No. LIV. 58 Geo. III. c. 75. Penalties under this Act may be sued for to Prosecutor. or any other statute now in force, such discoverer shall be discharged of and from all pains forfeitures and penalties to which he may be and shall have become liable before and at the time of the making such discovery, by reason of the buying or selling or offering to sell or having unlaw fully in his possession any such game as aforesaid, any thing in any former statute contained to the contrary notwithstanding; and shall receive the same benefit and advantage as any other informer shall be entitled to by virtue of this Act for such discovery and information: Provided always, that nothing in this Act contained shall be held or construed to discharge such discoverer of or from any pains forfeitures or penalties, in respect whereof a prosecution shall be actually pending or a conviction or judgment shall have been had against him at the time of the making such discovery as aforesaid. III. And be it further enacted, That wheresoever any person shall for any offence to be committed against the provisions of this Act be liable or subject to any forfeiture or penalty upon conviction before any justhe sole Use of tice or justices magistrate or magistrates as aforesaid, it shall and may be lawful for any other person whatsoever either to proceed to recover the said forfeiture or penalty by information and conviction as aforesaid, or to sue for and recover the whole of such penalty for his own use by action of debt or on the case bill plaint or information in any of his Majesty's courts of record, wherein no essoign wager of law or more than one imparlance shall be allowed, and wherein the plaintiff if he recovers shall have his double costs; and that no part of the said penalty recovered in any such suit or action shall be paid or applied to or for the use of the poor of the parish wherein such offence shall be committed: Provided always, that no such action suit bill plaint or information shall be brought or exhibited but within the space of six calendar months next after the offence committed; and that in case of any second prosecution for one offence, the person doubly prosecuted may plead in his defence the former prosecution pending or the conviction or judgment thereupon had. c. 102. [ No. LV. ] 59 George III. c. 102.-An Act for further regulating the Appointment of Gamekeepers in Wales. -[12th July 1819.] 59 Geo. III. WHEREAS there are now several districts and lands within the principality of Wales which are not known to be comprehended within the boundaries of any manors lordships or royalties; and there are also several other districts and lands within the principality which formerly belonged to or formed part or parts of such manors lordships or royalties, but which have been alienated therefrom or enfranchised by the lord or lords for the time being of such manors lordships or royalties, and many of such districts and lands are very extensive: And whereas the owner or owners of such districts and lands cannot, nor can any other person or persons appoint any gamekeeper or other servant to kill game on such lands for the use of the owner or owners thereof, without subjecting such gamekeeper or other servant to the penalties imposed by divers Acts of Parliament made for the preservation of the game; which regulations and enactments have tended greatly to the encouragement of poachers and other idle and disorderly persons to destroy the game within such districts of the said principality: For remedy whereof it is expedient that it be enacted: 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 first day of August next it shall and sessing certain may be lawful to and for all and every persons and person being seised Property may in fee or as of freehold or otherwise beneficially entitled in his her or appoint Game- their own right of and in any lands situate and being within the said keepers. principality of the full and clear annual rent of five hundred pounds, and Persons pos not being within the bounds of any manor lordship or royalty, or being within the precinct or bounds of any manor lordship or royalty, shall have been or shall be enfranchised or alienated therefrom; or to appoint by any writing or writings under his her or their hand or hands a gamekeeper to preserve or to course hunt shoot at or kill game for the use of the person or persons who shall make such appointment, in over and upon such his her or their lands and in over and upon the lands of every other person or persons who shall by licence in writing under his her or their hand or hands authorize him her or them to appoint a gamekeeper or gamekeepers or other servant or servants to preserve course hunt shoot at or kill game in over and upon the lands of the person or persons not being within the bounds of any manor lordship or royalty so granting such licence. II. And be it further enacted, That every such gamekeeper having such appointment as aforesaid, during the continuance of such appointment shall not be made subject or liable to any penalties imposed by any former statutes of this realm for having any game in his or their custody or possession, or for coursing hunting shooting at or killing game on or upon any lands mentioned in his or their appointment or appointments, and whereon the person or persons making such appointment or appointments has or have any power licence or authority to make or grant any appointment or appointments by virtue of this Act: Provided always, that nothing herein contained shall extend or give or be construed to extend or give any power or authority to any person or persons to make or grant any such appointment or appointments licence or licences to course hunt shoot at or kill game in over or upon his her or their lands situate or being within the precinct or boundary of any manor lordship of royalty, unless such lands shall have been enfranchised or alienated therefrom, without the licence or consent in writing of the proprietor or proprietors of such manor lordship or royalty, having the right to pursue and kill game in upon or over such lands first had and obtained; and where in any existing lease or demise or agreement for demising any lands the lessor or lessors landlord or landlords thereof hath or have not reserved the right or power of hunting shooting or sporting, when no such appointment or appointments licence or licences shall be valid so as to authorize any such gamekeeper or gamekeepers servant or servants to enter upon any such lands to preserve course hunt shoot at or kill game thereon, without the consent in writing of the person or persons in the actual possession of such Jands first had and