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forest, chase, or warren, or of any lord of any manor, lordship, or royalty, or reputed manor, &c., or of any
steward of the crown of any manor, &c. appertaining to his majesty.
By s. 9, this act is not to affect any of his Majesty's forest rights, &c. nor by s. 10, any cattlegates or rights of common; and lords of manors are to have the game on their wastes.
By s. 11, where the lessor or landlord shall have reserved to himself the right of killing the game upon any land, it shall be lawful for him to authorize any other person who shall have obtained an annual game certificate, to enter upon such land for the purpose of pursuing and killing game thereon.
By s. 12, where the right of killing the game upon any land is by this act given to any lessor or landlord, in exclusion of the right of the occupier of such land, or where such exclusive right hath been or shall be specially reserved by or granted to, or doth or shall belong to the lessor, landlord, or any person other than the occupier of such land, then and in every such case, if the occupier of such land shall pursue, kill, or take any game, upon such land, or shall give permission to any person, so to do, without the authority of the lessor, landlord, or other person having the right of killing the game upon such land, such occupier shall on conviction thereof before two J. P. pay a sum not exceeding two pounds, and for every head of game so killed or taken a sum not exceeding one pound, with costs.
By s. 23, persons killing or taking any game, or using any dog, net, gun, or other engine or instrument for the purpose of searching for or killing or taking game, not being authorized so to do for want of a game certificate, shall on conviction before two J. P., forfeit for every such offence, a sum not exceeding five pounds with costs : provided that no person so convicted shall by reason thereof be exempted from any penalty or liability under any statute relating to game certificates, but that the penalty imposed by this act shall be deemed to be a cumulative penalty.
By s. 30, reciting, that after the commencement of this act, game will become an article, which may be legally bought and sold, and it is therefore just to provide some more summary means than now by law exist for protecting the same from trespassers: it is enacted, that if any person shall commit any trespass, by entering or being in the day time, upon any land in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, such person shall, on conviction
thereof, before a J. P. forfeit a sum not exceeding two pounds with costs; and if any persons to the number of five or more together shall commit any trespass, by entering or being in the day time, upon any land in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, each of such persons shall, on conviction thereof, before a J. P. forfeit a sum not exceeding five pounds, with costs : provided, that any person charged with any such trespass shall be at liberty to prove, by way of defence, any matter which would have been a defence to an action at law for such trespass; save and except that the leave and license of the occupier of the land so trespassed upon shall not be a sufficient defence in any case, where the landlord, lessor, or other person shall have the right of killing the game upon such land by virtue of any reservation or otherwise, as before mentioned; but such landlord, lessor, or other person shall, for the purpose of prosecuting for each of the two offences herein last before mentioned, be deemed to be the legal occupier of such land, whenever the actual occupier thereof shall have given such leave or license; and that the lord or steward of the crown of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, shall be deemed to be the legal occupier of the land of the wastes or commons within such manor, &c. or reputed manor, &c.
By s. 31, where any person shall be found on any land, or upon his Majesty's forests, parks, chases, or warrens, in the day time, in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, the person having the right of killing the game upon such land, by virtue of any reservation or otherwise, as before mentioned, or the occupier of the land (whether there shall or shall not be any such right by reservation or otherwise), or the gamekeeper or servant of either of them, or any person authorized by either of them, or the warden, ranger, verderer, forester, masterkeeper, underkeeper, or other officers of such forest, &c. may require the person so found forthwith to quit the land whereon he shall be so found, and also to tell his christian name, surname, and place of abode; and in case such person shall, after being so required, offend by refusing to tell his real name, or place of abode, or by giving such a general description of his place of abode as shall be illusory for the purpose of discovery, or by wilfully continuing or returning upon the land, the party so requiring as aforesaid, and any person acting by his order and in his aid, may apprehend such offender, and convey him as soon as conveniently may be before a J. P.; and such offender (whether so apprehended or not), upon being convicted of any such offence before a J. P., shall forfeit a sum not exceeding five pounds, with costs : provided, that no person so apprehended shall, on any pretence, be detained for a longer period than twelve hours from the time of his apprehension until he shall be brought before some J. P., and that if he cannot, on account of the absence or distance of the residence of any such J. P., or owing to any other reasonable cause, be brought before a J. P. within such twelve hours ; then the person so apprehended shall be discharged, but may nevertheless be proceeded against for his offence by summons or warrant, according to the provisions hereinafter mentioned, as if no such apprehension had taken place.
By s. 34, for the purposes of this act, the day time shall be deemed to commence at the beginning of the last hour before sunrise, and to conclude at the expiration of the first hour after sunset.
