.


Surcharge, iü. 240.
Appointments of gamekeepers to be regis. Appeal, iii. 240.
tered with clerk of peace, iii. 231.

Offences, before whom to be determined,
Cannot act as such beyond the limits of his

iii. 240.
appointment, iii. 232.

Surcharge, iii. 240.
Power over trespassers, iii. 232.

Power of mitigation to not less than one-
Gamekeeper's certificate, iii. 232.

half of penalty, iii. 241.
What manor, &c. or title to, sufficient, iü. Distress, üi. 241.

Commitment, ii. 241.
Power to seize guns, dogs, game, &c., iii. Appeal, iii. 241.

Witnesses neglecting to appear, iii. 241.
Whether power to shoot dogs, iii. 233.

Form of conviction, iii. 242.
Park-keepers empowered to seize guns, &c., Conviction to be entered, iii. 242.
iii. 233.

Evidence of, iii. 242.
Gamekeeper not authorized to sell game, Application of penalties, üi. 242.
iii. 234.

Royal family exempt, iii. 242.
As to gamekeepers sporting beyond their English and Irish certificates, exemptious
manors, iii. 234.

by, iii. 242.
A gamekeeper seizing the dog, &c. of an-

IX. When and how Game may be taken and
other gamekeeper, iii. 234.

killed, &c.
Discharging gamekeeper, iii. 234.

Killing game on a Sunday or Christmas-
Form of appointment or deputation, ii. 234.

day, iii. 243.
VIII. Certificate to be taken out, and Con Killing game out of season, iii. 243.
sequences of Omission.

Laying poison to kill, iii. 244.
The 1 & 2 Will. 4, c. 32, not to affect exist.

Possession of game illegal after ten days in
ing laws respecting certificates, iii. 235.

dealers, and forty days in other persons,
Penalty for killing game without a certifi-

from expiration of season, iii. 244.
cate cumulative, iii. 235.

Destroying or taking eggs of, iii. 244.
Commissioners of taxes to have the ma. X. Dealing in Game.
nagement of certificates, iii. 235.

Certificated persons may sell game to be
When the certificate expires, iii. 235.

censed dealers, iii. 245.
Amount of duty on certificate, and by whom

Proviso as to gamekeepers, ü. 215.
to be taken out, iii. 235.

Justices to hold special session yearly for
Additional 101 per cent., iii. 236.

granting licenses to deal in, iii. 245.
Exceptions, iii. 236.

Form of license, iii. 245.
Rules for charging ; duty to be paid to

Dealer to put up a board on his house, III.
collectors of assessed taxes annually, iii.


Duration of license, iii. 245.
Such of duties in schedule of 52 Geo. 3,

Sessions for license may be held at any time,
c. 93, as relate to persons assisting in

iii. 245.
killing of game shall cease, if the assist-

Licensed dealer must take out a 21. arub.
ance be given to a certificated person, &c.,

cate, iii. 246.
iii. 236.

Penalty 201. for dealing without certificate,
Collectors to give receipts, iii. 237.

iii. 246.
Their fee, iii. 237.

Collectors to make out list of licensed dea.
Receipts exchanged for certificates by clerk

lers, iii. 246.
to commissioners, iii. 237.

Duties chargeable in same way as ander
Receipts to be entered in books, iii. 237.

acts relating to game certificates, ill. 270.
Commissioners to assess parties accordingly, Penalty recoverable in same way, iii. 246.

üü. 237.
Forms of receipts and certificates, iii. 237.

Proviso as to partners, iï. 247.

Licenses when to become void, iii. 247.


GAME- continued.
X. Dealing in Game-continued.

XI. Trespasses in Pursuit of Game-con.
Penalty for selling without license, and on The provisions as to trespassers not to ap-
certificated persons selling to unlicensed

ply to persons hunting, &c., iii. 252.
persons, üii. 247.

Game may be taken from trespassers not
Exceptions as to innkeepers, iii, 247.

delivering up same when demanded, iii.
Penalty for buying, except from licensed

dealers, iii. 247.

Act not to preclude actions for trespass,
Penalty on licensed dealers buying from un.

but no double proceedings for the same
certificated persons, iii. 247.

trespass, iii. 253.
Or selling without a board affixed to house, Remedy for a trespass by action, &c., üi.
iii. 247.