obtained. III. And whereas the manors lordships and royalties within the said principality are in many instances extremely extensive and comprehend very large tracts of country: And whereas by an Act passed in the ninth year of the reign of Queen Anne, intituled An Act for making the Act of the Fifth Year of her Majesty's Reign for the better Preservation of the Game perpetual, and for making the same more effectual, it is among other things enacted, that only one gamekeeper shall be appointed to kill game within any one manor: And whereas such restriction hath on account of the extent of the said manors lordships and royalties been found extremely inconvenient, and tended greatly to the destruction of the game within the said principality; be it enacted by the authority aforesaid, That the lords and ladies of such manors lordships and royalties and the stewards of the Crown for such manors lordships and royalties as appertain to his Majesty within the said principality shall be and they are hereby authorized respectively to nominate and appoint gamekeepers for such districts and divisions of their respective manors lordships and royalties as they shall think fit; and that each and every gamekeeper so appointed shall have the like powers privileges and authorities within such district or division as any gamekeeper appointed for the whole of a manor hath or would have by virtue of any Act now in force: Provided always, that nothing herein contained shall be construed to authorize the appointment of more than one gamekeeper for the same district or division, and that all appointments under this Act shall be registered with the clerk of the peace in like manner, and be subject to all other regu VOL. VII. No. LV. 59 Geo. III. c. 102. Gamekeepers not subject to Penalties under former Acts. Lords of extensive Manors may appoint Gamekeepers for Districts. No. LVI. 7&8 Geo.IV. c. 18. Persons granting Appointments may annul the same, and grant lations which are enacted with respect to the appointment of gamekeepers of manors by any Act now in force. IV. And be it further enacted, That it shall and may be lawful to and for all and every persons and person who shall or may grant or make any appointment or appointments licence or licences, by virtue of this Act, to revoke annul or render void all and every such consent appointments and appointment licences and licence, and to grant or make other consent or consents, appointments or licences in lieu thereof as often as to him her or them shall seem proper. others in lieu thereof. This Act not to extend to Persons killing Game without Certificate. Persons setting Proviso for Traps for destroying Vermin. Persons permitting Guns, Traps, &c., set by others to continue,deem ed to have set the same. Proviso for Guns, Traps, &c., set for the Protection of Dwelling Houses. Not to affect Proceedings already com. menced. Not to extend to Scotland. V. Provided always, That nothing herein contained shall extend or be construed to extend the protection of this Act to any person or persons killing game without a certificate taken out or purchased according to the provisions of the Act now in force respecting game certificates, or in any manner to affect the rights of his Majesty or his successors or of any other person or persons in to or over any manor lordship or royalty within the said principality. [ No. LVI.] 7 & 8 Geo. IV. c. 18.-An Act to prohibit the setting of Spring Guns Man Traps and other Engines calculated to destroy human Life, or inflict grievous bodily Harm.-[28th May 1827.] WHEREAS it is expedient to prohibit the setting of spring guns and man traps and other engines calculated to destroy human life, or inflict grievous bodily harm; Be it therefore enacted and declared 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, if any person shall set or place, or cause to be set or placed, any spring gun man trap or other engine calculated to destroy human life, or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser, or other person coming in contact therewith, the person so setting or placing, or causing to be so set or placed, such gun trap or engine as aforesaid, shall be guilty of a misdemeanor. II. Provided always and be it further enacted, That nothing herein contained shall extend to make it illegal to set any gin or trap such as may have been or may be usually set with the intent of destroying vermin. III. And be it further enacted and declared, That if any person shall knowingly and wilfully permit any such spring gun man trap or other engine as aforesaid, which may have been set fixed or left in any place then being in or afterwards coming into his or her possession or occupation, by some other person or persons, to continue so set or fixed, the person so permitting the same to continue shall be deemed to have set and fixed such gun trap or engine, with such intent as aforesaid. IV. Provided always, and be it further enacted, That nothing in this Act shall be deemed or construed to make it a misdemeanor, within the meaning of this Act, to set or cause to be set, or to be continued se1, from sunset to sunrise, any spring gun man trap or other engine which shall be set or caused or continued to be set in a dwelling-house for the protection thereof. V. Provided always, and it is hereby further enacted and declared, That nothing in this Act contained shall in any manner affect or authorize any proceedings in any civil or criminal court touching any matter or thing done or committed previous to the passing of this Act. VI. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to that part of the United Kingdom called Scotland. No. LVII. [No. LVII.] 9 Geo. IV. c. 69.-An Act for the more effec- 9 Geo. IV. tual Prevention of Persons going armed by Night for the Destruction of Game.