CHAPTER VIII.

THE LICENCES TO DEAL IN GAME, AND LIABILITIES OF

DEALERS.

Two licences We have before said (p. 6) that there are two li

necessary.

What game.

1 & 2 Will. 4, c. 32.

Justices to

hold a special session yearly for granting li

cences required to be obtained by dealers in game; the first from the justices, and the other from the excise. We will now give the enactments relating thereto, and others as to the liabilities of and penalties on dealers contravening the statutes in the buying and selling of game.

"Game," it may be observed generally, as here used, must be understood to apply to that defined by 1 & 2 Will. 4, c. 32, s. 2, ante, p. 14, note 2.

By 1 & 2 Will. 4, c. 32, s. 18, it is enacted," That the justices of the peace of every county, riding, division, liberty, franchise, city or town shall hold a special session in the division or district for which they usually act in the present year, between the fifteenth deal in game. and the thirtieth days of October, and in every succeeding year in the month of July,1 for the purpose of

cences to

persons to

2 & 3 Vict. c. 35, s. 4.

1 By 2 & 3 Vict. c. 35, s. 4, the time of the holding of this special sessions was altered, for, after reciting this section (18) it enacts, "That from and after the passing of this act it shall be lawful for the said justices of the peace to hold in their respective divisions or districts a special session for the purpose of granting licences to deal in game, not only in the month of July, but also at any time, and from time to time as often as they shall think fit after the said month of July in every year ;-and it shall also be lawful for the majority of the said justices (not being less than two), assembled at any such session, or at any adjournment thereof, to grant licences to deal in game, in like manner directed by

c. 32.

Persons not

to be li

censed.

granting licences to deal in game, of the holding of 1 & 2 Will. 4, which session seven days' notice shall be given to each of the justices acting for such division or district,2 -and the majority of the justices assembled at such session, or at some adjournment thereof, not being less than two, are hereby authorized (if they shall think fit) to grant, under their hands, to any person being a householder or keeper of a shop or stall within such division or district, and not being an innkeeper or victualler, or licensed to sell beer by retail,-nor being the owner, guard or driver of any mail coach or other vehicle employed in the conveyance of the mails of letters, or of any stage coach, stage waggon, van, or other public conveyance,-nor being a carrier or higgler, nor being in the employment of any of the above-mentioned persons,‚—a licence according to the form in the schedule (A.) annexed to this act, empowering the person to whom such licence shall be so granted to buy game at any place from any person who may lawfully sell game by virtue of this act, and also to sell the same at one house, shop or stall only, kept by him ;3

"Provided that every person, while so licensed to Dealers in

the said last-recited act [1 & 2 Will. 4, c. 32]; and under and subject to the provisions and regulations thereof;-provided always, that, of the holding of any such special sessions, seven days' notice shall be given to each of the justices acting for the division or district in which such session is intended to be held; -provided also, that every licence to deal in game, at whatever time the same hath been or shall be granted, shall continue in force from the granting thereof, until the first day of July then next following, and no longer; anything in the said last-recited act, or in such licence, to the contrary notwithstanding."

The mode of convening the special sessions is by a notice from one justice addressed to each of the other justices of the division (7 & 8 Vict. c. 33, s. 7). Forms, Oke's "Formulist," 3rd ed., pp. 571, 593.

3 Vide form of licence by justices, post, p. 86.

game to put up a board.

c. 32.

1 & 2 Will. 4, deal in game as aforesaid, shall affix to some part of the outside of the front of his house, shop or stall, and shall there keep a board, having thereon, in clear and legible characters, his christian name and surname, together with the following words (that is to say), 'Licensed to deal in game;'

How long

licence in force.

Proviso as to partners.

Licences when to become void.

23 & 24 Vict. c. 90.

"And every such licence granted in the present year shall begin to be in force on the first day of November in the present year, and shall continue in force until the fifteenth day of July, one thousand eight hundred and thirty-two, and every such licence granted in any succeeding year shall continue in force for the period of one year next after the granting thereof." [But see second proviso to 2 & 3 Vict. c. 35, p. 79, note 1.]

Sect. 21 enacts,-"That persons being in partnership, and carrying on their business at one house, shop or stall only, shall not be obliged by virtue of this act, to take out more than one licence in any one year to authorize them to deal in game at such house, shop, or stall."

