41. Selling without board outside s. 28). Proceed to the asterisk in form No. 39, supra, and then: unlawfully did sell [or offer for sale] certain game, to his shop (Id. wit, two partridges, to one E. F. at your [or his] house [or shop, or stall] there situate, without such a board as required by the statute in that behalf being then affixed to any part of the outside of the front of the said house [or shop, or stall], contrary, &c. 42. Affixing than one house, &c. (Id.) Proceed to the asterisk* in form No. 39, supra, and board to more then: unlawfully did affix [or cause to be affixed] such board as is by the statute in that behalf required to be affixed to part of the outside of the front of your [or his] house [or shop, or stall] to more than one house [or shop, or stall], to wit, to a house situate in street, in the parish of aforesaid, and to another house situate in 43. Selling at any other place than is affixed street, in the same parish, contrary, &c. Proceed to the asterisk* in form No. 39, supra, and then: unlawfully did sell certain game, to wit, two parwhere board tridges, to one E. F. at a certain place, to wit, a house [or as the case may be] in street, in the parish of aforesaid, being other than the house [or shop, or stall] where such board, as required by the statute in that behalf, had been affixed by you [or the said A. B.], contrary, (Id.) &c. CHAPTER IX. BUYING AND SELLING GAME BY OTHER THAN LICENSED DEALERS. By the joint operation of 1 & 2 Will. 4, c. 32, s. 17, and 23 & 24 Vict. c. 90, ss. 6, 13 (ante, pp. 20, 21, notes 5 and 6), every person who has taken out a 31. excise licence to kill game, shall have power to sell game to a licensed dealer. 1 c. 32. & 2 Will. 4, Buying or having posgame after session of forty days. tion of the 1 & 2 Will. 4, c. 32, s. 4, enacts (inter alia, the portion of this section, as to licensed dealers, being at p. 83),—“ If any person, not being licensed to deal in game by virtue of this act, as hereinafter mentioned, shall buy or sell any bird of game after the expiration from expira of ten days (one inclusive and the other exclusive) season. from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid,-or shall knowingly have in his house, possession or control, any bird of game (except birds of game kept in a mew or breeding place), after the expiration of forty days (one inclusive and the other exclusive) from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid,— such person shall, on a conviction of any such offence before two justices of the peace, forfeit and pay for every head of game so bought or sold, or found in his house, shop, possession or control, such sum of money, not exceeding one pound, as to the convicting justices 1 & 2 Will. 4, shall seem meet, together with the costs of the conviction." 1 c. 32. Penalty for selling game without licence, and on certificated persons selling to unlicensed persons. 5 & 6 Will. 4, c. 20, s. 20. Sect. 25 enacts,-" That if any person, not having obtained a game certificate, (except such person be licensed to deal in game according to this act,) shall sell or offer for sale any game to any person whatsoever,2- -or if any person authorized to sell game under this act by virtue of a game certificate [now an excise "licence to kill game,” 23 & 24 Vict. c. 90, s. 6], shall sell or offer for sale any game to any person whatsoever, except a person licensed to deal in game according to this act,3-every such offender shall, on conviction of any such offence before two justices of the peace, forfeit and pay for every head of game so sold or offered for sale such sum of money, not exceeding two pounds, as to the said justices shall seem meet, together with the costs of the conviction." 4 1 Vide notes 9, 10, ante, pp. 84, 85, which are equally applicable to this portion of section 4, the description of game and the recovery of the penalty. The forms of statements of the offences are at p. 92. 2 The offender is not liable to the 21. duty on a dealer's licence in addition to this penalty (Ass. Taxes, Appeal Case, No. 1068, decided in 1835). There appears now, since 23 & 24 Vict. c. 90, to be no surcharge of duty or double duty (see note 7, ante, p. 28, and s. 14, ante, p. 82; but under the latter section and 24 & 25 Vict. c. 91, s. 17, he would be liable to the penalty for dealing without a licence. 3 But he cannot sell game to a licensed dealer unless he has taken out a 31. licence (23 & 24 Vict. c. 90, s. 13, ante, p. 80). 