our Lord God yearly; any thing in this law to the contrary notwithstanding.

No. XX.

1 or 2 James I.

c. 27.

VII. And be it also further enacted by the authority aforesaid, That 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 (where he and they shall dwell) shall be licensed to shoot hail-shot in brand-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 16 Car. 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.

sants or Par

WHEREAS in the first session of this present Parliament there was a 7 James 1.c.11. good law made amongst other things for the preservation of the The Penalty for game of pheasants and partridges, which hath not yielded that good killing of Pheasuccess as was by the same law hoped for and intended, through disorderly and unseasonable hawking whereby great quantity of corn and tridges at ungrain 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. 1. 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 witnesses 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 month 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. 7 James I. c. 11.

shall take kill or destroy contrary to the true purport intent and meaning of this present statute.

III. Provided always and be it enacted by the authority aforesaid, 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 for the same offence be eftsoons called in question, and punished by virtue of any other law touching or concerning the like offences. Law shall be excused for any other.

He that is punished by this

Within what

Time an Of

IV. Provided also, That no offenders shall be impeached or punished 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 or offences committed or done.

accused.

V. And whereas by a proviso in the said statute contained it is pro'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 daytime 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 betwixt the Feast of St. Michael the Archangel and the Feast of the Birth of our Lord God yearly; any thing in the said law to the contrary notwithstanding: by colour of which liberty so given by the said proviso it is found by experience that the said games of pheasants and partridges have been and still are likely to be 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.'

VI. Be it therefore enacted by the authority aforesaid, That the said proviso and every clause article and thing therein contained shall be from the end of this present session of Parliament utterly repealed frustrate and made void; any thing in the said proviso contained to the contrary notwithstanding.

VII. And that it shall and may be lawful for every person or persons which have or shall have free warren and to and for every lord of a manor and to and for every freeholder which is or shall be seised in his own right or in the right of his wife of lands tenements and hereditaments to 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 masters free warren manor and freehold as aforesaid or on any part of them betwixt the Feast of St. Michael the Archangel and the birth 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

No. XXII.

7 James I.

• and seldom or never found offending in the presence of divers witnesses, so that it is very hard to convict them by the testimony of more wit'nesses than one by reason that they spoil and destroy the said games c. 11. 'secretly and for the most part in the night-time and do carry such pheasants 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 suffi Nets, &c. cient witness upon oath before two or more justices of the peace of the same county city or town corporate wherein 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 take kill or destroy as aforesaid contrary to the purport and true meaning of this statute; and further to become bound by recognisance 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.

No. XXV.

13 Car. II.

sess. 1. c. 10.

c. 25.

[ No. XXV. ] 13 Charles II. Sess. I. c. 10. A. D. 1661. -An Act to prevent the unlawful coursing, hunting, or killing of Deer.

[ 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 Realm.

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.'

Who may appoint Gamekeepers.

What such

Game-keepers may seize.

Power to search Houses.

II. For remedy thereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and 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 thereunto so authorised may take and seize all such guns bows greyhounds 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 hares pheasants partridges or other game, 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: And moreover, That the said game-keeper or game-keepers or any other 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 ferrets 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 heritance in his own or his wife's right of the clear yearly value (3.) of the keeping of one hundred pounds (4.) per annum or for a term of life (5.) or having Guns, Bows, Dogs, &c. 5 Mod. 307. 1 Salk. 212.

(1.) The Lord of a Hundred or Wapentake cannot, as such, appoint a Gamekeeper. Lord Aylesbury v. Pattison. Doug. 28.

(2.) A Justice himself is not authorised to search. Semble, Briggs v. Evelyn. 2 H. B. 114. (3.) If the Premises are subject to a Mortgage, the Interest of which is more than the annual Value, the party is not qualified: but Possession is prima facie Evidence of Property, and the Defendant must be presumed to be the entire owner: the task lies upon the other party to make proof to the contrary. Wetherell v. Hall, Cald. 230. A Declaration before the Commis

sioners of Income Tax, that the party had not an Income of 100l. a year, and that certain Interest was payable out of his Estate, is Evidence of want of Qualification, in opposition to Evidence of his having an Estate worth 100l. a year. Rex v. Clarke, 8 T. R. 220.

(4.) By 13 Richard II. Laymen not having Lands of forty shillings a year, and Clergymen not advanced to ten pounds a year, are prohibited to hunt, &c. on pain of a year's imprisonment. By 1 James, c. 27. any person keeping Greyhounds for coursing of Deer or Hare, or Settingdog or Net to take Pheasants or Partridges, ex

22 & 23

Car. II.

c. 25.

lease 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.) and the owners and keepers of forests parks chases or warrens, being stocked with deer or conies for their necessary use in respect of the said 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 keep 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 dom and that sundry dissolute and disorderly persons have been much in a Warren not 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 extend 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 same 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 they shall find sureties 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 hereafter 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 damages and within such time as shall be

cept he be seised of an Estate of Inheritance of the yearly value of 10l. above all charges and reprises, or 30l. a year of a Lives Estate, or Goods of the value of 2001., or be the Son of a Knight or Lord, or the Son and heir apparent of an Esquire, is to be committed to gaol for three months, unless he pay 20s. By 3 James, c. 13. Restrictions with respect to Deer and Conies are imposed upon persons not having Hereditaments of 40l. a year, nor worth in goods 2001. By 7 James I. c. 11. a Freeholder of 401. a year of Inheritance, or Lives Estate of 801. or worth in goods 4001. may take pheasants and partridges in the day-time in his own free warren.

(5.) A Life Estate is to be coupled with Leasehold, whereof 1501. a year is necessary to constitute a qualification. Lowndes v. Lewis, Caldec, 188. A Church Living is a Life Estate, S. C.

(6.) An Estate of 150/. for 99 years, if three Lives shall so long_live, is sufficient. Earl Ferrers v. Hinton, 8 T. R. 506.

VOL. VII.

(7.) The meaning of this Term is not very precisely defined. A person is not constituted an Esquire by being so called in a Commission from the Lord Lieutenant of a County, as Captain in a Corps of Volunteers. Talbot . Eagle, 1 Taunt. 510.

(8.) This means the Son of some other person of higher degree, and not such person himself, who is not qualified merely as being of higher de gree than an Esquire: per Lord Mansfield, Ashurst, and Buller, Willes contra: Jones v. Smart, 1 T. R. 44. Rex r. Utley, cited ibid.

(9.) Colonels, Sergeants at Law, and Doctors in the three learned Professions, are of higher rank than Esquires. 1 Bl. Com. 405: but a Diploma of a Scotch University does not give such precedence in England. Jones v. Smart, ub supra.

(10.) For the Penalties for Sporting without being qualified, and the requisite Proceedings for recovering such Penalties, see Stat. 5 Anne, c. 14. post.

Q