No. XLIV. 16 Geo. III. c. 30. Prosecution within Twelve Months. Limitation of Actions. Commencement of this Act. Parts of various Statutes repealed. 13 Rich. 2. 19 Hen. 7. 5 Eliz. 3 Jac. 1. 7 Jac. 1. 13 Car. 2. XXV. And be it further enacted, That every prosecution for any of fence against this Act shall be commenced within twelve calendar months but not after from the time of the offence committed; and that such persons as shall be prosecuted under this Act for any of the offences aforesaid shall not be liable to prosecution for the same offences under any other Act of Parliament or in any court of attachment swainmote eyre or any forest court. XXVI. And be it further enacted, That all actions writs and prosecutions to be commenced against any person or persons for any thing to be done under or in pursuance of this Act shall be laid and tried in the county or place where the fact was committed, and shall be commenced within six calendar months after the fact committed and not otherwise. XXVII. And be it further enacted, That this Act shall commence and begin to be in force on the tenth day of June in the year of our Lord one thousand seven hundred and seventy-six: And from and immediately after the commencement thereof, so much of the thirteenth chapter of the first part of the statutes made in the thirteenth year of the reign of Richard the Second, as inflicts a penalty on those who shall use heys nets or other engines for destroying deer; so much of the eleventh chapter of the statutes made in the nineteenth year of the reign of King Henry the Seventh, as relates to deer; and also so much of an Act made in the fifth year of the reign of Queen Elizabeth, intituled · An Act for punishing of unlawful taking Fish Deer or Hawks,' as relates to deer; and also so much of an Act made in the third year of the reign of King James the First, intituled 'An Act against unlawful hunting and stealing of Deer and Conies,' as relates to deer; and also so much of an Act made in the seventh year of the reign of the said King James the First, intituled 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," as relates to deer, except such part thereof as repeals any part of the statutes of the third of James before-mentioned; and an Act made in the thirteenth year of the reign of King Charles the Second, intituled An Act to prevent the unlawful coursing hunting or killing of Deer;' as also an Act made in the third and fourth years of the reign of their late Majesties King William and Queen Mary, intituled An Act for the more effectual Discovery and Punishment of Deer Stealers,' and also an Act made in the fifth year of the reign of his late Majesty King George the First, intituled An Act for making more effectual an Act of 3 & 4 W. & M. the third and fourth years of the reign of King William and Queen Mary, intituled "An Act for the more effectual Discovery and Punishment of Deer Stealers;" and also so much of an Act made in the tenth year of the reign of his late Majesty King George the Second, intituled An Act for continuing an Act for the more effectual punishing wicked and evil-disposed persons going armed in disguise and doing injuries and violences to the persons and properties of his Majesty's subjects and for the more speedy bringing the offenders to justice, and for the continuing two clauses to prevent the cutting or breaking down the bank of any river or sea bank, and to prevent the malicious cutting of hop binds, contained in an Act passed in the sixth year of his present Majesty's reign, and for the more effectual punishment of per-ons removing any materials used for securing marsh or sea-walls or banks and of persons maliciously setting on fire any mine pit or delph of coal or cannel coal, and of persons unlawfully hunting or taking any red or fallow deer in forests or chaces, or beating or wounding keepers or other officers in forests chaces or parks; and for the more effectually securing the breed of wild fowl;' as relates to the second conviction of any person or persons for unlawfully coursing hunting taking in toyles killing wounding or taking away any red or fallow deer in any open cr uninclosed forest or chace or relates to beating or wounding keepers or other officers in forests chaces or parks, shall be and the same are hereby respectively repealed. 5 Geo. 1. 10 Geo. 2. . XXVIII. Provided always and be it further enacted, That nothing contained in this Act shall extend to that part of Great Britain called Scotland. c. 34. [ No. XLV. ] 39 Geo. III. c. 34. A. D. 1799.-An Act No. XLV. for repealing two Acts, passed in the Thirty-sixth Year 39 Geo. III. of the Reign of his present Majesty, which limit the Time for killing Partridges in England and Scotland; and for amending so much of an Act, passed in the Second Year of the Reign of his present Majesty, as relates to such Limitation within that Part of Great Britain called England, by making other provisions for that Purpose. c. 34. WHEREAS by an Act passed in the second year of the reign of his 39 George III. present Majesty, intituled "An Act for the better preservation of the Game in that Part of Great Britain called England;" it was amongst other things enacted, That no person or persons after the first day of June one thousand seven hundred and sixty-two should upon any pre⚫tence whatsoever take kill destroy carry sell buy or have in his her or their possession or use any partridge between the twelfth