formed under or conforming to that Act, it must be specified whether all disputes between the society or any person acting under them and any individual member, shall be decided by justices of the peace, or referred to arbitration; (see 10 G. 4, c. 56, s. 27), and the remedy must be accordingly; except in case of frauds, with respect to which the statute contains the following enactment.

"If any officer, member, or any other person being or representing himself or herself to be a member of such society, or the nominee, executor, administrator or assignee of any member of such society, or any other person whatever, shall in or by any false representation or imposition, fraudulently obtain possession of the monies of such society, or any part thereof, or, having in his or her possession any sum of money belonging to such society, shall fraudulently withhold the same, and for which offence no especial provision is made in the rules of such society:" any one justice of the peace, residing within the county in which such society shall be held, upon complaint thereof on oath by an officer of the society appointed for that purpose, may summon the party; and upon his appearance, or in default thereof, upon due proof on oath of the service of such summons, two justices residing within the county aforesaid may hear and determine the complaint; and upon due proof of such fraud, the justices shall convict the party, and award double the amount of the money so fraudulently obtained or withheld to be paid to the treasurer, to be by him applied to the purposes of the society, and costs not exceeding ten shillings; and if such sum and costs be not paid within the time specified in the order, the justices by their warrant may cause the same to be levied by distress, and in default of distress, the justices may commit the party to the common gaol or house of correction, there to be kept to hard labour for not more than three calendar months. 10 G. 4, c. 56, s. 25. Or the society may proceed against the party by indictment or complaint. Id.

If the rules of the society specify that disputes shall be referred to arbitrators, such arbitrators shall be appointed generally at the first meeting of the society after the enrolment of its rules, and three or more afterwards chosen by ballot upon the occasion of any reference; and their award shall be final and conclusive; and if either of the parties refuse or neglect to comply with or conform to the decision of the said arbitrators or the major part of them, any one justice of the peace, residing within the county within which such society shall be held, upon complaint of the party aggrieved, and upon proof of the award and of the refusal to comply with it, may summon the party; and upon his appearance, or in default thereof, upon due proof on oath of the service of such summons, any two justices of the peace may proceed to

make such order thereupon as to them shall seem just; and if the sum awarded, and costs (not exceeding 10s.) shall not be immediately paid, the justices by their warrant shall cause the same to be levied by distress and sale of the goods of the party or society, or in default of such distress of the goods of the society, then by distress and sale of the goods of the officer so neglecting or refusing as aforesaid. 10 G. 4, c. 56, s. 27.

Or if it shall appear to any justice of the peace, on complaint on oath of a member of such society or of any person claiming on his account, that application has been made to such society, or to the steward or other officer thereof, for the purpose of having any dispute so settled by arbitration, and that such application has not within 40 days been complied with, or that the arbitrators have neglected or refused to make any award, such justice may summon the trustee, treasurer, steward, or other officer of the society, or any one of them, and any two justices may hear and determine the matter in dispute, in the same manner as if the rules of the society had directed that any matter of dispute as aforesaid should be decided by justices of the peace. 4 & 5 W. 4, c. 40, s. 7.

If it be directed by the rules of the society, that disputes shall be decided by justices of the peace, any such justice, on complaint being made to him of any refusal or neglect to comply with the rules of such society by any member or officer thereof, may summon the party complained of to appear; and upon his appearance, or in default thereof, upon due proof on oath of the service of such summons, any two justices may proceed to hear and determine the said complaint, according to the rules of the said society; and in case the justices shall adjudge any sum of money to be paid by the party, and he do not pay it within the time specified by such justices, they shall proceed to enforce their award in manner herein before directed, [by sect. 27, supra] to be used in case of any neglect to comply with the decision of the arbitrators appointed under the authority of this Act. 10 G. 4, c. 56, s. 28. The order and adjudication in this case, shall be final. Id. s. 29.

And lastly, by stat. 4 & 5 W. 4, c. 40, s. 8, if any member of a friendly society, established under stat. 10 G. 4, c. 56, or this Act, shall have been expelled from such society, and the arbitrators or justices shall award or order that he shall be reinstated, such arbitrators or justices may award or order, in default of such reinstatement, to the member so expelled, such a sum of money as to them shall seem meet or reasonable; which sum of money, if not paid, shall be recoverable from the said society, or the treasurer, trustee, or other officer, in the same way as any money awarded by arbitrators is recoverable under stat. 10 G. 4. c. 56. Vide supra.

Loan societies.] Any number of persons may form themselves into a society for establishing a loan fund for the industrious classes, and receiving back payment by instalments, with legal interest. 5 & 6 W. 4, c. 23, s. 1. Their rules must be "certified, deposited, and enrolled," in the same manner as the rules of a benefit society. Id. s. 2. See ante, p. 379. No loan shall exceed 157.; and no second loan shall be made, until the previous one shall have been repaid. Id. s. 6.

