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our Lord God yearly; any thing in this law to the contrary notwith- No. XX. standing.

1 or 2 VII. And be it also further enacted by the authority aforesaid, That

James I. it shall and may be lawful to and for every person and persons keeping any hawk or hawks which at the general quarter sessions of the county

c. 27. (where he and they shall dwell) shall be licensed to shoot hail-shot in lrand-guns or birding-pieces at crow chough pye rook ring-dove jey or Licence to smaller birds for hawks-meat only, to shoot and kill hawks-meat according shoot in a Gun to the said licence only: so that such party so to be licensed do at the for Hawkssame quarter sessions wherein he shall be licensed, become bound to the meat. King's Majesty by recognisance in twenty pounds not to shoot at any the fowl or game at which shooting is prohibited by this law; and so that he or they shall not shoot in any hand-gun or other gun within six hundred paces of any hernery nor within one hundred paces of any pigeon-house nor in any park forest or chase whereof the party so licensed or his master is or shall not be the owner keeper or governor: for which licence and recognisance the clerk of the peace is to take only twelve pence and no more. This law to continue to the end of the first session of the next Continuance of Parliament.-[3 Car. I. c. 4. Continued until the end of the first session this Statute. of the next Parliament and farther continued by I6 Cur. I. c. 4.]

{ No. XXI. ] 3 James I. c. 13. A. D. 1605.-An Act

against unlawful hunting, stealing of Deer and Conies.

[ No. XXII. ] 7 James I. c. 11. A.D. 1609.-An Act to

prevent the Spoil of Corn and Grain, by untimely
Hawking, and for the better Preservation of Pheasants

and Partridges. WHEREAS in the first session of this present Parliament there was a 7 James 1.c.1l.

good law made amongst other things for the preservation of the
of pheasants and partridges, which hath not yielded that good killing of Phea-

The Penalty for game

success as was by the same law hoped for and intended, through dis• orderly and unseasonable hawking whereby great quantity of corn and tridges at un

sants or Par• grain hath been and is not only uncharitably spoiled and destroyed due Times, or • but great numbers of pheasants and partridges thereby killed and by undue • spoiled before they be either fit to be hawked at or to be used for food Means. • or diet.'

1 Jac. I. c. 27. II. For the preventing of both which inconveniences and mischiefs, Burn, v. 1. Be it enacted by the authority of this present Parliament, that all and 490. every person or persons whatsoever which at any time after the end of this present session of Parliament doth or shall hawk at destroy or kill any pheasant or pheasants partridge or partridges with any kind of hawk or hawks dog or dogs by colour of hawking, between the first of July and the last day of August, and the same offence or offences being proved by the confession of the party or by the testimony of two sufficient witDesses upon oath before two or more justices of the peace of the said county city or town corporate wherein the offence shall be committed or the party offending apprehended, shall be by the said justices of the peace for every such offence committed to the common gaol of the said county city or town corporate where the offence shall be committed or the parties apprehended; there to remain for one whole inonth without bail

or mainprize unless that the said offender do or shall forthwith upon the " said conviction pay or cause to be paid to the churchwardens of the said parish or unto the overseers of the poor or some of them where the said offence shall be committed or the party apprehended, to the use of the poor of the same parish the sum of forty shillings for every such hawking at any pheasant or partridge, and twenty shillings for every such pheasant or partridge which any and every such person and persons so offending and convicted (as aforesaid) by himself his hawk or hawks dog or dogs,

No. XXII. shall take kill or destroy contrary to the true purport intent and meaning y James I.

of this present statute.

III. Provided always and be it enacted by the authority aforesaid, c. ll.

That if any person or persons shall be at any time hereafter convicted and

punished by virtue of this law, that then the party so punished shall not He that is pu- for the same offence be eftsoons called in question, and punished by nished by this virtue of any other law touching or concerning the like offences. Law shall be excused for any other. Within what IV. Provided also, That no offenders shall be impeached or punished Time an Of by virtue of this Act unless he or they be accused as delinquent before fender shall be the said justices of peace within six months next after the said offence accused.

or offences committed or done.

