No. XLII. 13 Geo. III. c. 55. *Not to extend to Scotland. Limitation of Actions. General Issue. Treble Costs. Part of Act 2 Geo, 3. repealed. 13 George III. e. 80. Geo. 3.c.19. Rules to be ob- XI. And be it further enacted, That nothing in this Act contained shall extend to that part of Great Britain called Scotland.* XII. And be it further enacted, That if any action suit or information shall be commenced or prosecuted against any person or persons for any thing which shall be done in pursuance of this Act or in execution of any of the powers or authorities hereby given, every such action suit or information shall be commenced or prosecuted within the space of six calendar months next after the fact committed, and shall be laid or brought in the county riding division or place where the matter shall arise and not elsewhere; and the defendant or defendants in every such action suit or information shall and may at his or their election plead specially or the general issue and give this Act and the special matter in evidence; and if a verdict shall be given for the defendant, or if the plaintiff or plaintiffs shall be nonsuited or discontinue his her or their action suit or information after the defendant or defendants shall have appeared; or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, then the defendant or defendants shall recover treble costs and have such remedy for the same as any defendant or defendants hath or have in other cases by law. XIII. And be it enacted by the authority aforesaid, That so much of an Act passed in the second year of his present Majesty's reign, intituled An Act for the better Preservation of the Game in that Part of Great Britain called England, as relates to heath-fowl commonly called black game, or grouse commonly called red game, shall be and is hereby repealed. [No. XLIII. ] 13 George III. c. 80. A. D. 1773.-An Act to repeal an Act made in the Tenth Year of the Reign of his present Majesty, intituled, " An Act for the better Preservation of the Game within that Part of Great Britain called England; and for making other Provisions in lieu thereof." WHEREAS by an Act passed in the tenth year of the reign of his present Majesty, intituled "An Act for the better preservation of the Game in that part of Great Britain called England,” certain penalties and punishments were inflicted on persons killing and destroying game in the night between one hour after sun-set and one hour before sunrise: and whereas some doubts have arisen concerning the construction of some parts of the said Act and some inconveniences have followed therefrom;' Therefore, for obviating such doubts and for remedying such inconveniences, may it please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the twenty-fourth day of June one thousand seven hundred and seventy-three if any person or persons shall knowingly and wilfully kill take or destroy any hare pheasant partridge moor-game or heath-game, or use any gun dog snare net or other engine with intent to kill take or destroy any hare pheasant partridge moor-game or heathgame in the night, that is to say between the hours of seven of the clock at night and six in the morning, from the twelfth day of October to the twelfth day of February, and between the hours of nine of the clock at night and four in the morning, from the twelfth day of February to the twelfth day of October, every such person being convicted thereof upon the oath or oaths of one or more credible witness or witnesses before one or more justice or justices of the peace acting for the county riding or place where the offence shall be committed, shall forfeit and pay for the first offence any sum not exceeding twenty pounds nor less than ten pounds, and for the second offence any sum not exceeding thirty pounds nor less than twenty pounds; but in case any information shall be made upon oath as aforesaid before any justice or justices against any person offending against this Act, and if it shall appear that such offender hath No. XLIII. already been convicted of a first and second offence against this Act, then c. 80. and in such case such justice or justices shall and may commit such 13 Geo. HI. offender to the common gaol or house of correction for the county riding or place there to remain till the next general quarter session of the peace for the said county riding or place unless such offender shall have entered How Offenders into a recognisance with two sufficient securities to appear at such to be punished. general quarter session, then and there to be tried by indictment for the said offence; and also shall and may bind over the informer to prosecute the said offender by indictment as aforesaid; and the justices at their said general or quarter sessions shall and may direct the said indictment to be tried accordingly; and if upon such indictment such offender shall be convicted he shall forfeit and pay in court the sum of fifty pounds; and in case he shall neglect or refuse to pay the said sum of fifty pounds he shall be committed to the common gaol or house of correction for such county riding or place for any term not less than six nor more than twelve calendar months, unless such penalty shall be sooner paid; and such offender shall if the justices think proper be once publicly whipped for such offence at