All notes and securities for the repayment of such loans, shall be made payable to the treasurer or clerk for the time being of the institution; "and if the party or parties liable to pay the same, shall fail to make full payment in money of the sum in the note or security mentioned, or any part thereof, for seven days after demand made on such party, or left at his usual place of abode, by or on behalf of the treasurer or clerk for the time being of the said institution," any one or more justices of the peace for the county, riding, city, &c., where the party shall happen to be or reside, upon complaint made by such treasurer or clerk, shall summon such party or parties; and after his or their appearance, or in default thereof, upon due proof on oath of such summons having been given or left as aforesaid, such justice or justices shall proceed to hear and determine the complaint, and award such sum to be paid by the person or persons liable to the payment of any such note or security to such treasurer or clerk as aforesaid, as shall appear to be due thereon, together with costs not exceeding 10s.; and if such party shall refuse or neglect to pay or satisfy the sum so adjudged, upon the same being demanded, such justice or justices by their warrant shall cause the same to be levied by distress and sale of the party's goods. Id. s. 8. And these proceedings shall not be removed by certiorari or otherwise. Id.

FRUIT AND FRUIT TREES.

See "Larceny," " Malicious Injuries.”

GAME.

1. Game, what, and who entitled to it.

Game, what, p. 385.

Landlord when entitled to it, p. 385.

And he may authorize others to kill it, p. 386.

Persons entitled by contract, lords of manors, &c., p. 386.

Owners of cattle-gates or rights of common, not, p. 386.

Provision as to Her Majesty's forests, &c., p. 387. 2. Gamekeepers &c., p. 387.

Who may appoint gamekeepers, p. 387.
Who may appoint them in Wales, p. 388.
Who may grant deputations, p. 388.
Appointments, &c., to be registered, p. 389.

3. Certificate to kill game, p. 389,

Duty for gamekeepers, &c., p. 389.
Duty for others, p. 390.

Exceptions, p. 390.

Exemptions, p. 390.

Certificate, when and from whom obtained, p. 390.
Certificates for gamekeepers, p. 391.

Not shewing certificate when demanded, p. 392.
Sporting without a certificate, p. 394.

Proceedings for penalties, p. 395.

Appeal, p. 396.

Witnesses, p. 397.

Cumulative penalty, for sporting without a certificate, p. 397.

4. Unlawfully taking or killing game, p. 397.

Who may take or kill game, p. 397.

Taking, &c., by occupiers of land, when not authorized, p. 398.

Taking, &c., by officers of the army, p. 398.

Killing game on Sunday or Christmas Day, p .399.
Killing game out of season, p. 399.

Laying poison to kill game, p. 400.

Taking or destroying the eggs of game, p.401. Trespassing in the day time, in search of game, p. 402.

Trespass by five or more persons, p. 403.

Trespass in Her Majesty's forests, p. 403.

Trespassers not quitting the land and giving their address, p. 404.

Trespassers, armed, using violence, p. 404.

Game may be taken from trespassers. p. 405.

Who not trespassers, within the act, p. 405.

Killing hares or conies in warrens, &c., p. 406.

5. Night poaching, p. 408.

Taking, &c., game in the night, p. 408.

Second offence, p. 409.

Third offence, p. 410.

Three or more, armed, taking, &c. game in the

night, p. 410.

Who may apprehend offenders, p. 411.

Offenders using violence to those who apprehend

them, p. 411.

Prosecution, &c., p. 412.

6. Dealing in game, p. 413.

Licence to deal in game, p. 413.

Party licensed, to take out certificate, p. 414.
Who may sell game, p. 414.

Buying game from other than licensed dealers,
p. 416.

Offences by licensed dealers, &c., p. 416.

In what case licence to become void, p. 417.

7. Proceedings for penalties under stat. 1 & 2 W. 4, c. 32, p. 418.

Limitation, p. 418.

Summons, &c., p. 418.

Witnesses, p. 418.

Evidence, p. 418.

Conviction, p. 419.

In default of payment, commitment, p. 419.

Application of penalties, p. 420.

Appeal, &c., p. 420.

Actions against justices, &c. p. 421.

1. Game, what and who entitled to it.

Game, what.] 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. 1 & 2 W. 4, c. 32, s. 2. See under the head "Certificate," in this title, post, p. 389.

Landlord when entitled to the game.] "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 herein-after 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 agrcement, or except where upon the original granting or renewal of such lease or agreement a fine or fines shall have been taken, or except where in the case of a term for years