Page images


8. Procedure in Cases of Fraud. In cases of any alleged fraud, not especially provided by the rules, any one Justice may summon the accused party, and any two Justices may, on his or her appearance, or default (service being duly proved), hear the matter according to the rules of the society.'

And on conviction, the Justices shall award double the amount of the money fraudulently obtained or withheld, to be paid to the treasurer for the purposes of the society, and also a sum not above 10s. as expenses.

And in default of payment at the time specified, the Justices shall levy, by distress and sale, the amount of the penalty and expenses, with the charges of the diligence. 3

And no distress being found, the Justices shall commit the offender to hard labor, in jail or house of correction, for any period not above three months.*

9. Dissolution of Society. A friendly society may not be dissolved while its purposes remain unfulfilled, unless the dissolution and a distinctly proposed scheme of division of the funds receive the consent (given under his or her hand) of every person entitled to relief from the society; and also the votes of five

r sixths in value of the existing members, each member having one vote, and an additional vote for every five years he has been a member, but no person having more than five votes.s

And without dissolution, no division of the funds may be in any way made contrary to the confirmed rules of the society.

The being concerned in either unsanctioned dissolution of the society, or unlawful division of the funds, is punishable as fraud."


1 Act 10 Geo. IV. c. 56, $ 25. 4 Ibid.

• § 26.

2 Ibid. 6 Ibid.

3 Ibid. 7 Ibid.

10. Returns to be made by Society. Every society must, within three months from the 31st December 1835, and within three months from the expiry of each term of five years thereafter, transmit to the Clerk of the Peace a return of the sickness and mortality experienced by the society within the preceding five years."

If a society shall neglect or refuse to make such a return in the time specified, the Clerk of the Peace is to give the society immediate notice, and if the return be not made within twenty-one days from the date of such notice, the society shall therefore lose the privileges of this statute, unless good reason why the return could not be made be shewn to the Justices at their next General or Quarter Sessions. 2

11. Finality of Justices' Judgments. In all matters under the act, the decision of the Justices is to be final. 3

[ocr errors]

12. Complying with the Statute. By the act 2 Will. IV. c. 37, previously formed societies may obtain the benefit of the act 10 Geo. IV. c. 56, by conforming thereto on or before Michaelmas day, in the year 1834, but not later. +



1. Qualification. The old qualification for killing Game, by either one's self or others, is the having in property (not mere superiority) a plough-gate of land within Scotland.”

1 Act 10 Geo. IV. c. 56, S 34.

3 29. * Act 2 Will. IV. c. 37, § 1. 5 Act. 1621, c. 31. Hutch, iv, 12, § 1, (ii. 534.)

2 S 36.


And this is still the law.' Hence a tenant may not kill game on his farm but by authority of his qualified landlord.

And hence any person who has not the qualification himself, may not kill game beyond the estate of a qualified proprietor who gives him authority.

[In addition to the above qualification, or sanction from a person having that, a certificate must also be paid for, to entitle any individual to kill game on his own or his friend's lands,—or a gamekeeper or other servant to do so, by virtue of a deputation, over his master's estate. But , the penalties for want of a game certificate are not recoverable except in the Court of Exchequer.jpy tie fae

2. Offences of Unqualified Persons.

[ocr errors]

(A) By Old Laws. The offence of shooting or pursuing game without the above qualification of landed property, is punishable with a penalty of L.100 Scots, to be divided between the Crown and the informer-without power of mitigation.”

— Justices

may try such cases. 3 And the prosecution may be brought at any time.4

Proof being by confession, or by oath of accused,s or by oath of witnesses.

[ocr errors]

(B) By New Law. By the more recent Scottish Game Act (13 Geo. III. c.

1 Earl of of Hopetoun v. Wight, 17th January 1810, shews it applies to shooting; and Kelly v. Smith, 27th June 1780, shews this is the sole qualification regarded in law. 2 1621, c. 31. Hutch, ut sup. (ii. 539.)

3 Hutch. ibid.

5 Reference to oath of accused, no other mode of proof being pointed out, was found competent in Procurator Fiscal of Edinburgh v. David Wilson, 27th June 1787.

4 Ibid.

64), higher penalties are imposed for the illegal posses

sion of game.

An unqualified person having in his possession at any season, without leave of a qualified individual, any hares, heath-fowl, muir-fowl, partridges, pheasants, quails, snipes, or termagan, forfeits L. for a first, and for any subsequent offence.?

An unqualified person may lawfully have in his possession game from the estate of a qualified proprietor, who has given him permission.



1. General Penalty. Whoever takes, kills, uses, or has in his possession game birds during close time, forfeits L.5 for each bird. 2

2. Exception. But pheasants taken in lawful time, and kept afterwards in a mew or breeding place, are excepted.

3. Particular Seasons for Game. The forbidden season 4 for muir-fowl or termagan, is from 10th December to 12th August.

For heath-fowl, from 10th December to 20th August. For partridges, from 1st February to 1st September. For pheasants, from 1st February to 1st October.


4. Prosecution for breach of Close Time. Prosecution under this act must be brought within six months, 5

The public prosecutor, or any informer, and hence the agent of any game association, may pursue.

[blocks in formation]

Two Justices form a quorum."

Proof may be by confession, or oath of the accused, or oath of one witness or more.?



5. Penalties for Breach of Close Time. The penalty is not mitigable, and goes one half to the informer, and the other to the poor, or repair of the roads of the parish, as the Justices please.

The penalty not being paid in ten days from final conviction, the Justices may, (1.) grant warrant for levying it by distress ; and all or part thereof being unrecovered, they may commit the offender to jail. 4

(2.) Or at once commit him to jail; the period of incarceration, in either case, being six weeks or three months, according as the offence is a first or a subsequent one.s




6. Appeal in Cases respecting Close Time. Appeal by either party“ lies to the next circuit Court of Justiciary, or, where there is none, to the High Court of Justiciary in Edinburgh.'

Appeal must be lodged with the Justice of Peace Clerk within ten days, and also a bond with a sufficient cautioner, (to be judged of by the Clerk) for payment of the sum awarded, and expenses.

A copy of appeal must also be served on the opposite party, personally, or at his dwelling, or on his agent in the cause, fifteen days before the next circuit, or sitting of the Court of Justiciary, which is sufficient summons."

7. Killing Hares, Deer, gc. in Snow. By the older laws, the killer of deer, hares, or rabbits,



1 13 Geo. III. c. 54, § 8.

2 Ibid.

3 g 10. $ 9.

$ 3. 6 See case of Gray v. Bonar, 23d January 1816, in Court of Justiciary. Fac. Col. 7 13 Geo, III. c. 54, § 11.

10 g 11.

8 Ibid.


$ 12.

« PreviousContinue »