V. And whereas by a proviso in the said statute contained it is pro4 vided, That it shall and may be lawful to and for every person and

persons which have or shall have free warren, and to and for every lord • of a manor and to every freeholder which is or shall be seised in his

own right or in the right of his wife of lands tenements or heredita' ments to the clear yearly value of ten pounds or more by the year • over and above all charges and reprises of some estate of inheritance; • or of lands tenements or hereditaments in his own right or in the right • of his wife for term of life or lives of the yearly value of thirty pounds over and above all charges and reprises ; or be or which shall be worth

in goods or chattels two hundred pounds ; by him or themselves or by • his or their menial servants (sufficiently authorised from his or their • master for that purpose) to take pheasants and partridges (in the day' time only) with nets in and upon his and their own or his or their • master's free warren manor and freehold or on any part of them be• twixt the Feast of St. Michael the Archangel and the Feast of the Birth

of our Lord Gud yearly; any thing in the said law to the contrary not

withstanding: by colour of which liberty so given by the said proviso • it is found by experience that the said games of pheasants and par• tridges have been and still are likely to bc much spoiled and destroyed • by many mean tenants and freeholders against the will of the lords or

owners of inheritance of the said lands and tenements.' A Repeal of a VI. Be it therefore enacted by the authority aforesaid, That the said Branch of the proviso and every clause article and thing therein contained shall be from Statute of

the end of this present session of Parliament utterly repealed frustrate 1 of 2 Jac. land made void ; any thing in the said proviso contained to the contrary, C. 27.

notwithstanding. Who may take VII. And that it shall and may be lawful for every person or persons Pheasants and which have or shall have free warren and to and for every lord of a manor Partridges,

and to and for every freeholder which is or shall be seised in his own where and right or in the right of his wife of lands tenements and hereditaments to when.

the clear yearly value of forty pounds or more by the year over and above all charges and reprises of some estate of inheritance ; or of lands tenements and hereditaments in his own right or in the right of his wife for term of life or lives of the yearly value of fourscore pounds over and above all charges and reprises; or which shall be worth in goods or chattels four hundred pounds; by him or themselves or by his or their menial and household servants (sufficiently authorised from his or their master for that purpose) to take pheasants and partridges (in the day-time only) in and upon his and their own or his and their master's free warren manor and freehold as aforesaid or on any part of them betwixt the Feast of St. Michael the Archangel and the birih of our Lord God yearly; any thing in the said law before mentioned to the contrary notwithstanding."

VIII. • And whereas the said games of pheasants and partridges are . excessively spoiled and destroyed by base persons of bad and mean con*dition making a trade and living of the spoiling and destroying of the

said games who are not of sufficiency to pay any penalty in any former statute mentioned nor to answer the costs and charges of any that should inform and prosecute against them in any of his Majesty's courts : By reason whereof and for that the said offenders are hardly discovered

• and seldom or never found offending in the presence of divers witnesses, No. XXII. • so that it is very hard to convict them by the testimony of more witnesses than one by reason that they spoil and destroy the said games

7 James I. secretly and for the most part in the night-time and do carry such phea

c. ll. sants and partridges as they so destroy likewise by night to cities and market-towns to be sold. Be it therefore further enacted by the Penalty for tak authority, aforesaid, That all and every person or persons which from and ing any Pheaafter the first day of September next shall take kill or destroy any phea. sants or Parsant or partridge with setting-dogs and nets or otherwise with any man- tridges with ner of nets snares or engines, and the same offence or offences being Setting-dogs, proved by the confession of the party or by the testimony of one sutti Nets, &c. cient witness upon oath before two or more justices of the peace of the same county city or town corporateswherein the offence shall be committed or the party offending apprehended, shall be by the said justices of peace for every such offence committed to the common gaol of the said county city or town corporate where the offence shall be committed or the party apprehended, there to remain for three months without bail or mainprize, unless that the said offender shall forthwith pay or cause to be paid to the churchwardens or overseers of the poor of the said parish where the said offence shall be committed the sum of twenty shillings for every pheasant or partridge which any and every such person or persons so offending shall lake kill or destroy as aforesaid contrary to the purport and true meaning of this statute ; and further to become bound by recognuisance in the sum of twenty pounds to his Majesty his heirs and successors, with condition that he the said party so offending shall not at any time thereafter take kill or destroy any pheasant or partridge ; which said recognisance shall be taken by any one or more justices of peace of the said county city or town corporate where the said offence shall be committed as aforesaid and shall be returned to the then next quarter sessions and there to remain of record as other recognisances taken for the peace.

IX. And be it further enacted, That every constable and headborough Officers may in every county city town corporate and other place where they shall be search the sworn officers shall and may by virtue of this present Act (bringing with Houses of Perthem to that purpose a lawful warrant under the hands of two justices of sons suspected the peace of the county city liberties or town corporate) have full power to offend. and authority to enter into and search the house or houses of any person or persons (other than such as by this present Act are allowed to take pheasants and partridges with nets as aforesaid) being suspected to have any setting-dogs or nets for the taking of pheasants and partridges; and wheresoever they shall find any such setting-dogs or nets the same to take carry away and detain kill destroy and cut in pieces as things prohibited by this Act and forfeited to such of the said officers as shall find out and take the same as aforesaid.

