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Where no clerk, surveyor to act, iii. 237.
Gamekeepers' certificates, ü. 237.
Lists to be advertised, iii. 238.
Unqualified persons not protected by certi-
ficate, &c., iii. 238.
Penalty for not producing certificates, &c. on
demand, üi. 239.
Penalty for acting without a certificate, zi.
Surcharge, iü. 240.
Offences, before whom to be determined,
Surcharge, iii. 240.
Power of mitigation to not less than one-
half of penalty, iii. 241.
Commitment, ii. 241.
Witnesses neglecting to appear, iii. 241.
Form of conviction, iii. 242.
Evidence of, iii. 242.
Royal family exempt, iii. 242.
by, iii. 242.
IX. When and how Game may be taken and
Killing game on a Sunday or Christmas-
day, iii. 243.
Laying poison to kill, iii. 244.
Possession of game illegal after ten days in
dealers, and forty days in other persons,
from expiration of season, iii. 244.
Destroying or taking eggs of, iii. 244.
Certificated persons may sell game to be
censed dealers, iii. 245.
Proviso as to gamekeepers, ü. 215.
Justices to hold special session yearly for
granting licenses to deal in, iii. 245.
Form of license, iii. 245.
Dealer to put up a board on his house, III.
Duration of license, iii. 245.
Sessions for license may be held at any time,
Licensed dealer must take out a 21. arub.
cate, iii. 246.
Penalty 201. for dealing without certificate,
Collectors to make out list of licensed dea.
lers, iii. 246.
Duties chargeable in same way as ander
acts relating to game certificates, ill. 270.
Proviso as to partners, iï. 247.
Licenses when to become void, iii. 247.
XI. Trespasses in Pursuit of Game-con.
ply to persons hunting, &c., iii. 252.
Game may be taken from trespassers not
delivering up same when demanded, iii.
Act not to preclude actions for trespass,
but no double proceedings for the same
trespass, iii. 253.
Where damages under 40s., iii. 253.
Certificate to deprive plaintiff of costs, iii.
Costs after notice not to trespass, iii. 254.
Damages in general, iii. 254.
Damages by followers, iii. 255.
Remedy by action on bond or agreement,
Remedy by suit in equity, iji. 255.
Remedy by indictment, &c., iii. 255.
(3). The Mode of preventing Trespasses.
Seizing, &c. dogs, &c., iii. 256.
Setting dog-traps, iii. 256.
Spring-guns, iii. 257.
Setting of, prohibited and made a misde.
meanour, iii. 257.
Persons permitting guns, traps, &c., set by
others, to continue, deemed to have set
them, iii. 257.
Proviso for guns set in a dwelling-house, iii.
And for traps for vermin, iii. 258.
Proviso for proceedings already commenced,
Scotland, iii. 258.
Setting dog.spears, iii, 258.
Provisions under the Mutiny Act, iii, 258.
under the 1 & 2 Will. 4, c. 32.-Ap-
Recovery and application of penalties, &c.,
(1). The Information.
Form of, iii. 258.
Oath not necessary, iii. 258.
But, before any proceeding had on the in-
formation, the charge must be deposed to
on oath by a witness, iii. 259.
Statement, &c. of time, iii. 259.
Proof of, iii. 259.
Statement of place, iii. 259.
(2). The Summons, or Warrant.
Enforcing appearance, iii, 259.
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.
XX. Laws as to Wild Ducks, Teal, or Wid.
geon, and other Birds.
Grouse, iii. 282.
Rookeries, iii. 282.
Noxious birds and animals, &c., iii. 282.
&c., üi. 276.
XXII. Forms as to, list of, iii. 282.
GAMING AND LOTTERIES. See this Title
Horse-races. See Horses AND Horse-
1. Gaming in general.
Gaming not an offence at common law, iü.
Unless by fraud, iii. 311.
Keeping a gaming-house, iii. 311.
be apprehended without warrant, ii. 278. Statutes against, iii. 311.
Inconvenience of unlawful use of, recited, iii.
Deceits and cousenages in, iii. 312.
Penalty for, ii. 312.
Prevention of excessive and immoderate
gaming for more than 1001., iii. 312.
Contracts, &c. void, iii. 312.
pay, &c., the justice may commit, iii. 279. How recovered, üi. 313.
Treble costs, iii. 313.
money won by or for repayment of money
lent at gaming, &c. void, iii. 313.
any lands, &c., they shall devolve to such
person as should have been entitled to
them in case such grantor had been dead,
&c., üii. 313.
from devolving, &c. shall be void, iii. 313.
Securities now deemed illegal not void, iii.
Loser of 101., &c. at cards, &c. may sue for
the money within three months, iii. 313.
And if he do not, any other person may, iii.
And recover with treble value; one moiety to
the informer, the other to the poor, iii.
Person sued shall answer upon oath to dis-
cover the money won, iii. 314.
The person who shall so discover and repay
shall be indemnified from further punish-
ment, iii. 314.
Winning by fraud, &c. above 101. at one
sitting indictable, iii. 314.
Penalty and punishment for, iii. 314.
GAMING AND LOTTERIES- continued. , GAMING AND LOTTERIES- continued.
II. Keeping or haunting Gaming Houses-c..
no visible estate, &c. to be brought before How recovered, iii. 322.
haviour, or be committed, iii. 315.
No privilege of Parliament, iii. 322.
Overseers and constables may be compeled
to prosecute gaming-house keepers, mi.
III. Lotteries and Little Goes.
Lotteries declared nuisances, iü. 322.
Persons keeping such lotteries, penalty,
5001., iii. 323.
Offenders deemed rogues, iii, 323.
Persons playing, &c. to forfeit 201., il. 383.
Justices to prevent such, ii. 323.
Setting up or advertising such lotteries 1
penalty of 1001., iii. 323.
Insurances on marriages, &c., and keeping
of offices for lotteries, &c., prohibited, li.
Printers publishing same subject to penalty,
Sales of lands or goods, and chances in pab.
lic lotteries, prohibited, iii. 324.
Adventurers in same subject to a penalty of
double sum paid, iii. 325.
Keeping an office, &c. for the sale of pro-
perty by lottery, &c.; or advertisins,
&c. lotteries of money; or exposing *
sale lands, jewels, &c. by lottery, &c.,
shall be subject to a penalty of 2001., i.
Application of penalties, iii. 328.
Certain games declared illegal, and within
the acts, iii. 328.
Penalty of 501. on the adventurers, iï. 33.
“ Passage” and other games with dice, &c.
illegal within the 12 Geo. 2, c. 28. m. 328.
Penalty on keepers of tables, &c., iii. 328.
Penalty on persons playing at those gases,
Several penalties, üü. 329.
property forfeited, &c., iii. 329.
Little goes and other lotteries, i. 329.
Persons keeping any place for a game of
lottery not authorized by law, &c. sball
forfeit 5001., &c., iü. 329.
Vagrants, iii. 330.
Justices may authorize persons to break
open doors where such otiences commit-
ted, and apprehend offenders, &c., ini. Jul.
Persons agreeing to pay any sum, or to de-
liver goods, &c., on any event relative to
game or lottery, or publishing prae
posal, shall forfeit 1001., č. 330.
Offenders may be apprehended on the spot,
and carried before a justice, who shall, on
the penalty not being paid, commit of
fender, üï. 331.