day of February and the first day of September in any year, under the penalty therein mentioned: And whereas by another Act passed in the thirty- 36 Geo.3.c.39. sixth year of the reign of his present Majesty for amending the said last-mentioned Act, the said restriction was repealed; and it was ' enacted, That from and after the passing of the said Act no person or persons should on any pretence whatsoever take kill destroy carry sell buy or have in his her or their possession or use any partridge between 'the twelfth day of February and the fourteenth day of September in any year, under the same penalty as by the said last-mentioned Act is im posed: And whereas by an Act passed in the thirteenth year of the 13 Geo.3.c.54. reign of his present Majesty, intituled "An Act for the more effectual preservation of the Game in that part of Great Britain called Scotland, and for repealing and amending several of the Laws now in being relative thereto;" it was amongst other things enacted, That every person who should wilfully take kill destroy carry sell buy or have in his or her possession or use any partridge between the first day of February and the first day of September in any year should be liable to the penalty therein mentioned: And whereas by another Act passed in the thirty- and 36 Geo. 3. sixth year of the reign of his present Majesty for amending the said c. 54. recited. last-mentioned Act, the said restriction was repealed; and it was enacted, That from and after the passing of the said Act every person <who should wilfully take kill destroy carry sell buy or have in his or • her possession or use within that part of Great Britain called Scotland any partridge between the first day of February and the fourteenth day of September in any year should be liable to the same penalties and forfeitures as by the said last-mentioned Act are imposed: And whereas it is expedient that the said Acts passed in the thirty-sixth year of the 36 Geo.3.c.39. reign of his present Majesty should be repealed, and that the said Act 54. repealed. of the second year of his present Majesty should be amended so far as respects the time so therein limited within that part of Great Britain called England, by making other provisions for that purpose; May it therefore 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 passing of this Act the said recited Acts passed in the thirtysixth year of the reign of his present Majesty shall be and the same are hereby declared to be repealed. II. And be it further enacted, That from and after the passing of this The Act Act so much of the said recited Act passed in the second year of the 2 Geo. 3. c. 19. reign of his present Majesty as relates to the taking killing destroying so far as relates using or having any partridge between the twelfth day of February and to taking, &c. Partridges between Feb. 12 and Sept. 1 repealed. No. XLV. the first day of September in any year shall be and the same is hereby declared to be repealed. 39 Geo. III. c. 34. Persons taking, &c. any Partridge between Feb. 1 and Sept. 1 liable to Penalties of 2 Geo. 3. c. 19. 39 & 40 Geo. 3. c. 50. Persons to the Number of Two or more found III. And be it further enacted, That from and after the passing of this Act no person or persons shall on any pretence whatsoever take kill destroy carry sell buy or have in his her or their possession or use any partridge within the kingdom of Great Britain between the first day of February and the first day of September in any year; and if any person or persons shall transgress this Act in the case aforesaid every such person shall be liable to the same penalty as by the said Act of the second year of the reign of his present Majesty is laid and imposed on any person or persons transgressing the same; such penalty to be imposed inflicted recovered applied and disposed of in such and the same manner and under such and the same rules regulations and restrictions as in and by the said Act is provided and directed with respect to the penalty thereby imposed on persons transgressing the said Act. [ No. XLVI. ] 39 & 40 George III. c. 50. A.D. 1800.— An Act to extend the Provisions of an Act made in the Seventeenth Year of the Reign of King George the Second, intituled "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction." WHEREAS idle and disorderly persons frequently assemble and associate themselves to support and assist each other in the destruction of Game in the night, and are if interrupted guilty of great violence by shooting maiming and beating to the great terror of his Majesty's subjects and to the encouragement of idleness and immorality; and such practices are found by experience to lead to the commission of Crimes and Felonies;' For the suppression thereof, may it therefore 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 presentParliament assembled, and by the authority of the same, That if any. persons to the number of two or more shall after the passing of this Act enter into or be found in any forest chase park wood plantation paddock field meadow or other open or inclosed ground in the night, that is to say in any Forest, between the hours of eight of the clock at night and six in the morningfrom the first day of October to the first day of February, or between the hours of ten at night and four in the morning from the first day of February to the first day of October in each and every year, having any