the expiration of such commitment in the town or place where such gaol or house of correction shall be, between the hours of twelve and one of the clock in the day. II. And be it further enacted, That the justice or justices before whom any offender shall be convicted as aforesaid, shall cause the said conviction to be made out in the manner and form following; that is to say, BE it Remembered, that on the in the year of our Lord ' before me day of Form of Con A. B. is convicted viction. for the county of Which conviction the said justice shall cause to be fairly wrote over upon parchment, and returned to the next general quarter sessions of the peace for the county riding or place where such conviction was made, to be filed by the clerk of the peace and remain and be kept among the records of the county. III. Provided always and be it further enacted by the authority afore- Clerk to desaid, That it shall and may be lawful for any clerk of the peace for any liver a Copy of county riding or place, and he is hereby required upon application made to Conviction, on him by any person or persons for that purpose, to cause a copy or copies Payment of 1s of any conviction or convictions filed by him under the directions of this Act to be forthwith delivered to such person or persons upon payment of one shilling for every such copy. IV. And be it further enacted by the authority aforesaid, That the Penalties and pecuniary penalties and forfeitures hereby to be incurred and made pay- Forfeitures. able upon any conviction for a first and second offence against this Act, and also for a third offence upon conviction at the quarter sessions as aforesaid, together with the costs and charges previous to and attending such conviction to be ascertained by the justice or justices before whom any offender shall be convicted, shall be forthwith paid by the person convicted, one moiety of the forfeiture to the informer and the other moiety to the poor of the parish or place where the offence shall be com mitted: and in case such person shall refuse or neglect to pay the same, or to give security for the payment thereof, such justice or justices shall by warrant under his or their hand and seal or hands and seals cause the same to be levied by distress and sale of the offender's goods and chattels together with all costs and charges attending such distress and sale returning the overplus (if any) to the owner; and it shall and may be lawful for such justice or justices to order (1.) such offender to be detained in safe custody until return may conveniently be had and made to such (1.) This order may be given by parol: Stell v. Walls, 7 E. 533. c. 80. [Part VI. No. XLIII. warrant of distress, unless the party so convicted shall give sufficient secu13 Geo. III. rity to the satisfaction of such justice or justices for his appearance before the said justice or justices on such day as shall be appointed by the said justice or justices for the day of the return of the said warrant of distress, such day not exceeding seven days from the time of taking such security; which security the said justice or justices are hereby empowered to take by way of recognisance or otherwise: but if upon such return no sufficient distress can be had, then and in such case the said justice or justices shall and may commit such offender to the common gaol or house of correction of the county riding or place for the space of three calendar months, unless the money forfeited shall be sooner paid, or until such offender thinking him or herself aggrieved by such conviction shall give notice to the informer that he or she intends to appeal to the justices of the peace at the next general quarter sessions of the peace to be held for the county or place wherein the cause of complaint shall arise, and shall enter into recognisance before some justice or justices with two sufficient securities conditioned to try such appeal and to abide the order of (2.) and pay such costs as shall be awarded by the justices at such quarter sessions; which notice of appeal being not less than fourteen days before the trial thereof, such person so aggrieved is hereby empowered to give; and the said justices at such session upon due proof of such notice being given as aforesaid, and of the entering into such recognisance, shall hear and finally determine the causes and matters of such appeal in a summary way, and award such costs to the parties appealing or appealed against as they the said justices shall think proper; and the determination of such quarter sessions shall be final binding and conclusive to all intents and purposes whatsoever. Provisions of V. And be it further enacted, That all the provisions of the said re10 Geo.3.c. 19. cited Act shall be and are hereby declared to be repealed. repealed. Penalties for VI. And be it enacted by the authority aforesaid, That from and after the said twenty-fourth day of June one thousand seven hundred and wilfully killing seventy-three if any person or persons shall upon a Sunday or on Game, or using Christmas-day in the day-time knowingly and wilfully take kill or dea Gun on a Sun- stroy any hare pheasant partridge heath-game or moor-game, or shall day or Christupon a Sunday or on Christmas-day use any gun dog net or engine for mas-day. taking killing or destroying any