Sect. 22 enacts,- "That if any person licensed by virtue of this act to deal in game, shall, during the period of such licence, be convicted of any offence whatever against this act, such licence shall thereupon become null and void."5

4

The 23 & 24 Vict. c. 90, s. 13, enacts that," All Provisions of the clauses and provisions of the two several acts 1 & 2 Will. 4, passed respectively in the first and second

c. 32, and
2 & 3 Vict.

years

of

c. 35, relating King William the Fourth, chapter thirty-two, and the to licences to second and third years of her present majesty, chapter

deal in game

The offences by licensed dealers are contained in ss. 4 and 28 of 1 & 2 Will. 4, c. 32, post, pp. 83-85.

5 But the person would not be prohibited from applying for or being granted another licence expiring on the first of July following the date of granting it.

c. 90.

throughout

thirty-five, relating to the granting of licences by jus- 23 & 24 Vict. tices of the peace to deal in game, and to the holding to be in force of special sessions by such justices in their respective the United divisions or districts for the purpose of granting such Kingdom. licences, and also all the clauses, provisions and penalties contained in the said acts or either of them relating to dealers in game, and to the selling of game, either by or to such dealers or others, shall, so far as the same are consistent with the express provisions of this act, and as the same are altered or amended by this act, extend to and be of full force and effect in and throughout the whole of the United Kingdom, --and shall be observed, applied and enforced as if the same, so altered or amended, and made consistent with the express provisions of this act, had been herein repeated and specially enacted;

"Provided always, that no person shall be authorized to sell game to any licensed dealer unless he shall have taken out a three pound licence under this

act."6

No person to sell game ex

cept he has a

31. licence.

Persons lithe justices game to pay

censed by

to deal in

for and obtain

a

licence

under this

act.

Sect. 14 enacts,-"Every person who shall have obtained any licence to deal in game from the justices of the peace, under the provisions of the said two several acts [1 & 2 Will. 4, c. 32, and 2 & 3 Vict. c. 35], in the preceding clause mentioned, shall annually, and during the continuance of such licence, and before he shall be empowered to deal in game under such licence, obtain a further licence to deal in game under this act, on payment of the duty hereby charged thereon,'-and if any person obtaining * a licence from the *[See 24 &

6 See ante, p. 34, as to the grant of this excise licence, and note 15, ante, p. 36.

7 The duty is 27. (see s. 2, ante, p. 27); is an excise duty, and is under the management of the Commissioners of Inland Revenue (s. 3, ante, pp. 27, 28). The licence is to be in such form as the commissioners shall provide (s. 16, ante, p. 34). Vide the form, post, p. 86.

25 Vict. c. 91, s. 17, p. 82, note.]

c. 90.

23 & 24 Vict. said justices as aforesaid shall purchase or sell or otherwise deal in game before he shall obtain a licence to deal in game under the provisions of this act, he shall forfeit the sum of twenty pounds."

c. 91, s. 17.

Sect. 15 enacts,-"That no licence to deal in game shall be granted under the provisions of this act to any person, except upon the production of a licence for the like purpose duly granted to him by the justices of the peace, as aforesaid, and then in force;

"And every officer appointed or authorized to grant licences to deal in game under this act shall in each year make out a list, to be kept in his possession, containing the name and place of abode of every person to whom he shall have granted or issued a licence to deal in game under this act,—and such officer shall at all seasonable hours produce such list to any person making application to inspect the same, and shall be

As to the recovery of this penalty, see note, ante, p. 28, and form of statement of offence, p. 87. The person dealing without this licence is not liable to be surcharged or proceeded against for the 27. duty on the licence in addition to this penalty (Ass. Taxes, Appeal Case, No. 1068). The buying without a licence is punishable under 1 & 2 Will. 4, c. 32, s. 27, and the 24 & 25 Vict. selling, under s. 25, post, pp. 90, 91. Also by 24 & 25 Vict. c. 91, s. 17, which, after reciting that by the section in the text [23 & 24 Vict. c. 90, s. 14] a penalty of twenty pounds is imposed upon any person who shall obtain a licence to deal in game from the justices of the peace under the provisions of certain acts therein referred to [1 & 2 Will. 4, c. 32, and 2 & 3 Vict. c. 35], and who shall purchase or sell or otherwise deal in game before he shall obtain a licence to deal in game under the provisions of the act in this clause first mentioned [i. e., 23 & 24 Vict. c. 90], enacts, -"That the said penalty shall be incurred by every person who, under the provisions of the said acts so referred to as aforesaid, ought to obtain a licence from the justices of the peace to deal in game, and who shall purchase or sell or otherwise deal in game before he shall obtain a proper excise licence under the provisions of the said first-mentioned act, whether he shall have obtained a licence from the said justices or not;-and in any information exhibited for recovery of the said penalty, it shall be sufficient to allege, and upon the trial thereof to prove, that the defendant dealt in game without the licence required by the said first-mentioned act," [i. e. 23 & 24 Vict. c. 90].