c. 32. of December in any year and the twentieth day of 1 & 2 Will. 4, August in the succeeding year, or in the county of Somerset or Devon, or in the New Forest aforesaid, between the tenth day of December in any year and the first day of September in the succeeding year, or any grouse, commonly called red game, between the tenth day of December in any year and the twelfth day of August in the succeeding year,— or any bustard between the first day of March and the first day of September in any year,-every such person shall, on conviction of any such offence before two justices of the peace, forfeit and pay, for every head of game so killed or taken, such sum of money, not exceeding one pound, as to the said justices shall seem meet, together with the costs of the conviction." [The remaining portion of this section, as to laying poison to kill game, is set out in Chapter VII., post.] 4 As to the times for dealing in game, see post, Chapter VIII., as to licensed dealers, and Chapter IX., as to other persons. Destroying eggs of birds of game, or of a swan, wild duck, teal or widgeon, or taking them out of a nest, Chapter VII. FORMS.5 killing, &c. For that you [or he the said A. B.] on the day of 1. Statement at the parish of in the said county, the same day of offence of being Sunday [or Christmas-day], unlawfully did kill [or take certain game, to wit, [in the case of a hare adding, to meet the provisions of 11 & 12 Vict. c. 29, Vide Chap. X., post, mode of recovery of penalty, and Form No. 2, 3, infra. 5 These Forms of Statements of Offences are for insertion in the General Forms of Information, Summons, &c., given in Chapter X., post. game on a Sunday, &c. (8. 3.) c. 32. 1 & 2 Will. 4, otherwise than by coursing with a greyhound or by hunting with beagles or other hounds,] contrary to the statute 1 & 2 Will. 4, c. 32, s. 3. 2. The like, using a dog, engine, &c. on Sunday, &c. 3. The like, out of season. For that you [or he the said A. B.] on &c., at &c., the same day being Sunday [or Christmas-day], unlawfully did use a certain dog, to wit, a for the purpose of then and there taking [or a certain gun, or net, or engine, to wit, a snare, for certain game, to wit, a For that you [or he the said A. B.] on &c., at &c., the birds of game same day being between the 1st of February last and the 1st day of September last or instant, being in the same year [or as the prohibited season may be in respect of the particular bird, unlawfully did kill for take] two partridges, [or one pheasant], [or two heads of black game, not being in the county of Somerset or Devon, or in the New Forest, in the county of Southampton], [or three heads of grouse, commonly called red game], [or two bustards], there, contrary, &c. CHAPTER II. GAMEKEEPERS; THEIR POWERS, DUTIES, AND FOR the provisions as to the licences to gamekeepers, see 23 & 24 Vict. c. 90, ss. 2, 7, 8, 9, 18, post, pp. 26, 32-35. c. 32. nors may ap point game keepers. By 1 & 2 Will. 4, c. 32, s. 13, it is enacted," That 1 & 2 Will. 4, it shall be lawful for any lord of a manor, lordship or royalty,1 or reputed manor, lordship or royalty,—or any steward of the crown of any manor, lordship or royalty appertaining to his majesty,-by writing under hand and seal, or in case of a body corporate, then under the seal of such body corporate,-to appoint one or more person or persons as a gamekeeper or gamekeepers to preserve or kill the game within the limits of such manor, lordship or royalty, or reputed manor, lordship or royalty, for the use of such lord or steward thereof, and to authorize such gamekeeper or game 1 The words "lord of a manor, &c." include a lady of the same (s. 2). The term "royalty" does not include a wapentake or hundred, and therefore a lord thereof cannot as such appoint a gamekeeper (Earl of Aylesbury v. Pattison, 1 Doug. 28). The appointment of gamekeepers in her Majesty's woods, &c., is regulated by 10 Geo. 4, c. 50, s. 14, who are not liable to the 10 Geo. 4, duty on licences to kill game (23 & 24 Vict. c. 90, s. 5, exemption c. 50, s. 14. 2). 2 The lord of a manor cannot delegate the power here conferred upon him, and he cannot convey the right of appointment without also conveying the manor itself (Calcraft v. Gibbs, 4 T. R. 681; 5 T. R. 19; Blunt v. Grimes, 4 T. R. 682, n.; 8 East, 179). In the absence of evidence to the contrary, it be presumed that the game which the gamekeeper killed is for the use of the lord (Spurrier v. Vale, 10 East, 413; 1 Campb.457). c. 32. Powers of in manors. 