Or fixing boards to several houses, &c., iii. Costs, iii. 253.

Where damages under 40s., iii. 253.
Or persons not licensed pretending to be Proviso as to notice not to trespass, iii. 254.
licensed, &c., iii. 247.

Certificate to deprive plaintiff of costs, iii.
As to buying and selling game by servants

of a licensed dealer, üi. 247.

Costs after notice not to trespass, iii. 254.
Indemnity to persons prosecuting for of-

Damages in general, iii. 254.
fences committed against the recited enact-

Damages by followers, iii. 255.
ments, iii. 248.

Remedy by action on bond or agreement,
XI. Trespasses in Pursuit of Game.

üi. 255.
1). What a Trespass.

Remedy by suit in equity, iji. 255.
In general, iii. 249.

Remedy by indictment, &c., iii. 255.
Pursuing game, iii. 249.

(3). The Mode of preventing Trespasses.
Pursuing beasts of prey, as, foxes, &c., iii. Resisting entry or forcing off land, iii. 256.

Seizing, &c. dogs, &c., iii. 256.
Landlord's right to enter on land of tenant, Setting spears, iii. 256.
iii. 212, 222.

Setting dog-traps, iii. 256.
On highways, iii. 250.

Spring-guns, iii. 257.
2). The Remedies for Trespasses.

Setting of, prohibited and made a misde.

meanour, iii. 257.
Trespassing in day-time upon lands in search

Persons permitting guns, traps, &c., set by
of, iii. 250.

others, to continue, deemed to have set
Five or more persons committing trespasses,

them, iii. 257.
iii. 250.

Proviso for guns set in a dwelling-house, iii.
Party may set up same defence as to an ac-

tion, iii. 250.

And for traps for vermin, iii. 258.
Where occupier, not being entitled to game,
allows another to kill it, party entitled to

Proviso for proceedings already commenced,

iii. 258.
game may enforce penalty, iii. 250.

Scotland, iii. 258.
Entering and being on land but one offence

Setting dog.spears, iii, 258.
under this section, iji. 250.
A party in pursuit of game on highway may XII. Soldiers sporting, &c.
be a trespasser under it, iii. 250.

Provisions under the Mutiny Act, iii, 258.
But a party by firing into a field cannot, iii. XIII. Recovery and Application of Penalties

under the 1 & 2 Will. 4, c. 32.-Ap-
Information under it, by whom may be laid,

peal.-Certiorari, &c.
üi. 251.

Recovery and application of penalties, &c.,
Evidence of what party says on hearing of

ii. 258.
case, üi. 251.

(1). The Information.
Description of place in proceedings, iji. 251.
Conviction not removable, iii. 251.

Form of, iii. 258.
Trespassers after game may be required to

Oath not necessary, iii. 258.
quit the land, and tell their names and

But, before any proceeding had on the in-
abodes, and, if they refuse, may be arrest-

formation, the charge must be deposed to

on oath by a witness, iii. 259.
ed, iii. 251.
Party arrested to be discharged, unless Limitation of prosecution, iii. 259.
brought before a justice within twelve

Statement, &c. of time, iii. 259.
bours, iii. 251.

Proof of, iii. 259.
Trespassers armed using violence, &c., iii.

Statement of place, iii. 259.

(2). The Summons, or Warrant.
Trespass in day-time in Queen's forests, iii. Necessity for, iii. 259.

Enforcing appearance, iii, 259.
What to be deemed day-time, iii. 252.

Power to summon witnesses, iii. 260.


GAME - continued. XIII. Recovery, &c. of Penalties, &c.—con. XV. Night-Poaching and going arraed-con. (3). Hearing of the Case and Evidence, &c.

(2.) Offences punishable under 9 Geo. 4. e. In general, iii. 260.

69, by summary Conviction and is Informer not a competent witness, iii. 260.

prehension of Offenders. Inhabitants competent, iii. 260. Penalty on witnesses not attending, iii. 260.

Punishment for taking game at night, in. Evidence, iii. 261.

266. Not necessary to prove a negative, iii. 261.

First offence, iï. 267. Upon what evidence justice ought to con

Second offence, üi. 267. vict, iii. 261.

