thereof before the justices of gaol delivery of the county or place in which the offence shall be committed, shall be liable, at the discretion of the Court, to be transported for any term not exceeding fourteen nor less than seven years, or to be imprisoned and kept to hard labour for any term not exceeding three years.

By sec. 12, it is provided, that for the purposes of this act the night shall be considered and is declared to commence at the expiration of the first hour after sun-set, and to conclude at the beginuing of the last hour before sunrise.

By sec. 13, it is provided, that for the purposes of this act the word game shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards.

By 1 & 2 Will. IV. c. 32, many former statutes on the subject of game are repealed, and new provisions substituted.

By sec. 3, it is provided, that the word "game" shall for all the purposes of this act be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards.

By sec. 3, if any person whatsover shall kill or take any game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game, on a Sunday or Christmas-day, such person shall on conviction thereof before two justices of the peace forfeit and pay for every such offence such sum of money, not exceeding 57. as to the said justices shall seem meet, together with the costs of the conviction. And if any person whatsoever shall kill or take any partridge between the first day of February and the first day of September in any year; or any pheasant between the first day of February and the first day of October in any year; or any black game (except in the county of Somerset or Devon, or in the New Forest, in the county of Southampton,) between the 10th day of December in any year and the 20th day of August in the succeeding year, or in the county of Somerset or Devon, or in the New Forest aforesaid, between the 10th day of Decem

ber in any year and the first day of September in the succeeding year; or any grouse, commonly called red game, between the 10th day of December in any year and the 12th day of August in the succeeding year; or any bustard between the first day of March and the first day of September in any year, every such person shall, on conviction of any such offence before two justices of the peace, forfeit and pay for every head of game so killed or taken such sum of money, not exceeding 17., as to the said justices shall seem meet, together with the costs of the conviction. And if any person with intent to destroy or injure any game shall at any time put or cause to be put any poison or poisonous ingredient on any ground, whether open or enclosed, where game usually resort, or in any highway, every such person shall on conviction thereof before two justices of the peace forfeit and pay such sum of money not exceeding 10%. as to the said justices shall seem meet, together with the costs of the conviction.

By sec. 4, if any person licensed to deal in game by virtue of this act, as hereinafter mentioned, shall buy or sell, or knowingly have in his house, shop, stall, possession, or controul, any bird of game after the expiration of ten days (one inclusive and the other exclusive) from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid; or if any person not being licensed to deal in game by virtue of this act, as hereinafter mentioned, shall buy or sell any bird of game after the expiration of ten days (one inclusive and the other exclusive,) from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid, or shall knowingly have in his house, possession, or controul, any bird of game (except birds of game kept in a mew or breeding place) after the expiration of forty days (one inclusive and the other exclusive) from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid, every such person shall on conviction of any such offence before two justices of the peace forfeit and pay for every head of game so

bought or sold, or found in his house, shop, possession, or controul, such sum of money, not exceeding £1, as to the convicting justices shall seem meet, together with the costs of the conviction.

By sect. 5 it is provided, that this act shall not affect (except as is after mentioned,) the existing laws relative to game certificates, and that such laws so far as they relate to game keepers of manors, shall apply also to game keepers of lands appointed under this act.

By sect. 6, every person who shall have obtained an annual game certificate shall be authorized to kill and take game, subject always to an action, or to such other proceedings as are thereinafter mentioned, for any trespass by him committed in search or pursuit of game. Provided always that no game certificate, on which a less duty than £3 13s. 6d. is chargeable, under the acts relating to game certificates, shall authorize any game keeper 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 appoinment as game keeper, but that in any case where such game keeper shall kill or take any game, or use any dog, gun, net, or other engine, or instrument for the purpose of killing or taking game beyond such limits as aforesaid, he may be proceeded against under this act, otherwise, in the same manner, to all intents and purposes, as if he had no game certificate whatsoever.

By sect. 7, in all cases where any person shall occupy any land under any lease or agreement made previously to the passing of this act, (except in the cases hereinafter next excepted,) the lessor or landlord shall have the right of entering upon such land, or of authorizing any other person or persons who shall have obtained an annual game certificate to enter upon such land, for the purpose of killing or taking the game thereon, and no person occupying any land under any lease or agreement either for life, or for years, made previously to the passing of this act, shall have the right to kill, or take the game on such

land, except where the right of killing the game upon such land has been expressly granted or allowed to such person by such lease or agreement, or except where upon the original granting a renewal of such lease or agreement, a fine or fines thall have been taken, or except where in the case of a term for years, such lease or agreement shall have been made for a term exceeding 21 years.

By sect 8, nothing in the act contained, shall affect any right of entry to kill game, reserved in any deed, lease &c., or prejudice any rights of forest, chase, or warren, or the rights of any lords of manors, &c.

Sect. 9 contains a special saving of his majesty's rights of forest, park, chase, &c.

By sect. 10 it is provided, that nothing in the act shall be deemed to give any owner of cattle gates, or rights of common, any interest or privilege which he was not possessed of before, or to affect the rights of the lords of the manors, &c. in the wastes or commons.

By sect. 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 or persons, who shall have obtained an annual game certificate, to enter upon such land, for the purpose of pursuing and killing game thereon.

By sect. 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 whatsoever 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 other 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 justices of the peace, forfeit and pay for such pursuit, such sum of money, not exceeding £2, and for every head

of game so killed or taken, such sum of money, not exceeding £1, as to the convicting justices, shall seem meet, together with the costs of the conviction.

By sects. 13 and 14, lords of manors, or reputed manors, &c. may appoint game keepers, who may seize dogs, &c. of uncertificated persons.

By sect. 15, persons intitled to kill game upon any lands in Wales of the clear annual value of £500, not within a manor, whereof they shall be seised in fee, &c. may appoint game keepers over such lands.

By sect. 16, appointments of game keepers must be registered with the clerk of the peace.

By sect. 17, it is provided, that every person who shall have obtained an annual game certificate, shall have power to sell game to any person licensed to deal in game, according to the provisions thereinafter mentioned. Provided always, that no game certificate, on which a less duty than £3 13s. 6d. is chargeable under the acts relating to game certificates, shall authorize any game keeper to sell game except on the account and with the written authority of the master whose game keeper he is, but that any such game keeper 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 to all intents and purposes as if he had no game certificate whatsoever.

By sect. 18, the justices of the peace are to hold special sessions for the purpose of granting licenses to deal in game, and every person so licensed shall put up a board' &c. accordingly.

By sect. 19. every person, who has obtained a license to deal in game shall annually take out a certificate, with a duty of £2, and if any person obtaining a license under this act shall purchase or sell, or otherwise deal in game, as a licensed dealer under this act before he shall obtain a certificate in exchange for a receipt as herein directed, such person shall for every such offence forfeit and pay the penalty of £20.

By sect 20, the collector of taxes are to make out lists of persons who have obtained licenses to deal in game;