c. 32. 1 & 2 Will. 4, gamekeepers to preserve or kill the game over and upon such his lands, and also over and upon the lands in Wales of any other person, who, being entitled to kill the game upon such last-mentioned lands, shall by licence in writing authorize him to appoint a gamekeeper or gamekeepers to preserve or kill the game thereupon, such last-mentioned lands not being within the bounds of any manor, lordship or royalty, or having been enfranchised or alienated therefrom;—and it shall be lawful for the person so appointing a gamekeeper or gamekeepers to authorize him or them to seize and take, for the use of the person so appointing, upon the lands of which he or they shall be appointed gamekeeper or gamekeepers, all such dogs, nets and other engines and instruments for the killing or taking of game as shall be used upon the said lands by any person not authorized to kill game for want of a game certificate." All appointments of gamekeepers to be registered with the clerk of the peace. Certificated sell game licensed Sect. 16 enacts,-"That no appointment or deputation of any person as a gamekeeper by virtue of this act shall be valid unless and until it shall be registered with the clerk of the peace for the county, riding, division, liberty, franchise, city or town, wherein the manor, lordship or royalty, or reputed manor, lordship or royalty, or the lands shall be situate, for or in respect of which such person shall have been appointed gamekeeper; and in case the appointment of any person as gamekeeper shall expire or be revoked, by dismissal or otherwise, all powers and authorities given to him by virtue of this act shall immediately cease and determine." Sect. 17 enacts,-"That every person who shall game to have obtained an annual game certificate shall have power to sell game to any person licensed to deal in game according to the provisions hereinafter menProviso as to tioned :-provided always, that no game certificate on dealers. game keepers. By 23 & 24 Vict. c. 90, s. 13 (proviso) no person can sell game to a licensed dealer, unless he has taken out a 31. licence under that act; and see Note 7, infra. c. 32. which a less duty than three pounds thirteen shillings 1 & 2 Will. 4, and sixpence is chargeable under the acts relating to game certificates, shall authorize any gamekeeper to sell any game, except on the account and with the written authority of the master whose gamekeeper he is ;-but that any such gamekeeper selling any game not on the account and with the written authority of such master may be proceeded against under this act, in the same manner to all intents and purposes as if he had no game certificate whatsoever.” The other powers of gamekeepers will be treated of Other powers under other chapters, viz. : Their authority to demand to see the licences of persons Their authority to apprehend persons poaching by of gamekeepers. gamekeepers. The enactments as to the protection of gamekeepers Protection to from assaults, &c., are referred to under Chap. XI., and Chap. XII., "Hunting and Killing Deer.” FORMS. tation of a KNOW ALL MEN BY THESE PRESENTS, that I, A. B., 4. Appointof &c., esquire, lord of the manor of D., in the county of mentordepuK., by these presents, Do nominate, authorize, empower and gamekeeper appoint T. M., of &c., gamekeeper, to be my gamekeeper of 1 & 2 Will. 4, c. 32, ss. 13, 14, 15). By s. 6 of 23 & 24 Vict. c. 90 (which has changed the "game 23 & 24 Vict. certificate" into a "licence to kill game"), it is enacted,-"that c. 90, s. 6. wherever, in the said last-mentioned act [1 & 2 Will. 4, c. 32], the duty of 31. 13s. 6d. on a game certificate is mentioned, the duty of 31. on a licence to kill game shall be read in lieu." 7 If the gamekeeper sold game on his own account, not hav ing a 37. licence, he would be liable to the penalty here referred to under 1 & 2 Will. 4, c. 32, s. 25, post, Chap. IX., not exceeding 21. for every head of game sold or offered for sale. c. 32. 9 8 1 & 2 Will. 4, and within my said manor of D., with all the royalties, rights, members and appurtenances thereto belonging, during my will and pleasure, with full power, licence, and authority [to kill any hare, pheasant, partridge, conies, or other game whatsoever, and wild fowl and ferrets, in and upon my said manor, for my sole use and immediate benefit; And also] to take and seize for my use all greyhounds, setters, lurchers, or other sporting dogs. And all ferrets, guns, bows, trammels, snow-bells, hayes, wires, harepipes, snares or other engines used for the purpose of taking or killing of [hares, pheasants, partridges, conies or other] game [whatsoever] which shall be used within the 1 precincts of my said manor, by any person or persons who by law shall be prohibited from keeping or using the same, or who shall not be duly qualified or authorized to use the same within "1 my said manor;" And further, that 1 hereby give and grant unto the said T. M., during my said will and pleasure, full power and authority to do all and every act or acts, thing or things whatsoever, which by the laws of this realm are requisite and necessary for the preservation of the game within my said manor, and for the discovery of offenders therein against the laws and statutes in that case made and provided." 11 13 Given under my hand and seal this day of · Or if the appointment be of part of a manor say,-"district and division of the parish [or tything, hamlet, or place'] of W., being part of my said manor, lordship, or royalty of D." If in Wales say-"manor, lordship, or royalty of W., in the county of D., in the principality of Wales." It is submitted that more than one manor can be included in a deputation. 9 If not authorized to kill game, omit the words within brackets. 10 Or "such." 11, 13. Or "such precincts of." 12 If the person making the appointment be under the degree of an esquire, this power should be omitted. All above that degree may appoint several persons to preserve as well as to kill game. (Moore's Pract. Forms, pp. 123, 124, from which this form is taken.) 14 If the deputy is to have a similar power over a river or fishery of which the lord is owner or occupier, the following clause may be added :-" And also to seize, detain and keep for my own use all nets, angles, leaps, piches and other engines which he shall find used, laid up, or in the custody or possession of any person or persons whomsoever using the same without my consent, within my said manor, lordship or royalty." 1 & 2 Will. 4, 5. Certificate I, A. B., clerk of the peace for the county of K. [or deputy clerk of the peace, as the case may be], do hereby de- c. 32. clare that E. F. hath this day registered a deputation, whereby of clerk of he is appointed a gamekeeper by for the manor [or the peace. lands, if in Wales], of which I do hereby certify in pursuance of the act of the 1st and 2nd years of King William the Fourth, intituled "An Act to amend the Laws in England relative to Game." Witness my hand, this day of 18-. A. B. CHAPTER III. THE LICENCE TO KILL GAME, DEER, &C. c. 90. Licence to kill game, substituted certificate." This act not to affect the 23 & 24 Vict. BEFORE the 23 & 24 Vict. c. 90, a 66 game certificate" was the government authority to take or kill game, but by that act an excise "licence to kill game" is for a "game substituted, and the system of surcharges on game certificates abolished; the term " game certificate" in the prior acts being in future to be construed to mean a "licence to kill game," under the 23 & 24 Vict. c. 90 (Id. s. 6). A licence is now required to kill deer also, but some of the provisions of that act do not relate to deer; nor are the enactments of the 1 & 2 Will. 4, c. 32, affected by those of the 23 & 24 Vict. c. 90, for 1 & 2 Will. 4, c. 32, s. 5, enacts,"That nothing in this act contained shall in anywise affect or alter (except as hereinafter mentioned) any act or acts now in force by which any persons using any dog, gun, net or other engine, for the purpose of taking or killing any game whatever, or any woodcock, snipe, quail or landrail, or any conies, are required to obtain and have annual game certificates, but that all persons who, before the commencement of this act, were required to obtain and have such certificate shall after the commencement of this act be required from time to time to obtain and have the like certificates;—and all the powers, provisions and penalties, contained in such act or acts, shall continue in as full force and effect as if this act had not been made; -and that all regulations existing laws game certifi respecting cates. |