Third offence, iii. 267. Minute of proceedings, iii. 261.

Apprehension of offenders, iii. 267.

Assaulting gamekeepers, ii. 267. (4). The Conviction, Costs, &-c.

Warrant for apprehension of offenders, il Form of, iii. 261.

268. As to a literal adherence to the form pre

Limitation of prosecution, iï. 268. scribed, iïi. 261.

Form of conviction, iii. 268. Where defendant makes default in appear.

Appeal, &c., iii. 268. ance, iii. 262.

Notice of recognizance, iïi. 268. Stating the evidence, iii, 262.

Costs, iii. 269. Application of penalties, iii. 262.

No certiorari, &c., iii. 269. Inhabitants may be witnesses, iii. 262.

Convictions to be returned to sessions reOne moiety of penalties recovered to be paid

gistered, and may be given in evidence, to informer, and the other to overseer or

iii. 269. parish officers, iii. 262.

Observations on the enactments, iü. 269. Time for payment of penalties, and scale of

Apprehension of offenders, iii. 270. imprisonment for non-payment, iii. 262.

Who has authority to apprehend, iii. 270. Conviction for several penalties, iii. 263.

Who may be apprehended, iii. 270. Amount of penalty, iii. 263.

In what way, iii. 270. Costs, iii. 264.

Resistance by poachers when arrest lansul, Convictions to be returned to sessions, iii.

iii. 270. 264.

Resistance when arrest unlawful, fii. 270. (5). Levying of Penalty.

(3). Offences under 9 Geo. 4, c. 69, punickable Distress, iii. 264.

by Indictment. Commitment, iii. 264.

Persons to the number of three going out Commitment not bad for defect in form, iii.

armed, iii. 271. 264.

Punishment for, iii. 271. Payment of penalty after commitment, ii. Third offence, iii. 271. 264.

Assaulting keepers, &c. in apprehending (6). Appeal and Certiorari.

offenders, üi. 272.

Limitation of prosecutions, üi. 272. Appeal to sessions, iii. 264.

What an offence within act, iii. 272. Notice of, iii. 264.

What an entry, &c., iii. 272. Recognizance, iii. 265.

Evidence of, iii. 272. Costs, iii. 265.

Intent to take game, iii. 273. No certiorari. Defects in form, &c., iii. 265.

Some of the defendants must be armed, IL XIV. Protection of Persons acting in Execu

273. tion of 1 & 2 Will. 4, c. 32.- Limitation What are offensive weapons, iii. 273. of Actions.Tender of Amends.

The indictment for, iii. 273. Venue, &c. in proceedings against persons

Description of close, ü. 273. acting under act, iii. 266.

Must state an entry, &c. by night, iii. 274. Notice of action, iii. 266.

That defendants were armed, iii. 274. General issue, iii. 266.

Indictment for assaulting gamekeeper, 18Tender of amenas, iii. 266.

der 9 Geo. 4, c. 64, s. 2., iii. 274. Gamekeeper when not entitled to notice of

Joinder of counts, &c., iïi. 274. action, iii. 266.

Evidence confirmative of accomplice, il. 213. XV. Offence of Night-Poaching and going XVI. Stealing, &c. of Deer, destroying Part armed, &c., against 9 Geo. 4, c. 69.

Palings, &c., assaulting Keepers, Ge. See ADDENDA, tit. GAME.

Stealing, &c. deer in parks or inclosed parts (1). General Clauses of 9 Geo. 4, c. 69.

of forests, iii. 275. 'What shall be deemed night, iii. 266.

In uninclosed parts of forests, &c., ill. 218. What shall be deemed game, iii. 266.

Summary conviction and penalty, 20. 278. Limitation of proceedings, iii. 266.

Second offence, iii. 275.


| GAME-continued.
XVI. Stealing, &c. of Deer, &c.continued.

XX. Laws as to Wild Ducks, Teal, or Wid.

geon, and other Birds.
Penalty on suspected persons having venison, Destroying nests, &c., iii. 281.
or engines for destroying deer, and not ac-

Grouse, iii. 282.
counting for it, iii. 276.

Rookeries, iii. 282.
How justices proceed if they cannot con XXI. Laws as to noxious Birds or Animals.
vict, iii. 276.