X. This law to continue unto the end of the first session of the next Continuance of Parliament and no longer. (3 Car. 1. c. 4. continued until the end of this Act. the first session of the next Parliament, and farther continued by 16 Car. 1 c. 4.)

( No. XXIII. ] 7 James I. c. 13. A.D. 1609.-An Act

for the Explanation of one Statute made in the Second Session of this present Parliament, intituled 'An Act against unlawful hunting and stealing of Deer and Conies.'

[ No. XXIV. ] 16 Charles I. c. 16. A. D. 1640.–An Act

for the Certainty of Forests, and of the Meets, Meers,
Limits, and Bounds of the Forests,

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No. XXV. ] 13 Charles II. Sess, I. c. 10. A. D. 1661.

-An Act to prevent the unlawful coursing, hunting, or killing of Deer.

C. 23.

Who may apo

may seize.

[ No. XXVI. ) 22 and 23 Charles II. c. 25. A. D. 1670.

-An Act for the better Preservation of the Game, and for securing Warrens not inclosed, and the several

Fishings of this Realın. 22 & 23 Car. II. WHEREAS divers disorderly persons laying aside their lawful trades

and employments do betake themselves to the stealing taking and ' killing of conies hares pheasants partridges and other game intended to • be preserved by former laws with guns dogs tramels lowbels hays and

other nets snares hare-pipes and other engines, to the great damage of • this realm and prejudice of noblemen gentlemen and lords of manors " and others owners of warrens.'

II. For remedy thereof, be it enacted by the King's most excellent point Game- Majesty, by and with the advice and consent of the Lords Spiritual and keepers. Temporal and the Commons in this present Parliament assembled,

and by the authority of the same, That all lords of manors or other royalties (1.) not under the degree of an esquire may from henceforth by writing under their hands and seals authorise one or more game-keeper

or game-keepers within their respective manors or royalties, who being What such

thereunto so authorised may take and seize all such guns bows greyGame-keepers

hounds setting-dogs lurchers or other dogs to kill hares or conies, ferrets tramels lowbels hays or other nets hare-pipes snares or other engines for the taking and killing of conies bares pheasants partridges or other gaine, as within the precinct of such respective manors shall be used by any

person or persons who by this Act are prohibited to keep or use the same: Power to

And moreover, That the said game-keeper or game-keepers or any other search Houses. person or persons being thereunto authorised by warrant under the hand

and seal of any justice of the peace of the same county division or place (2.) may in the day-time search the houses outhouses or other places of any such person or persons by this Act prohibited to keep or use the same, as upon ground shall be suspected to have or keep in his or their custody any guns bows greyhounds setting-dogs ferreis coneydogs or other dogs to destroy hares or conies, hays tramels or other nets lowbels hare-pipes snares or other engines aforesaid, and the same and every or any of them to seize detain and keep to and for the use of the lord of the manor or royalty where the same shall be so found or taken or otherwise to cut in pieces or destroy as things by this Act prohibited to be kept by persons of their degree.

III. And it is hereby enacted and declared, That all and every person What Persons and persons not having lands and tenements or some other estate of inare prohibited the keeping of

heritance in his own or his wife's right of the clear yearly value (3.) of Guns, Bows,

one hundred pounds (4.) per annum or for a term of life (5.) or having Dogs, &c. 5 Mod. 307. 1 Salk. 212.

(1.) The Lord of a Hundred or Wapentake sioners of Income Tax, that the party had not an cannot, as such, appoint a Gamekeeper. Lord Income of 1001. a year, and that certain Interest Aylesbury v. Pattison. Doug. 28.

was payable out of his Estatc, is Evidence of want (2.) A Justice himself is not authorised to of Qualification, in opposition to Evidence of his search. Semble, Briggs v. Evelyn. 2 H. B. 114. having an Estate worth 1001. a year. Rex v.

(3.) If the Premises are subject to a Mortgage, Clarke, 8 T. R. 220. the Interest of which is more than the annual Va- (4.) By 13 Richard II. Laymen not having lue, the party is not qualified: but Possession is Lands of forty shillings a year, and Clergymen prima facie Evidence of Property, and the De- not advanced to ten pounds a year, are prohibited fendant must be presumed to be the entire to hunt, &c. on pain of a year's imprisonment. owner : the task lies upon the other party to By 1 James, c. 27. any person keeping Greymake proof to the contrary, Wetherell 2. Hall, hounds for coursing of Deer or Hare, or SettingCald. 230. A Declaration before the Commis- dog or Net to take Pheasants or Partridges, ex

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Jease or leases of ninety-nine years or for any longer term of the clear No. XXVI. yearly value of one hundred and fifty pounds (6.) other than the son and heir apparent of an esquire (7.) or (8.) other person of higher degree, (9.)