hare pheasant partridge moor-game or heath-game; every such person being convicted thereof in the manner and form prescribed by this Act, shall be subject to the like forfeitures and penalties as are herein-before enacted to be inflicted for other offences against this Act. How Penalties for Offences committed are to be recovered. VII. And be it further enacted, That in case any person shall commit an offence against this Act, whereby a penalty or punishment is incurred, and dwells in another county than in that in which the offence was committed, the justice or justices before whom such information or indictment was had or made may direct his or their warrant of apprehension and of distress and sale to any constable within such county riding or place where the offence was committed, to be by him carried to the justice near residing to the place where the offender dwells in such other county riding or place, to be signed by him on the back of the said warrant upon proof on oath of the hand-writing of the justice who first granted the warrant; which indorsement shall be sufficient authority for the constable of such parish or township where he dwells, or where his goods and chattels or distress are to be had and found, or for such constable who shall bring the said warrant to be indorsed to apprehend and convey such offender before the justice who first granted the warrant, or any other justice or justices of that county where the offence was committed, or for such constable to levy such penalty by distress and sale in the same manner and with the same powers as might have been done if the person had lived in the county riding or place where the offence was committed; and also in case where no sufficient distress can be had or found, to convey the offender before the justice who first granted the (2.) The Recognisance must follow the Statute. A Recognisance to try the Appeal and pay the Penalty, with Costs, on affirmance, is bad: Rex v. Bellamy, 3 Anstr. 898. c. 80. warrant of distress or any other justice or justices of that county where No. XLIII. the offence was committed to be dealt with according to law; and the 13 Geo. III. justice of such other county who endorsed the warrant of distress or apprehension shall direct such constable or other person taking and making such distress and sale to deliver over any sums of money for penalties arising from such distress and sale to the justice of the county who first granted the warrant, to be by him distributed according to the meaning of this Act; and in case such constable or other person shall neglect or refuse to pay such sums of money, or deliver over all proceedings had upon such distress and sale or warrant of apprehension, such justice who first granted the warrant or the justice who indorsed it may commit such constable or other person so refusing or neglecting to account for the sums of money received or deliver over the proceedings so had thereupon, to the common gaol or house of correction for the space of six months or until the money shall be paid and the proceedings delivered over to the justice who first granted the warrant; or in case of his absence or death to any other justice of the same county, to be by him distributed according to the true intent and meaning of this Act: and that no action of trespass false imprisonment information or indictment or other action or appeal shall be brought sued commenced or prosecuted by any person or persons whatsoever against the justice of such other county who indorsed such warrant for or by reason of his indorsing the same. VIII. Provided always and be it further enacted, That no order made Proceedings not concerning any of the matters aforesaid, or any other proceedings to be to be quashed, had touching the conviction or convictions of any offender or offenders nor removeagainst this Act, shall be quashed for want of form or be removed by able by Certiowrit of certiorari or any other writ or process whatsoever into any of his rari. Majesty's courts of record at Westminster. IX. Provided also, That no person shall be proceeded against for any Information of the offences against this Act as aforesaid, unless information shall be made on Oath. made thereof upon oath before some justice of the peace for the county riding or place wherein such offence shall be committed within one calendar month after such offence shall be committed. [ No. XLIV. ] 16 George III. c. 30. A. D. 1776.-An Act more effectually to prevent the stealing of Deer, and to repeal several former Statutes made for the like Purpose.* WHEREAS the statutes now in force for the discovery and punish- 16 George III. ment of deer-stealers are numerous, and many of them ineffectual: c. 30. And whereas the good purposes thereby intended might be better ef- Altered and 'fected if such of the said statutes as are found to be defective were re- in part repealed 'pealed, and such good provisions as are therein contained together with by 43 Geo. 3. such further provisions as may be expedient were reduced into one Act;' c. 107. Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That if any person or persons shall course or hunt or shall Penalty on any who shall hunt, take in any slip noose toyle or snare, or shall kill wound or destroy or &c. any Fallowshall shoot at or otherwise attempt to kill wound or destroy, or shall carry away any red or fallow deer in any forest chase purlieu or ancient deer, in any Forest, &c. walk, whether inclosed or not, or in any inclosed park paddock wood or other inclosed ground where deer are have been or shall be usually At the Summer Assize for Hertford, 1783, one Davies was indicted and tried "for hunting and killing a Fallow Deer, in an inclosed Park," on 9 Geo. I. c. 22. Though the Prisoner was convicted, yet a question was reserved for the opinion of the twelve Judges, whether that Act was not virtually repealed by 16 Geo. III. c. 30. The Judges decided that it was; in consequence of which the Defendant, at the ensuing Assizes, was discharged. 2 East's Pl. C. § 609. c. 30. No. XLIV. kept without the consent of the owner, or without being otherwise duly 16 Geo. III. authorised, or shall be aiding abetting or assisting therein or thereunto, every person so offending by coursing hunting shooting at or otherwise attempting to kill wound or destroy or by aiding therein or thereunto shall forfeit for every such offence the sum of twenty pounds; and every person so offending by killing wounding or destroying, or by taking in any slip noose toyle or snare, or by carrying away or by aiding therein respectively, shall for every deer so wounded killed destroyed taken or carried away forfeit and pay the sum of thirty pounds; and if the offender in any of the cases aforesaid shall be a keeper of or person in any manner entrusted with the custody or care of deer in the forest chase purlieu ancient walk or inclosed park paddock or wood or other inclosed place where the offence shall be committed, every such offender shall forfeit and pay double the penalty hereinbefore appointed to be paid by other offenders; and if any person or persons after having been convicted of any of the aforesaid offences shall offend a second time against this Act by committing any of the aforesaid offences, such second offence whether it be the same as the first offence or be any other of the aforesaid offences shall be deemed and adjudged to be felony, and the person guilty thereof being lawfully convicted upon indictment shall be transported to one of his Majesty's plantations in America for the space of seven years. II. And be it further enacted, That every person who hath been or before the commencement of this Act shall be convicted under any statute now in force, for unlawfully hunting coursing killing taking or carrystill liable to ing away any deer out of any forest chase purlieu ancient walk park padPenalties, &c. dock wood or inclosed ground, shall be subject and liable to the several pains and penalties by such statute provided, in like manner as if this Act had not been made; and in case any such offender shall after the commencement of this Act be guilty and convicted of any of the aforesaid offences against this Act (the legal proof of such first or former conviction having been first made), every such person shall be deemed and adjudged to have committed a second offence against this Act in like manner as if this Act had been in force at the time of such first conviction and as if such conviction had been made under the provisions of this Act. Persons convicted under former Acts, How Justices to proceed. Justices may to search. III. And to the intent that the prosecution of persons who shall 'offend a second time in manner aforesaid may be carried on with as little expence and trouble as is possible,' Be it further enacted, That the justice before whom any person shall after the commencement of this Act be convicted for the first time of any of the offences before described shall transmit such conviction under his hand and seal to the quarter session which next after such conviction shall be holden for the county riding division city town or place wherein such first offence shall be committed, there to be filed by the clerk of the peace and to be kept amongst the records of the peace; and such conviction so filed or a true copy thereof certified and subscribed by such clerk of the peace shall be sufficient evidence to prove the conviction of such first offence as aforesaid. IV. And be it further enacted, That it shall be lawful for any one grant Warrants justice of the peace upon complaint made to him on oath by any credible persons that there is reason to suspect any person or persons of having in his her or their custody or possession or in any dwelling-house outhouse yard garden or place any red or fallow-deer, which shall have been unlawfully killed, or the head skin or other part thereof, or any slip noose toyle snare or other engine for the unlawful taking of deer, by warrant under his hand and seal to cause such person and persons and such dwelling-house outhouse garden or place to be searched; and if any red or fallow-deer suspected to have been unlawfully killed, or the head skin or other part thereof, or any slip noose toyle snare or other engine suspected to be used for the unlawful taking or killing of deer shall be found in his her or their custody or possession, or in such dwellinghouse outhouse garden or place, to cause the same and such person or persons so having possession or in whose dwelling-house outhouse garden or other place the same shall be found to be brought before any justice of |