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these, may demand the game from the trespasser, and on his not immediately delivering it up, may seize it for the use of the person entitled to the game
there. 10. Assault by Trespasser. Any trespasser, in the meaning of the act, who assaults or obstructs any person acting according to this statute, is liable (over and above any other penalty in the act,) to forfeit a sum not exceeding L.5, on conviction (as above,) before two Justices of Peace; who, in default of payment, may commit him to jail, with or without hard labor, for any time not above three months. 2
11. Prosecutions under the Act.
Prosecutions under this act must be commenced within three months.
(A) Summons. On sworn charge against party, any Justice may summon him to appear before himself or any one or two Justices (as the case may require), and if he do not appear, the Justice or Justices (" upon proof of the due “ service of the summons, by delivering a copy thereof to “ the party, or by delivering such copy at the party's “ usual place of abode, to some inmate thereat, and ex“plaining the purport thereof to such inmate”) may try in absence, or grant warrant for apprehending the party. 4
(B) Apprehension of Accused. But the Justice, to whom the charge is brought, if he suspect, from sworn information, that the party is likely to ab
I Act 1 & 2 Will. IV. c. 68, § 5. 4 Ibid.
2 S 6.
scond, may grant warrant for apprehension without previous summons.'
(c) Defence of Accused. The accused must prove any defence or exception he alleges.
(D) Witnesses. Any Justice may summon witnesses, and on their nonattendance without just cause, or their refusal to depone upon oath, the Justice or Justices trying, or any other Justice or Justices, upon the conviction of such witnesses of that offence, may award against them a penalty of not above L.5.3
(E) Conviction. Summary convictions under this act are to be drawn up in a prescribed form ;4 See Appendix.
And transmitted to the next General or Quarter Sessions, to be kept among the records.5
The Justice or Justices convicting, may order penalties to be paid instantly, or at any time specified in the sentence."
And in default of payment of the amount and expenses, the offender shall be imprisoned in the jail or house of correction, with or without hard labor, for any time not beyond two months, unless payment be sooner made.?
Penalties go to the poor of the parish.8
12. Appeal. A party convicted may appeal to the next General
or Quarter Sessions, to be held not more than twelve days later, giving the complainant written notice of the appeal, and its grounds, within three days from the conviction, and seven free days at least before the Sessions; or within the above three days find, before a Justice, a security by bail-bond for his appearance, trial of appeal, obedience to the judgment, and payment of the expenses to be awarded. But upon security being found, the party is to be liberated by the Justice."
13. No Review.
No review by a higher court is competent on ground of want of form or otherwise. 2
14. Informal Commitment. And a warrant of commitment, otherwise defective, is to be deemed good, if bearing truly to be founded on a valid conviction. 3
15. When Civil Damages Barred. This Act does not bar civil action of damages, unless where the same party has instituted or sanctioned prosecution under this Statute. 4
16. Prosecutions of those Acting under the Statute. Prosecutions against persons acting under this Statute must be begun in six months, and written notice be given the defender, one month at least before commencement."
And the defender shall be freed, by tendering sufficient amends before the suit, or paying into court a sufficient sum after action brought."
VI. TRESPASSES BY OFFICERS OR SOLDIERS.
1. Nature of Trespass and Prosecution. Any military officer or soldier taking or killing game (pigeons or other fowls, poultry or fish) without leave of the owner of the grounds, may be summarily convicted by oath of one witness before a single Justice."
2. Penalties. The offending officer forfeits L.5; and for each offending soldier his commanding officer forfeits L.1.”
3. Consequences of Nonpayment. And if such penalties be not paid in two days after conviction and demand of payment, the officer liable forfeits his commission. 3
4. Disposal of Penalties. Those penalties go to the poor of the parish.4
And those provisions are continued in each successive matiny act.
The going armed by night in pursuit of game, is a highly punishable offence. See Crimes, ii. § 2.
Although the restrictions respecting Muirburn were made chiefly for the sake of preserving game, that has, for sake of distinctness, been made a separate title. See Muirburn. As to the killing and hunting of foxes, See Foxes.
1 Hutch. iv. 12, § 2, (ii. 546, 7.)
1. What Claims Illegal through Gambling. By express statute, no action is admissible on debts or bargains founded on Gaming by play or bet.'
Or even for money lent at the time, and for the known purpose of gambling.
And this rule applies to a bill granted for a game debt, the facts being referable to the winner's oath.5
2. Money Won at Play. By a Scottish Act,* found to be in force in 1775,5 it is
4 provided, that if by gaming within the space of twentyfour hours, or if by any wager or horse race, a sum above one hundred merks (L5, lls. 14 d.), the surplus must, within the next twenty-four hours, be made over to the poor of the parish where the winning occurs.
3. Justices Competent. Justices of Peace are empowered to judge in these cases, and if any Justice or other magistrate refuse to pro
, ceed against the offenders, he is liable in an action for double the surplus (above mentioned), half to the poor, and half to the informer. 7
4. Gamblers by Trade. The first cited law authorizes any two Justices of Peace to have brought before them any person whom they reasonably suppose to follow gambling as his main calling,
I Act 9 Anne, c. 14. § 1, Hutch. iii. 16, § 3, (ii. 357, 8, foot notes)
4 1621, c. 14. 5 Kirk Session of Dumfries v. Kirk Session of Kirkcudbright and Kel
6 Ibid. Act 1621, c. 14. 7 Act 1621, c. 14. Hutch. ut sup. S 2, (ii. 354, 5.)
ton, N. R.