By s. 35, the aforesaid provisions against trespassers and persons found on any land, shall not extend to any person hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare, or fox, already started upon any other land, nor to any person bonâ fide claiming and exercising any right or reputed right of free warren or free chase, nor to any gamekeeper lawfully appointed within the limits of any free warren, or free chase, nor to any lord or any steward of the crown of any manor, lordship, or royalty, or reputed manor, &c. nor to any gamekeeper lawfully appointed by such lord or steward within the limits of such manor, &c. or reputed manor, &c.
By s. 36, when any person shall be found by day or night upon any land, or in any of his Majesty's forests, parks, chases, or warrens, in search or pursuit of game, and shall then and there have in his possession any game which shall appear to have been recently killed, it shall be lawful for any person having the right of killing the game upon such land by virtue of any reservation or otherwise, as before mentioned, or for the occupier of such land, (whether there shall or shall not be any such right, reservation, or otherwise,) or for any gamekeeper or servant of either of them, or for any officer as aforesaid of such forest, &c. or for any person acting by the order and in aid of any of the said several persons, to demand from the person so found such game in his possession, and in case such person shall not immediately deliver up such game, to seize and take the same from him, for the use of the person entitled to the game upon such land, forest, park, chase,
or warten. For the best manner of pleading a justification for an act done under the authority of this section, see Wisdom v. Hodson, 3 Tyrw. 811.
By s. 46, nothing in this act shall prevent any person from proceeding, by way of civil action, to recover damages in respect of any trespass upon his land, whether committed in pursuit of game or otherwise, save and except that where any proceedings shall have been instituted under the provisions of this act, against any person for or in respect of any trespass, no action at law shall be maintainable for the same trespass by any person at whose instance or with whose concurrence or assent such proceedings shall have been instituted, but that such proceedings shall, in such case, be a bar to any such action, and may be given in evidence under the general issue.
By s. 47, for the protection of persons acting in the execution of this act, it is enacted, that all actions and prosecutions to be commenced against any person for any thing done in pursuance of this act, shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and the defendant may plead the general issue, and give this act and the special matter in evidence; and no plaintiff shall recover in such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant.
The foregoing act does not extend to Scotland or Ireland. As to Scotland, see 2 & 3 W. 4. c. 68. For offences relating to the game, which are the subject of indictment, or other penal enactment, see stat. 9 Geo. 4. c. 69, for the more effectual prevention of persons going armed by night for the destruction of game.
II. Of the Appointment and Authority of Gamekeepers un
der the New Act.
By stat. 1 & 2 W.4.c. 32, s. 13, any lord of a manor, lordship, or royalty, or reputed manor, &c. or any steward of the crown of any manor, lordship, or royalty appertaining to his Majesty, may, by writing under hand and seal, or in case of a body corporate, then under the seal of such body corporate, appoint one or more persons as gamekeepers, to preserve or kill the game within the limits of such manor, &c. or reputed manor, &c. for the use of such lord or steward thereof, and may authorize such gamekeeper within the same limits, to seize and take for the use of such lord or steward, all such dogs, nets, and other engines and instruments for the killing or taking of game as shall be used within the said limits by any person not authorised to kill game for want of a game certificate. By s. 14, any lord of a manor, &c. or reputed manor, &c. or any steward of the crown of any manor, &c. appertaining to his majesty, may appoint and depute any person, whether acting as a gamekeeper to any other person or not, or whether retained and paid for as the male servant of any other person or not, to be a gamekeeper for any such manor,
&c. or reputed manor, &c. or for such district of such manor, &c. as such lord or steward of the crown shall think fit, and may authorize such person, as gamekeeper, to kill game within the same for his own use, or for the use of any other person who may be specified in such deputation, and also may give to such person all such power and authorities as may, by virtue of this act, be given to any gamekeeper of a manor; and no person so appointed gamekeeper, and empowered to kill
game for his own use, or for the use of any other person so specified as aforesaid, and not killing any game for the use of the lord or steward of the crown of the manor, &c. or reputed manor, &c. for which such deputation shall be given, shall be deemed to be or shall be entered or paid for as the gamekeeper or male servant of the lord or steward making such deputation. By s. 6, it is provided, that no game certificate, on which a less duty than £3 138. 6d. is chargeable, under the act relating to game certificates, shall authorize any gamekeeper to kill or take any game, or to use any dog, gun, net, or other engine or instrument for the purpose of killing or taking game, except within the limits included in his appointment as gamekeeper.
S. 15, contains regulations as to the appointment of gamekeepers by land owners of a certain value in Wales.
By s. 16, no appointment or deputation of any person as a gamekeeper by virtue of this act shall be valid, unless and until it shall be registered with the clerk of the peace for the county, riding, division, liberty, franchise, city, or town, wherein the manor, lordship, or royalty, or reputed manor, &c.