Noxious birds and animals, &c., iii. 282.
Setting engines and destroying park paling, Ferocious dogs, iii. 282.

&c., üi. 276.
Seizing of dogs, guns, &c., iii. 276.

XXII. Forms as to, list of, iii. 282.
Assaulting keepers, &c., iii, 276.
Destroying covert, iii. 277.


XVII. Killing, &c. of Hares and Conies in Duties on cards. See CARDS.
Warrens, &c.

Horse-races. See Horses AND Horse-
Offence of killing hares or conies in warrens,

&c. in night-time, iii. 277.

1. Gaming in general.
In day-time, iii. 277.

Gaming not an offence at common law, iü.
Proviso as to sea and river banks, iii. 277.

What an offence within act, iii. 277.

Unless by fraud, iii. 311.
Abettors punishable on summary conviction, Or excessive, iii. 311.
iii. 277.

Keeping a gaming-house, iii. 311.
A person in act of committing offence may Cock-fighting, iii. 311.

be apprehended without warrant, ii. 278. Statutes against, iii. 311.
A justice, on suspicion proved on oath, may Artificers and servants prohibited gaming,
grant a search-warrant, as for stolen goods,

iii. 311.
iii. 278.

Inconvenience of unlawful use of, recited, iii.
Limitation as to summary proceedings, iii.


Deceits and cousenages in, iii. 312.
Competency of witnesses, iii. 278.

Penalty for, ii. 312.
Compelling appearance of persons punish How to be sued for and recovered, iii. 312.
able on conviction, iii. 278.

Prevention of excessive and immoderate
Application of forfeitures and penalties, iii.

gaming for more than 1001., iii. 312.

Contracts, &c. void, iii. 312.
If a person summarily convicted shall not And a penalty for offence, iii. 313.

pay, &c., the justice may commit, iii. 279. How recovered, üi. 313.
Scale of imprisonment, iii. 279.

Treble costs, iii. 313.
Justice may discharge offender in certain Mortgages, &c. where consideration is for
cases, iii. 279.

money won by or for repayment of money
Pardon for non-payment of money, iii. 279.

lent at gaming, &c. void, iii. 313.
A conviction a bar to other proceedings for Where such mortgages, &c. shall encumber
same cause, iii. 279.

any lands, &c., they shall devolve to such
Form of conviction, iii. 279.

person as should have been entitled to
Appeal, iii. 280.

them in case such grantor had been dead,
No certiorari, &c., iii. 280.

&c., üii. 313.
Conviction to be returned to sessions, iii. And all conveyances to hinder such lands

from devolving, &c. shall be void, iii. 313.
How far evidence in future cases, iii. 280.

Securities now deemed illegal not void, iii.
Rights of warren, &c., iii. 280.


Loser of 101., &c. at cards, &c. may sue for
VIII. Laws as to Swans.

the money within three months, iii. 313.

And if he do not, any other person may, iii.
A swan a royal fowl, iii. 281.

Qualification to keep swans, iii. 281.

And recover with treble value; one moiety to
Stealing swans marked, iii. 281.

the informer, the other to the poor, iii.
Swans unmarked, iii. 281.

Swans' eggs, iii. 281.

Person sued shall answer upon oath to dis-

cover the money won, iii. 314.
IX. Laws as to Pigeons.

The person who shall so discover and repay
Who may erect a dove-cote, iii. 281.

shall be indemnified from further punish-
Dove-cote not a nuisance, iii. 281.

ment, iii. 314.
Killing, &c. house-pigeons, iii. 281.

Winning by fraud, &c. above 101. at one
Pigeons trespassing, iii. 281.

sitting indictable, iii. 314.
Pigeons to go to the heir, iii, 281.

Penalty and punishment for, iii. 314.



I. Gaming in general-continued.

II. Keeping or haunting Gaming Houses-c..
Two justices may cause persons who have Application of penalties, ü. 322.

no visible estate, &c. to be brought before How recovered, iii. 322.
them, and find sureties for their good be. Keeping or haunting gaming-houses, tā.

haviour, or be committed, iii. 315.
Persons so finding sureties and playing for Penalty, 2001., iü. 322.
20s. forfeit recognizance, iii. 315.

No privilege of Parliament, iii. 322.
Assaults, iii. 315.