22 & 23 and the owners and keepers of forests parks chases or warrens, being

Car. II. stocked with deer or conies for their necessary use in respect of the said c. 25. forests parks chases or warrens are hereby declared to be persons by the laws of this realm not allowed to have or keep for themselves or any other person or persons any guns bows greyhounds setting-dogs ferrets coney-dogs lurchers hays nets lowbels hare-pipes gins snares or other engines aforesaid ; but shall be and are hereby prohibited to have keer or use the same. (10.)

IV. * And forasmuch as divers warrens and grounds not inclosed are No Person used for the breeding and keeping of conies in several parts of this king- shall kill Conies donr and that sundry dissolute and disorderly persons have been much in a Warren noe

encouraged to kill and destroy the conies in such warrens and grounds inclosed. • not inclosed in the night-time, for that the same is not prohibited or . punishable by the statutes in that behalf made and provided which ex

tend only to the stealing and killing of conies in warrens or grounds • inclosed For remedy thereof, Be it enacted and declared, That if any person or persons shall at any time enter wrongfully into any warren or ground lawfully used or kept for the breeding or keeping of conies (although the saine be not inclosed) and there shall take chase or kill any conies against the will of the owner or occupiers thereof, not having lawful title or authority so to do, and shall be thereof lawfully convicted in manner hereafter following, the parties so offending shall yield to the Forfeiture. party grieved treble damages and costs and suffer imprisonment by the space of three months, and after till thcy shall find surelies for their good abearing.

V. · And forasmuch as divers idle and disorderly persons living near No Person • unto warrens, have of late time used to kill and take the conies upon shall in the • the borders of the same, and under colour thereof do oft time enter into Night kill any • the said warrens and there take and kill conies in the night-time when Conies on the

they cannot easily be discovered:' It is further provided and enacted, Borders of any That no person or persons shall at any time hereafier kill or take in the Warren, except night-time any conies upon the borders of any warrens or other grounds the Owner of lawfully used for the breeding or keeping of conies; excepting only such the Ground person or persons as shall be owner of the soil or lawful occupier or possessor of the ground, or any person or persons employed by him her or them, whereupon such conies shall be so killed or taken; upon pain that every person so offending and being thereof lawfully convicted in manner hereafter following, shall give the party or parties injured such recompence The Penalty. or satisfaction for his or their dainages and within such time as shall be

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cept he be seised of an Estate of Inheritance of (7.) The meaning of this Term is not very the yearly value of 101. above all charges and re. precisely defined. A person is not constituted prises, or 301. a year of a Lives Estate, or Goods an Esquire by being so called in a Commission of the value of 2001., or be the Son of a Knight from the Lord Lieutenant of a County, as Captain or Lord, or the Son and heir apparent of an in a Corps of Volunteers.

Talbot 1: Eagle, Esquire, is to be committed to gaol for three i Taunt. 510. months, unless he pay 20s. By 3 James, c. 13. (8.) This means the Son of some other person Restrictions with respect to Deer and Conies are of higher degree, and not such person himself, imposed upon persons not having Hereditaments who is not qualified merely as being of higher deof 401. a year, nor worth in goods 2001. By gree than an Esquire: per Lord Mansfield, Ash-, 7 James I. c. 11. a Freeholder of 401. a year ofurst, and Buller, Willes contra : Jones v. Smart, Inheritance, or Lives Estate of 801. or worth in IT. R. 44. Rex r'. Ulley, cited ibid. goods 4001. may take pheasants and partridges in (9.) Colonels, Sergeants at Law, and Doctors the day-time in his own free warren.

in the three learned Professions, are of higher (5.) A Life Estate is to be coupled with Lease- rank than Esquires. 1 Bl. Com. 405 : but a Dihold, whereof 1501. a year is necessary to consti- ploma of a Scotch University does not give such tute a qualification. Lowndes v. Lewis, Caldec, 188. precedence in England. Jones v. Smart, ub supra. A Church Living is a Life Estate, S. C.

(10.) For the Penalties for Sporting without (6.) An Estatc of 1501. for 99 years, if three being qualified, and the requisite Proceedings for Lives shall so long live, is sufficient. Earl Fer- recovering such Penalties, see Stat. 5 Anne, c. 14. rers v. Hinton, 8 T. R. 506.

post. VOL. VII.

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