1 & 2 Will. 4, keepers within the said limits to seize and take3 for the use of such lord or steward, all such dogs, nets, gamekeepers and other engines and instruments for the killing or taking of game as shall be used within the said limits by any person not authorized to kill game for want of a game certificate.” Lords of ma nors may tations. Sect. 14 enacts,-"That it shall be lawful for any grant depu- lord of a manor, lordship or royalty, or reputed manor, lordship or royalty,-or any steward of the crown of any manor, lordship or royalty appertaining to his majesty,―to appoint and depute any person whatever, whether acting as a gamekeeper to any other person or not, or whether retained and paid for as the male servant of any other person or not, to be a gamekeeper for any such manor, lordship or royalty, or reputed manor, lordship or royalty, or for such division or district of such manor, lordship or royalty, as such lord or steward of the crown shall think fit,— and to authorize such person, as gamekeeper, to kill game within the same for his own use or for the use 3 The seizure is a ministerial act, which may be performed by a third person under the immediate direction of the lord, but not under a general direction (Bird v. Dale, 7 Taunt. 560; 1 Moore, 290). The dog, gun or other engine must have been used at the time for the purpose of destroying game (Woolrych, G. L. 117, 173); but, unless in a free warren, the dog of a mere trespasser cannot be shot, except its destruction is absolutely necessary for the preservation of the game pursued (Id. 116, and see Vere v. Lord Cawdor, 11 East, 568; Reg. v. Duke of Beaufort, 2 Atk. 190). The lord cannot seize the gun of a gamekeeper of another lord, although he be upon his manor unlawfully (Rogers v. Carter, 2 Wils. 387). The dog or engine seized may, it appears, be destroyed, as it becomes the property of the lord (Kingsworth v. Bretton, 5 Taunt. 516). A gamekeeper, acting under a deputation granted by a person having a colourable title as lord of the manor, is protected (Hunt v. Andrews, 3 B. & Ald. 341; Woolrych, G. L. 179). It was doubtful whether a gamekeeper had the power to seize hounds (see Grant v. Hulton, 1 B. & Ald. 134); but under the present act all dogs are comprehended. 1 & 2 Will. 4, c. 32, s. 36, post, Chap. V., gives a gamekeeper the right to seize game only, in the possession of persons found upon land by day or by night. c. 32. Person de puted not to servant of lord. of any other person or persons who may be specified 1 & 2 Will. 4, in such appointment or deputation,-and also to give to such person all such powers and authorities as may by virtue of this act be given to any gamekeeper of a manor;—and no person so appointed gamekeeper, and empowered to kill game for his own use or for the use be deemed of any other person so specified as aforesaid, and not killing any game for the use of the lord or steward of the crown of the manor, lordship or royalty, or reputed manor, lordship or royalty, for which such deputation or appointment shall be given, shall be deemed to be or shall be entered or paid for as the gamekeeper or male servant of the lord or steward making such appointment or deputation, anything in any act or acts contained to the contrary notwithstanding." respecting of game keepers in Wales. Sect. 15 enacts,-"That it shall be lawful for every Regulations person who shall be entitled to kill the game upon appointment any lands in Wales of the clear annual value of five hundred pounds, whereof he shall be seised in fee or as of freehold, or to which he shall otherwise be beneficially entitled in his own right, if such lands shall not be within the bounds of any manor, lordship or royalty, or if, being within the same, they shall have been enfranchised or alienated therefrom, to appoint, by writing under his hand and seal, a gamekeeper or Cost of Gamekeeper's Licence, &c.]-The price of a gamekeeper's licence to kill game is 21. duty, whether he is the servant of the owner of the game or of another person, by 23 & 24 Vict. c. 90, s. 2; and 17. 1s. for the tax as a servant above eighteen years of age, by 16 & 17 Vict. c. 90, Schedule C. The duty on 16 & 17 Vict. a servant in the capacity of underkeeper is 10s. 6d. If the game- c. 90. keeper is to sell game, he must have a 31. licence (23 & 24 Vict. c. 90, s. 13; 1 & 2 Will. 4, c. 32, s. 6). A separate licence is required for each manor where there are distinct deputations (see p. 34, n. 12). There will also be the tax for keeping a dog of 12s. each, by 16 & 17 Vict. c. 90, Schedule G.; but no person is chargeable with more than 391. 12s. for any number of hounds, or 91. for any number of greyhounds, kept by him in any year. See Chap. III., post, as to the grant of licence. |