Overseers and constables may be compeled
Act not to prevent gaming in palaces during

to prosecute gaming-house keepers, mi.
king's residence, &c., iii. 315.

Construction to be put on 16 Car. 2 and 9 In public-houses, iii. 322.
Ann. iii. 315.

III. Lotteries and Little Goes.
Horse races, iii. 317.
Certain games declared of themselves illegal,

Lotteries declared nuisances, iü. 322.

Persons keeping such lotteries, penalty,
iü. 317.

5001., iii. 323.
No person shall keep a place for playing

Offenders deemed rogues, iii, 323.
roly-poly, or other game with cards or

Persons playing, &c. to forfeit 201., il. 383.
dice, iii. 317.
Persons so playing shall incur the penalties

Justices to prevent such, ii. 323.
of 12 Geo. 2, c. 28, iii. 318.

Setting up or advertising such lotteries 1

penalty of 1001., iii. 323.
Court of equity, where a bill shall be filed

Insurances on marriages, &c., and keeping
for any sum won, may enforce decree, iii.

of offices for lotteries, &c., prohibited, li.

Persons may be summoned to give evidence,

Printers publishing same subject to penalty,
who, on neglect or refusal, or giving false

üi. 324.
evidence, shall forfeit 501. or be commit-

Sales of lands or goods, and chances in pab.
ted for six months, iii. 318.

lic lotteries, prohibited, iii. 324.
No person incapable of being a witness, ex-

Adventurers in same subject to a penalty of
cept the parties in the cause, iii. 319.
Proviso for palaces, iji, 319.

double sum paid, iii. 325.
No privilege of Parliament, &c., iii. 319.

Keeping an office, &c. for the sale of pro-

perty by lottery, &c.; or advertisins,
Winning 101. at one sitting, or 201. in twen.
ty-four hours, indictable, iii. 319.

&c. lotteries of money; or exposing *
Penalty for, &c., iii. 319.

sale lands, jewels, &c. by lottery, &c.,
Offenders discovering others shall be dis-

shall be subject to a penalty of 2001., i.

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

Application of penalties, iii. 328.

Certain games declared illegal, and within
iii. 319.

the acts, iii. 328.
What a losing at one sitting, iii. 319.

Penalty of 501. on the adventurers, iï. 33.
Form of indictment, iii. 319.

“ Passage” and other games with dice, &c.
Action for penalty, iii. 319.

illegal within the 12 Geo. 2, c. 28. m. 328.
Vagrants, iii. 319.

Penalty on keepers of tables, &c., iii. 328.
In prisons, iii. 319.
In public-houses, iii. 319.

Penalty on persons playing at those gases,

iii. 329.
II. Keeping or haunting Gaming-Houses.

Several penalties, üü. 329.
Keeping one an offence at common law, üi. Sales of property by lottery, &c. Foid ; ad

property forfeited, &c., iii. 329.
Punishment for, iii. 320.

Little goes and other lotteries, i. 329.
The 25 Geo. 2, c. 36, s. 5, declares the com-

Persons keeping any place for a game of
mon law, iïi. 320.

lottery not authorized by law, &c. sball
Gaming-houses prohibited by 23 Hen. 8,

forfeit 5001., &c., iü. 329.
c. 9, iii. 321.

Vagrants, iii. 330.
Playing in inns, iii. 321.

Justices may authorize persons to break
Cock-pits, iii. 321.

open doors where such otiences commit-
Haunting gaming-houses, iï. 321.

ted, and apprehend offenders, &c., ini. Jul.
Power of justices as to keepers of such Penalty for obstructing persons, iii. 350.
houses, and those found there, iii. 321.

Persons agreeing to pay any sum, or to de-
And of officers in cities and towus, iii. 321.

liver goods, &c., on any event relative to
Artificers and servants, iii. 321.

game or lottery, or publishing prae
Masters may. license such, iii. 321.

posal, shall forfeit 1001., č. 330.
Also certain persons may, iii. 321.

Offenders may be apprehended on the spot,
Punishment of offenders using unlawful

and carried before a justice, who shall, on
games, iii. 322.

the penalty not being paid, commit of
Power of justices to commit, iii. 322.

fender, üï. 331.

« PreviousContinue »