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.

S. 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. 138. 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 W. 4. 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 £5, 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 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 first of March and the first of Sept. shall, on conviction before two J. P. forfeit, for every head of game so killed or taken, a sum not exceeding £1 with costs; and persons, with intent to destroy or injure any game, putting poison or poisonous ingredients on the ground, whether opened or inclosed where game usually resort, or in any highway, shall, on conviction before two J. P., forfeit a sum not exceeding £10 with costs. By s. 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 W. 4. c. 32. s. 5, the existing laws respecting game certificates are to remain unaltered.

By stat. 48 G. 3. 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. 18. (1) and if not a servant for whom the duties on servants shall be charged, the annual sum of 31. 3s. (2): and every other person using any dog, &c. for any of the purposes before mentioned, is chargeable with the annual sum of 37. 38. with two exceptions only; 1. the taking woodcocks and snipes, with nets and springs; and 2. the taking or destroying conies in warrens, or in any enclosed ground, or by any person in land in his occupation, either by himself 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. Game

(1) Four shillings were added by stat. 52 G. 3.

C. 93.

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

keepers, 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 20l. 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 201. It is not necessary, that the demand of the certificate should be made on the landi 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 duce any certificate; and if the other party refuse to producek 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.

pro

By stat. 52 G. 3. 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. 3. c. 141. (27 July, 1814.) The duties and penalties contained in the schedule of the 52 Geo. 3. 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,

i Scarth v. Gardener, 5 C. & P. 40.

Tenterden, C. J.

k S. C.

landrail, or coney, shall, after the passing of this act, severally cease and determine; provided that the act of aiding and assisting as aforesaid, and in the said act mentioned, shall be done in the company or presence and for the use of another person who shall duly have obtained a certificate in his own right, according to the directions of the said act, and who therein shall, by virtue of such certificate, then and there use his own dog, gun, net, or other engine, for the taking or killing of such game, &c. and who shall not act therein by virtue of any deputation or appointment.

CHAP. XXIV.

IMPRISONMENT.

I. Of the Nature of the Action for false Imprisonment, and in what Cases it may be maintained.

II. Statutes relating to the Action for false Imprisonment, 21 Jac. 1. c. 12.-24 G. 2. c. 44.

III. Of the Pleadings.

L Of the Nature of the Action for false Imprisonment, and in what Cases it may be maintained.

FALSE imprisonment is a restraint on the liberty of the person without lawful cause; either by confinement in prison, stocks, house, &c., or even by forcibly detaining the party in the streets, against his willa. For this injury an action of trespass vi et armis lies, usually termed an action for false imprisonment. An unlawful detention is a new caption, and be declared on as suchb. An arrest on mesne process, may which is not returned, is wrongful, and false imprisonment will lie against the sheriffd; so if an officer of an inferior court does not return the process directed to him, he is a trespasser ab initio, and false imprisonment lies against him; for he is as sheriff within the jurisdiction. The sheriff must, at his peril, execute the writ upon the person really named therein; and if he mistakes the person, he is liable to an action for false imprisonment. A. B. brought false imprisonment against C.f who justified that he had a warrant to arrest

a Per Thorpe, C. J. 22. Ass. fo. 104. pl. 85.

b Cro. Jac. 379.

c 2 Rol. Ab. 563. pl. 9.

d Id. pl. 18.

e Per Hankford, J. 11 H. 4. 91. a. See also Thurbane and another, Hardr. 323. per Hale, C. B.

f Moor, 457. Hardr. 323. S. P.