gun net engine or other instrument for the purpose and with the intent to destroy take or kill or shall wilfully destroy take or kill any hare pheasant partridge heath fowl commonly called black game, or grouse commonly called red game, or any other game; or if any person or persons shall be found with any gun fire-arms bludgeon or with any other Weapons, may offensive weapon protecting aiding abetting or assisting any such persons be apprehended, as aforesaid, it shall and may be lawful to and for the ranger and rangers and on Convic- and to and for the owner and owners occupier and occupiers of any such tion before a forest chase park wood plantation paddock field meadow or other open or Justice shall be inclosed ground, and also for his her or their keeper and keepers servant deemed Rogues and servants, and also for any other person or persons to seize and apprehend or to assist in seizing and apprehending such offender or offenders by virtue of this Act, and by the authority of the same to convey and deliver such offender or offenders into the custody of a peace-officer, who is hereby authorised and directed to convey such offender or offenders before some one of his Majesty's justices of the peace for the county or place where such offence shall be alleged to have been committed; or in case such offender or offenders shall not be so apprehended, then it shall and may be lawful for any such justice on information before him &c. at the Times herein specified, having any Gun or Engine with Intent to kill or take Game, or Persons aiding with offensive and Vagabonds on the oath of any credible witness or witnesses to issue his warrant for the apprehension of such offender or offenders; and if upon the apprehension of any such offender or offenders it shall appear to such justice on the oath of any credible witness or witnesses that the person or persons so charged bath or have been guilty of any or either of the said offences, every such person shall be deemed and taken to be a rogue and a vagabond within the true intent and meaning of an Act made in the seventeenth year of the reign of King George the Second, intituled, An Act to amend and make more effectual the laws relating to Rogues and Vagabonds, and other idle and disorderly Persons, and to Houses of Correction, and shall suffer such pains and punishments as are directed to be inflicted by any law or statute in force and effect on rogues and vagabonds; and in case any person or persons being so convicted shall again offend against any of the provisions of this Act, such person or persons shall be deemed and taken to be an incorrigible rogue, and shall suffer such pains and punishments as by any law or statute in force and effect are directed to be inflicted on incorrigible rogues. [ No. XLVII. 1 42 George III. c. 107.-An Act more effectually to prevent the stealing of Deer. No. XLVI. 39 & 40 Geo. III. c. 50. WHEREAS it is expedient to make some further provision for pre- 42 Geo. III. venting the stealing of Deer and the punishment of Deer-stealers;' c. 107. Be it therefore enacted by the King's most excellent Majesty, by and Persons who with the advice and consent of the Lords Spiritual and Temporal and shall illegally Commons in this present Parliament assembled, and by the authority of hunt, snare, or the same, That from and after the passing of this Act, if any person or shoot, &c. persons shall wilfully course or hunt or take in any slip noose toil or Deer in any snare, or kill wound or destroy or shoot at or otherwise attempt to kill Inclosure, and wound or destroy, or shall carry away any red or fallow deer kept or their Abettors, being in the inclused part of any forest chase purlieu or ancient walk, or guilty of Feloany inclosed park paddock wood or other inclosed ground wherein deer ny, punishable are have been or shall be usually kept, without the consent of the owner by seven Years' of such deer or without being otherwise duly authorised, or shall know- Transportation. ingly be aiding abetting or assisting therein or thereunto, every person so wilfully offending as aforesaid in any of the cases above-mentioned shall be deemed and taken to be guilty of felony, and being lawfully convicted thereof upon indictment shall be adjudged to be transported for the term of seven years. Penalty on Persons committing such Offences in uninclosed Ground, 501. II. And be it further enacted, That from and after the passing of this Act, if any person shall wilfully course or hunt, or take in any slip noose toil or snare, or kill wound or destroy or shoot at or otherwise attempt to kill wound or destroy, or shall carry away any red or fallow deer kept or being in the uninclosed part of any forest chase purlieu or ancient walk, without the consent of the owner of such deer or without being other wise duly authorised, or shall knowingly be aiding abetting or assisting therein or thereunto, every person so offending shall for every such act of wilful coursing or hunting, and for every such attempt to kill wound or destroy, and for every deer so taken or killed wounded or destroyed or shot at or carried away as aforesaid, in or from any uninclosed part of any forest chase purlieu or ancient walk, forfeit and pay the sum of fifty pounds; and if the offender in any of the cases aforesaid shall be a keeper Keepers of of or person in any manner entrusted with the care or custody of deer in Deer, &c. ofthe forest