this act to have or keep any such hound, beagle, greyhound, or spaniel, shall shelter, conceal, or cover any such hound, beagle, greyhound, or spaniel, for any person or persons not qualified to have or keep the same as aforesaid, on pain that such freeholder or other person offending contrary hereunto shall, for every such offence, forfeit and lose the sum of forty pounds, to be recovered by action.

Section 5. [No person to shoot deer except on his own ground.] That from and after the twentieth day of November, one thousand six hundred and ninety-eight, no person shall shoot any deer (p) at any season of the year, except on his own ground only, or on the ground of such person or persons to whom the person shooting such deer, being a Protestant, shall be a menial family servant at the time of shooting the same, and that by warrant only under the hand of such his master, and not otherwise, on pain that being thereof convict before one or more J. P. of the county where such offence shall be committed, shall, for every such offence forfeit the sum of £5 (q), the same to be levied on the goods and chattels of the offender, by warrant under the hand and seal of such justice or justices.

Sec. 6. [Season for killing deer.] No person shall in any year hunt, course, or kill any male deer before the 10th of June in such year, unless it be in the park or proper ground of the person hunting, coursing, or killing the same; nor shall course, hunt, or kill any male fallow deer after Michaelmas in any year, unless in the proper ground of the person, hunting, coursing, or killing the same, under penalty of £5; such offence to be heard, examined, and determined by and before such justices of the peace (7) as aforesaid.

Sec. 7. [Burning mountain.] No person shall burn, (s) on any mountain, hill, moor, bog, heath, or waste ground, any grig, ling, furs, heath, goss, or fern, at any other season of the year, save only between the 14th June and the 2nd Feb. in every year under penalty of £5; such offence to be likewise heard, examined, and determined by and before such justices of the peace as aforesaid (t).

(p) See now, ante, p. 426-428; see also 7 Geo. II. c. 8. Deer in an enclosure are as distrainable as common cattle; Davies v. Powell, Willes' Rep. 46.

(7) See 14 & 15 Vic. c. 90, s. 13, for the application of penalties in every case imposed at petty sessions.

(r) As one or more justices are mentioned in the preceding section, it is apprehended that one may act under this section; this is made to

appear by reference to the wording of the 11th section, post.

(8) Nothing in this section shall subject the owner or occupier of any such mountain, &c. to any penalty for burning land broken up for agriculture or planting; see 27 Geo. III. c. 35, s. 3, post; see also post, tit. Gorse.

(t) See 27 Geo. III. c. 35, s. 4,

post.

Sec. 8. [None to trace game in the snow, or destroy eggs.] No person shall trace any hares, or other game whatsoever, in the snow, nor shall destroy the eggs or nest of any partridge, pheasant, grouse, quail, duck, or other wild fowl (u); nor shall any person not having such freehold estate of £40 per annum, or personal estate to the value of £1,000 as aforesaid, shoot at, kill, take, or destroy any hare or hares, partridge, pheasant, grouse, or quail; or any person whatsoever shoot at, take (v), kill, or destroy any house-dove or pigeon, other than such as shall be in or belonging to the dove-house or pigeon-house of the person or persons so shooting at, killing, or destroying the same, under penalty, before one or more J. P. of the county where the same shall be committed or the offender apprehended, of 10s.

Sec. 9. [Tenants may keep dogs for their landlord.] Nothing herein contained shall be construed to extend to restrain or hinder any tenant to any person not restrained by this act, from having and keeping any hound, beagle, spaniel or greyhound, but in the company and attendance of his landlord only.

Sec. 10. [Qualification to keep setting dog.] No person not having an estate of freehold of the yearly value of £100, or upwards, or a personal estate of £1000, shall have or keep (w) any setting dog or bitch, other than such person or persons as shall be allowed and licensed thereunto by the J. P. of the county where he shall live, at the general Q. S., in order to the making and training up setting dogs or bitches, and that under such regulations only, and not otherwise, as shall be allowed and specified in such licence.

Sec. 11. [Servants not to sell or dispose of the game.] No person keeping or using a gun to fowl with, as servant to any person, shall sell or dispose of any fowl or game he or they shall kill () to any person whatsoever, but shall bring same to his master's house, under penalty of 20s. before one J. P.

Sec. 12. Non-commissioned officer or private soldier not to go out of quarters with firearms, unless by command, &c. under a penalty of 5s. and officer-in-chief to deliver up offender upon demand.

13. No commissioned officer (y) of any regiment within this kingdom, or any person employed by him, shall shoot or course.