4 Vide Chap. X., post, for the mode of recovering this penalty, and p. 92 for the forms of stating the offences. By 5 & 6 Will. 4, c. 20, s. 20, after reciting this section and section 27, enacts,-"That from and after the passing of this act every person who shall inform and prosecute or give evidence against any other person or persons for any offence committed, or to be committed, against any of the said last recited enactments, shall be indemnified, freed and discharged from all and every penalty and penalties which he or she may have incurred or become liable to under the aforesaid enactments, or any of them, for or by reason of any transaction or dealing which he or she may have had with the person or persons against whom he or she shall so inform and prosecute or give evidence as afore 1 & 2 Will. 4, c. 32. Sect. 26 enacts,-" That it shall be lawful for any innkeeper or tavern-keeper, without any such licence Exceptions for dealing in game as aforesaid, to sell for game consumption in his own house, such game having been procured from some person licensed to deal in game by virtue of this act, and not otherwise." as to innkeepers. persons buy except from dealers. Sect. 27 enacts,-" That if any person, not being Penalty on licensed to deal in game according to this act, shall ing game buy any game from any person whatsoever, except licensed from a person licensed to deal in game, according to this act, ‚—or bonâ fide from a person affixing to the outside of the front of his house, shop or stall, a board purporting to be the board of a person licensed to deal in game, every such offender shall, on conviction thereof before two justices of the peace, forfeit and pay for every head of game so bought such sum of money, not exceeding five pounds, as to the said justices shall seem meet, together with the costs of the conviction." 5 persons assuming to Sect. 28 enacts (inter alia),—“ If any person not Unlicensed being licensed to deal in game according to this act [and now 23 & 24 Vict. c. 90, ante, p. 80 also], shall be licensed. assume or pretend, by affixing such board as aforesaid [in sect. 18, ante, p. 78], or by exhibiting any certificate, or by any other device or pretence, to be a person licensed to deal in game,-such offender being convicted thereof before two justices of the peace, shall forfeit and pay such sum of money, not exceeding ten said, provided the information or prosecution, which the person so informing and prosecuting as aforesaid shall have instituted, or upon which the person shall give evidence, shall have been commenced before the institution of any proceedings against him or her for the recovery of any such penalty or penalties which he or she may have incurred or become liable to as aforesaid." Vide Chap. X., post, for the mode of recovering of this penalty, and p. 92, the statement of the offences. See 24 & 25 Vict. c. 91, s. 17, in note to 23 & 24 Vict. c. 90, s. 14, ante, p. 82. c. 32. 1 & 2 Will. 4, pounds, as to the said justices shall seem meet, together with the costs of the conviction."" 44. Unli censed person buying or selling birds of game after lawful ten days time (s. 4). 45. Unli censed person having possession FORMS.' For that you [or he the said A. B.] on &c., at &c., not then being licensed to deal in game, according to the statutes in that behalf,* unlawfully did buy [or sell] certain birds of game, to wit, two partridges, the day last aforesaid, being after the expiration of ten days from the first day of February last [stating the day on which the season for killing the game in question expired], contrary, &c. Proceed to the asterisk* in the last form, and then: unlawfully and knowingly did have in your [or his] house [or shop, or stall, or possession, or control] there, certain of same after birds of game, to wit, two pheasants (the same not being then and there kept in a mew or breeding place), the day last aforesaid, &c. [concluding as in the last form]. forty days (Id.) 46. Uncerti- 47. Certifi cated person selling to an unlicensed For that you [or he the said A. B.] on &c., at &c., not having obtained and not having a licence to kill and game, not being then a person duly licensed to deal in game according to the statutes in that behalf, unlawfully did sell [or offer for sale] certain game, to wit, two partridges, to one E. F., (or if the defendant has not taken out a three-pound licence under 23 & 24 Vict. c. 90, and has sold to a licensed dealer, say here: the said E. F. being a person licensed to deal in game, but you [or he the said A. B.] had not then taken out a three-pound licence under the act in that behalf,] contrary, &c. For that you [or he the said A. B.] on &c., at &c., being then authorized to sell game by virtue of a licence to kill game, unlawfully did sell [or offer for sale] certain game, to person (Id.) wit, two partridges, to one E. F., he the said E. F. not then and there being a person licensed to deal in game according to the statute in that behalf, contrary, &c. 6 See note, supra. 7 These forms of statements of offences are for use in the general forms in Chap. X., post, p. 105-107. |