chase purlieu or ancient walk wherein the offence shall be fending, shall committed, he shall for every such offence forfeit and pay double the forfeit double. penalty herein-before enacted to be paid by other offenders. III. And be it further enacted, That all powers provisions rules regu- Provisions of lations methods forms restrictions and all other matters and things 16 George 3. enacted prescribed appointed or contained in and by an Act of the Par- c. 30. extended liament of Great Britain, made in the sixteenth year of the reign of his to this Act. present Majesty, intituled, An Act more effectually to prevent the stealing of Deer; and to repeal several former statutes made for the · No. XLVII. ' like purpose,' for or concerning the seizing or apprehending and the conviction of persons offending against the said Act, and for or concerning 42 Geo. III. the recovery application and disposal of the penalties and forfeitures (c. 107. therein mentioned, and for or concerning the time and manner of appealing from convictions and of bringing actions or prosecutions against any person or persons for any thing done under or in pursuance of the said Act, and for or concerning the manner of pleading and other proceedings in such actions and the costs by the said Act given in certain cases, shall so far as the same respectively are applicable be in full force and effect, and be applied and made use of in seizing and apprehending and in convicting offenders against this Act, and in the recovery application and disposal of the penalties and forfeitures hereby imposed, and with respect to the time and manner of appealing from convictions and of bringing actions and prosecutions against any person for any thing done under or in pursuance of this Act, and with respect to the manner of pleading and other proceedings in such actions and the costs thereof, and for all other purposes to which such powers provisions rules regulations methods forms restrictions matters and things or any of them are applicable under this Act, as fully as if the same had been severally herein contained and set forth: Provided always, That in case of non-payment of any pecuniary penalty or forfeiture imposed by this Act with the charges incident to the conviction immediately on the conviction, and for want of sufficient distress of the goods and chattels of the offender or offenders, he and they shall be sent by the justice or justices before whom such conviction shall be made to the common gaol of the county riding or division city town or place where the offence was committed for six months, there to remain without bail or mainprize, unless the penalty and charges incident be sooner paid. In default of Payment of Penalties, Offenders may be committed for Six Months. Persons con victed of a se cond Offence, punishable by a pecuniary Pe. nalty shall be adjudged to be Felons, &c. Conviction for first Offences shall be trans. mitted to Quarter Sessions, and filed for Proof. So much of 16 Geo. 3. c. 30. (see § 1.) as inflicts Penalties for hunting or shooting Deer, &c. repealed. IV. And be it further enacted, That if any person or persons after having been duly convicted of any offence for which a pecuniary penalty or forfeiture is imposed either by this Act or by the said Act made in the sixteenth year of the reign of his present Majesty shall offend a second time by committing any offence against this Act, for which a pecuniary penalty or forfeiture is herein-before imposed, such second offence, whether it be the same offence as the first offence or be any other of the said offences, shall be deemed and taken to be a felon, and the person or persons guilty thereof being lawfully convicted upon indictment shall be adjudged to be transported for the term of seven years. V. And to the intent that the prosecution of persons who shall offend a 'second time may be carried on with as little expence and trouble as may be,' Be it further enacted, That the justice before whom any person shall be convicted for the first time of any offence against this Act, for which pecuniary penalty or forfeiture is imposed, 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 or division city town or place wherein such first offence was committed, there to be filed by the clerk of the peace or other proper officer and kept amongst the records of the court; and such conviction so filed or a true copy thereof certified by such clerk of the peace or other proper officer, or proved to be a true copy, shall be sufficient evidence to prove the conviction for such first offence as aforesaid. VI. And be it further enacted, That from and after the passing of this Act so much of the said Act made in the sixteenth year of the reign of his present Majesty as imposes or inflicts any penalty forfeiture or punishment on any person who shall hunt or course or take in any slip noose toil or snare, or kill wound or destroy or shoot at or otherwise attempt to kill wound or destroy, or carry away any fallow deer in any forest chase purlieu or ancient walk whether inclosed or not, or in any inclosed park paddock wood or other inclosed ground where deer were or had been or should be usually kept, without the consent of the owner or without being otherwise duly authorised, or who shall be aiding abetting or assisting therein, shall, with respect to the said offences committed after the passing of this Act, be and the same is hereby repealed. |