(u) See 24 & 25 Vic. c. 96, s. 23, ante, p. 430.

(v) See 14 & 15 Vic. c. 90, s. 13, for the application of penalties in any case imposed at petty sessions.

(w) There is no positive penalty attached to the keeping of a setter or pointer by an unqualified person

by this section; see post, 27 Geo. III. c. 35, s. 8.

() This person must now have a certificate to enable him to kill game. 5 & 6 Vic. c. 81.

(y) By the Annual Mutiny Act it is provided for the better preservation of fish and game in Great Britain

with greyhounds any deer, hare, or other game, except on his own ground, or by the permission of the owner of the ground, on pain of forfeiture of the sum of £5 for every such offence. (z)

Secs. 15 & 16. [Lords of manors may authorize gamekeepers to seize guns and dogs of those prohibited.] All lords of manors or other royalties not under the degree of an esquire (a) may from henceforth, by writing under their hands and seals, authorize one or more gamekeeper or gamekeepers within their respective manors or royalties, who being thereunto so authorized, may take and seize (b) all such guns (c), hounds, greyhounds, beagles, land-spaniels, or setting-dogs, as within the precincts of such respective manors or royalties shall be used by such person or persons who by this act are prohibited to keep or use the same (d). And to the end all keepers of parks (e) and gamekeepers, duly authorized, may be indemnified in the execution of their office, be it enacted, that all lords of manors or other royalties, not under the degree of an esquire, or any person or persons so authorised by them as aforesaid, shall and may within

and Ireland, that every officer who shall, without leave in writing from the persons entitled to grant such leave, take, kill, or destroy any game or fish, shall forfeit for every such offence £5, and may be convicted before any justice. Snipe, woodcock, and wild-fowl are not game under this statute. Under 27 Geo. II. c. 31, ss. 23, 25, officers of her Majesty's revenue may enter lands to watch and view ships, &c., provided such lands are not part of demesne, &c.; but if any such officer take with him any dog, or destroy game, he may be convicted before any J.P., and forfeit £5.

(z) The entire of the next section, 14, is repealed by the 2nd section of the 27th Geo. III. c. 35, post.

(a) See Levinge's Game Laws, p. 23; a corporation may appoint a game-keeper; Spurrier v. Vale, 1 Camp. 457; 10 East, 413.

(b) The lord of the manor, having power to authorize his gamekeeper to seize all such dogs as may be used within the manor, by any person not qualified to use the same, has also authority, it would seem, to make such seizure himself, on the principle of omne majus continet in se minus. But neither himself nor his game

keeper has any right to seize the dogs of a person who is qualified, and still less to destroy them, notwithstanding the liability of their owner for the trespass; Vere v. Lord Cawdor, 11 East, 568. With respect, however, to the seizure of dogs used by persons not qualified, it seems that he has the right to seize and destroy such dogs; Roy v. Duke of Beaufort, 2 Atk. 190; Kingsworth v. Bretton, 5 Taunt. 416. If one man enter another's private grounds and kills game there, he is not only guilty of trespass in entering the land, but the game may be taken from him, as the property of the person in whose land it was killed; Sutton v. Moody, 1 Lord Ray. 351; Salk. 290; see Blades v. Higgs, 36 L. T. 551; 6 Val. N. S., where the taking of rabbits from a person by keepers was justified, and the plea held good on demurrer.

(c) Guns are only prohibited in section 4 of this act, which has been repealed by the 10 Geo. IV. c. 7.

(d) The remaining portion of the above section is repealed by the 27 Geo. III. c. 35, s. 2, post.

(e) As to parks, see Levinge's Game Laws, p. 110.

their respective manors or royalties oppose and resist such offenders in killing or destroying the game contrary to this act in the night time (f), in the same manner, and be equally indemnified for so doing, as if such fact had been committed within any ancient chace, park, or warren whatsoever.

Sec. 17. After conviction offender may be detained two days, till return to the warrant for distress. S. 18 is repealed by 5 & 6 Vic. c. 97.

Sec. 19. Tradesmen and apprentices hunting, &c. (unless with the master qualified), liable to penalties of those on whom game found, and to trespass, and plaintiff shall have full costs and damages.

Sec. 20. [Dogs may be kept and used in a manor, with consent of the lord under hand and seal.] Nothing herein contained shall restrain any person within any manor from keeping hounds, beagles, greyhounds, spaniels, or setting-dogs within the same, to hunt, course, set with, or otherwise use in such manor, only so as the same be allowed of and kept with the consent and free permission of the lord of the manor for the time being, in which the same shall be so kept, appearing by license under the hand and seal of such lord of the manor (g).