-[19th July 1828.] WHEREAS an Act was passed in the fifty-seventh year of the reign of c. 69. Recited Act repealed. Persons taking or destroying Game by Night to be committed, for the first Offence, for three Months, and kept to hard Labour, and to find Sureties; his late Majesty King George the Third, intituled An Act for Pre- 57 G. 3. c. 90. vention of Persons going armed by Night for the Destruction of Game; and for repealing an Act made in the last Session of Parliament, relating to Rogues and Vagabonds: And whereas the practice of going out by night for the purpose of destroying game has nevertheless very much increased of late years, and has in very many instances led to the commission of murder, and of other grievous offences; and it is expedient to repeal the said recited Act, and to make more effectual provisions than now by law exist for repressing such practice: 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 the said recited Act shall be and the same is hereby repealed, except so far as the same repeals any other Acts; and if any person shall, after the passing of this Act, by night unlawfully take or destroy any game or rabbits in any land, whether open or inclosed, or shall by night unlawfully enter or be in any land, whether open or inclosed, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game, such offender shall, upon conviction thereof before two justices of the peace, be committed for the first offence to the common gaol or house of correction for any period not exceeding three calendar months, there to be kept to hard labour, and at the expiration of such period shall find sureties by recognizance, or in Scotland by bond of caution, himself in ten pounds, and two sureties in five pounds each, or one surety in ten pounds, for his not so offending again for the space of one year next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties are sooner found; and in case such person shall so offend a second time, and shall be thereof convicted before two justices of the peace, he shall be committed to the common gaol or house of correction for any period not exceeding six calendar months, there to be kept to hard labour, and at the expiration of such period shall find sureties by recognizance, or bond as aforesaid, himself in twenty pounds, and two sureties in ten pounds each, or one surety in twenty pounds, for his not so offending again for the space of two years next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of one year, unless such sureties are sooner found; and in case such person shall so offend a third time, he shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and in Scotland, if any person shall so offend a first, second or third time, he shall be liable to be punished in like manner as is hereby provided in each case. Second Offence, six Months, and kept to hard Labour, and to find Sureties; Third Offence, to be liable to Transportation. Owners or Occupiers of Land, Lords of Manors, or their Servants, may apprehend Offenders. II. And be it enacted, That where any person shall be found upon any land committing any such offence as is herein-before mentioned, it shall be lawful for the owner or occupier of such land, or for any person having a night or reputed right of free warren or free chase thereon, or for the lord of the manor or reputed manor wherein such land may be situate, and also for any gamekeeper or servant of any of the persons herein mentioned, or any person assisting such gamekeeper or servant, to seize and apprehend such offender upon such land, or in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him, as soon as may be, into the custody of a peace officer, in order to his being conveyed before two justices of the peace; and in case saulting or offering Violence deemed guilty of Misdemeanor, and liable to be transported for Seven Years, or imprisoned for Two Years. * S2 Offenders as No. LVII. 9 Geo. IV. c: 69. Power to issue a Warrant for Apprehension of Offenders. Limitation of Time for Proceedings under this Act. Form of Conviction. Appeal. such offender shall assault or offer any violence with any gun, crossbow, fire arms, bludgeon, stick, club, or any other offensive weapon whatsoever, towards any person hereby authorized to seize and apprehend him, he shall, whether it be his first second or other offence, be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and in Scotland, whenever any person shall so offend, he shall be liable to be punished in like manner. III. And be it further enacted, That where any person shall be charged on the oath of a credible witness, or in Scotland on the application of the procurator fiscal of court, before any justice of the peace, with any offence punishable upon summary conviction by virtue of this Act, the justice may issue his warrant for apprehending such person, and bringing him before two justices of the peace, to be dealt with according to law. IV. And be it enacted, That the prosecution for every offence punishable upon summary conviction by virtue of this Act shall be commenced within six calendar months after the commission of the offence; and the prosecution for every offence punishable upon indictment, or otherwise than upon summary conviction, by virtue of this Act, shall be commenced within twelve calendar months after the commission of such offence. V. And be it enacted, That the justices of the peace before whom any person shall be summarily convicted of any offence against this Act may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case may require; (that is to say), 6 BE it remembered, That on the in the year of our Lord at day of in the county of for riding, division, liberty, city, &c. as the case may be,] A. O. is convicted before is, [naming the justices,] two of his Majesty's justices of the peace for the said county, for riding, &c.] for that he the 'said A. O. did [specify the offence, and the time and place when and where 'the same was committed, as the case may be, and on a second conviction state the first conviction]; and we the said justices adjudge the said A. O. for his said offence to be imprisoned in the and there kept to 'hard labour for the period of and at the expiration of such 'period to find sureties, by recognizance, or bond of caution in Scotland, 'himself in the sum of ten pounds, and two sureties in the sum of five pounds each, or one surety in the sum of ten pounds, conditioned that 'he the said A. O. shall not so offend again for the space of one year 'next following; and we further adjudge the said A. O., in case he shall 'not find such sureties as aforesaid, to be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties 'shall be sooner found. Given under our hands, the day and year first ' above mentioned.' VI. And be it further enacted, That any person who shall think himself aggrieved by any such summary conviction may appeal to the next court of general or quarter sessions which shall be holden, not less than twelve days after the day of such conviction, for the county riding or division wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such con viction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or within such three days enter into a recognizance, or bond of caution in Scotland, with a sufficient surety, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be awarded by the court; and upon such notice being given, and such recognizance or bond being entered into, the justice before whom the same shall be entered into shall liberate such person if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such |