Imatges de pàgina
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and it provides, that the penalty of £20 thereby imposed shall be sued for, recovered, and levied, either in the district in which the offence shall be committed, or in the district in which the offender shall reside, and be applied in the same manner and under the same rules, regulations, and provisions as penalties on persons doing acts without payment of the game duty, or neglecting to obtain game certificates, &c.

By sect. 23, if any person shall kill or take any game, or use any dog, gun, net, or other engine or instrument for the purpose of searching for, or killing or taking game, such person not being authorized so to do for want of a game certificate, he shall on conviction thereof before two justices of the peace forfeit and pay for every such offence such sum of money not exceeding £5, as to the said justices shall seem meet, together with the costs of the conviction. Provided always, that no person so convicted shall by reason thereof be exempted from any penalty or liability under any statute or statutes relating to game certificates; but that the penalty imposed by this act shall be deemed to be a cumulative penalty.

By sect. 24, if any person not having the right of killing the game upon any land, nor having permission from the person having such right, shall wilfully take out of the nest, or destroy in the nest, upon such land the eggs of any bird of game, or of any swan, wild duck, teal, or widgeon, or shall knowingly have in his house, shop, possession, or controul, any such eggs so taken, every such person shall on conviction thereof before two justices of the peace, forfeit and pay for every egg so taken or destroyed, or so found in his house, shop, possession, or controul, such sum of money not exceeding 5s. as to the said justices shall seem meet, together with the costs of the conviction.

By sections 25 and 26, if any person not having obtained a game certificate, (except such person be licensed to deal in game according to this act,) shall sell or offer for sale any game to any person whatsoever, or if any person authorized to sell game under this act by virtue of a game certificate shall sell or offer for sale any game to

any person whatsoever, except a person licensed to deal in game according to this act, every such offender shall on conviction of any such offence before two justices of the peace, forfeit and pay for every head of game so sold or offered for sale such sum of money not exceeding £2, as to the said justices shall seem meet, together with the costs of the conviction. Provided always, and be it further enacted, that it shall be lawful for any innkeeper or tavernkeeper without any such license for dealing in game as aforesaid, to sell game for consumption in his own house, such game having been procured from some person licensed to deal in game by virtue of this act, and not otherwise.

By sect. 27, if any person not being licensed to deal in game according to this act shall buy any game from any person whatsoever, except from a person licensed to deal in game according to this act, or bonâ fide from a person affixing to the outside of the front of his house, shop, or stall, or board, purporting to be the board of a person licensed to deal in game, every such offender shall on conviction thereof before two justices of the peace forfeit and pay for every head of game so bought such sum of money not exceeding £5, as to the said justices shall seem meet, together with the costs of the conviction.

By sect. 28, if any person being licensed to deal in game according to this act shall buy or obtain any game from any person not authorized to sell game for want of a game certificate, or for want of a license to deal in game, or if any person being licensed to deal in game according to this act shall sell or offer for sale any game at his house, shop, or stall, without such board as aforesaid being affixed to some part of the outside of the front of such house, shop, or stall, at the time of such selling or offering for sale, or shall affix, or cause to be affixed, such board to more than one house, shop, or stall, or shall sell any game at any place other than his house, shop, or stall where such board shall have been affixed; or if any person not being licensed to deal in game according to this act shall assume or pretend by affixing such board as aforesaid, or by exhibiting any certificate, or by any other device or pretence, to be a

person licensed to deal in game, every such offender, being convicted thereof before two justices of the peace, shall 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 sect. 30, if any person whatsoever shall commit any trespass by entering or being in the daytime upon any land in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, such person shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding £2, as to the justice shall seem meet, together with the costs of the conviction; and that 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 justice of the peace, forfeit and pay such sum of money, not exceeding £5, as to the said justice shall seem meet, together with the costs of the conviction: provided always, 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 hereinbefore-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 shall be deemed to be the legal occupier of the lands of the wastes or commons within such manor, lordship, or royalty, or reputed manor, lordship, or royalty.

By sect. 31, where any person shall be found on any

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land, or upon any of his majesty's forests, parks, chases, or warrens in the daytime in search or pursuit of game, or woodcocks, snipes, quails, landrails or conies, 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 hereinbefore-mentioned, or for the occupier of the land (whether there shall or shall not be any such right by reservation or otherwise), or for any gamekeeper or servant of either of them, or for any person authorized by either of them, or for the warden, ranger, verderer, forester, masterkeeper, underkeeper, or other officer of such forest, park, chase, or warren, to 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, it shall be lawful for the party so requiring as aforesaid, and also for any person acting by his order and in his aid, to apprehend such offender, and to convey him, or cause him to be conveyed as soon as conveniently may be, before a justice of the peace, and such offender (whether so apprehended or not), being convicted of any such offence before a justice of the peace, shall forfeit and pay such sum of money, not exceeding £5, as to the convicting justice shall seem meet, together with the costs of the conviction: provided always, that no person so apprehended shall, on any pretence whatsoever, be detained for a longer period than twelve hours from the time of his apprehension until he shall be brought before some justice of the peace, and that if he cannot, on account of the absence or distance of the residence of any such justice of the peace, or owing to any other reasonable cause, be brought before a justice of the peace within such twelve hours as aforesaid, 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 sect. 32, where any persons, to the number of five or more together, shall be found on any land in any of his majesty's forests, parks, chases, or warrens, in the daytime, in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, any of such persons being then and there armed with a gun, and such persons, or any of them, shall then and there by violence, intimidation, or menace, prevent or endeavour to prevent any person authorized as hereinbefore-mentioned from approaching such persons so found or any of them for the purpose of requiring them or any of them to quit the land whereon they shall be so found, or to tell their or his Christian name, surname, or place of abode respectively, as hereinbefore-mentioned, every person so offending by such violence, intimidation, or menace as aforesaid, and every person then and there aiding or abetting such offender, shall, upon being convicted thereof before two justices of the peace, forfeit and pay for every such offence, such penalty not exceeding £5, as to the convicting justices shall seem meet, together with the costs of the conviction, which said penalty shall be in addition to and independent of any other penalty to which any such person may be liable for any other offence against this act.

By sect. 33, if any person whatsover shall commit any trespass by entering or being in the daytime upon any of his majesty's forests, parks, chases, or warrens, in search or pursuit of game, without being first duly authorized so to do, such person shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding £2, as to the justice shall seem meet, together with the costs of the conviction.

By sect. 34 it is provided, that for the purposes of this act the daytime 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 sect. 35 it is provided, that the aforesaid provisions

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