27 GEO. III. c. 35.

Sec. 2 repeals portions of 10 W. III., c. 8; ss. 8, 14, 15 omitted.

Sec. 3. [An act for the preservation of game. Act not to extend to such as is broken up for agriculture or planting.] Nothing in 10 W. III., c. 8, s. 7, ante, p. 574, shall subject the owner or occupier of any mountain, hill, moor, bog, heath, or waste-ground, to penalty for burning grig, ling, furs, heath, goss, or fern, at any time of the year on such part of said mountain, hill, moor, bog, heath, or waste ground, as shall be broken up for the purpose of agriculture or planting.

Sec. 4. [Season for killing game.] Every person who shall wilfully take, kill, or destroy, or who shall sell (h) any (i) pheasant or wild turkey, between the 10th January and 1st Sept. in any

(f) See 9 Geo. IV. c. 69, post. (g) The meaning of this proviso is, that none of the qualifications of property in this act required shall restrain the right which is recognized by this proviso, viz., the right of keeping dogs to hunt within the manor, under a license from the lord thereof.

(h) As regards selling game, the 23 & 24 Vic. c. 90, s. 13, post, having introduced and legalized the sale

of game in Ireland by giving to dealers in game the power to sell them within the limit of time fixed by the 1 & 2 Will. IV. c. 32, post, so much of the above section as relates to the sale of game must be taken to be repealed, as well as the 58 Geo. III. c. 75, which altogether prohibited the sale of game.

(i) The close season for grouse, partridge, &c. is regulated by 37 Geo. III. c.21, post, 582.

year, shall forfeit not exceeding £5 (ii) for every such pheasant or wild turkey; and that every person who shall buy, or cause to be bought, sell, or expose to sale, any hare at any time between the 1st Monday in every Nov. and the 1st Monday in every July following, shall forfeit not exceeding £5 for every such hare; and that every person who shall make use of any gun, snare, net or other engine (), to take, kill, or destroy any moorgame, heath-game, or grouse, pheasant, partridge, quail, landrail, or wild turkey, or other wild fowl, or any hare, or rabbit on a Sunday, shall forfeit for every such offence a sum not exceeding £5; and that every person who shall wilfully take, kill, or destroy any hare, pheasant, partridge, quail, landrail, moor game, heath-game, or grouse in the night, (k) between one hour after sun-setting and one hour before sun-rising, unless qualified to take or kill game, and upon his or her own lands, or duly authorized so to do, shall forfeit not exceeding £5 for every head killed or destroyed; and every person who shall trace any hare or other game whatsoever in the snow, unless qualified to take or kill game, and upon his or her own lands, shall for every such offence forfeit not exceeding £5; and that every person who shall wilfully destroy the eggs or nest of any pheasant, partridge, quail, landrail, moor-game, heath-game, wild duck, widgeon, plover, or snipe, shall forfeit not exceeding £5 (1).

Sec. 5. [Persons unless qualified who use any gun, &c., to take game in the night.] Every person who shall use any dog, gun, snare, net, or other engine, to take, kill, or destroy any hare, rabbit, pheasant, partridge, quail, landrail, moor-game, heath-game, or grouse, snipe or woodcock in the night, (m) unless qualified to take or kill game, and upon his or her own land, or duly authorized so to do, shall, upon conviction at the sessions, forfeit a sum of £10.

Sec. 6. [Higlers, &c., having in possession any game, except property of persons qualified.] If any higler, chapman, carrier, vietualler, or alehouse keeper, shall have in his, her, or their custody or possession any hare, pheasant, partridge, moor-game, heathgame, grouse, landrail, or quail, or shall buy, sell, or offer to sell

(i) This is Irish currency, as well

as all sums mentioned in this statute.

(j) As dogs are not mentioned in this clause, there is no penalty for using a dog upon Sunday under this section; Christmas day is not mentioned, and therefore this offence is not committed on that day.

(k) See 9 Geo. IV. c. 69, post, and 7 & 8 Vic. c. 29, post; for the offence of night poaching as to hares

and rabbits in inclosed grounds, see ante, p. 428.

(1) Section 19, post, provides how offences shall be determined.

(m) This section is quite obsolete; see 9 Geo. IV. c. 69, post, and 7 & 8 Vic. c. 29, post. It is more extensive in one respect than the above, as it embraces snipe or woodcock, but it only applies to those who have not a sufficient property qualification.