A BILL

ΤΟ

AMEND THE LAWS IN ENGLAND RELATIVE TO GAME.

Preamble-Time of Commencement of this Act.

Whereas it is expedient to repeal the Laws in that part of the United Kingdom called England, relative to Game, and to substitute other provisions in lieu thereof; 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 so much of a Statute made in the thirteenth year of the reign of King Richard the Second, as relates to such persons as shall not have or keep any Greyhound, Hound or other dog to hunt, and shall not use fyrets, heys, nets, hare pipes, cords, or other engines to take or destroy hares, conies or other gentlemen's Game; and so much of a Statute made in the twenty-second year of the reign of King Edward the Fourth, as relates to the having any mark or game of Swans; and an Act passed in the eleventh year of the reign of King Henry the Seventh, intituled, "An Act against taking of Feasaunts and Partridges;" and an Act passed in the nineteenth year of the same reign, intituled, "De Laqueis et Retibus Venantium;' and an Act passed in the fourteenth and fifteenth years of the reign of King Henry the Eighth, intituled, "An Act against tracing of Hares;" and an Act passed in the twenty-fifth year of the same reign, intituled, "An Act against Destruction of Wild Fowl;" and an Act passed in the thirty-third year of the same reign, intituled, " An Act concerning Cross Bows and Hand Guns;" and an Act passed in the twenty-third year of the reign of Queen Elizabeth, intituled, "An Act for the Preservation of Pheasants and Partridges;" and an Act passed in the second of the reign of King James the First, intituled, "An Act year for the better execution of the Intent and Meaning of former Statutes made against shooting in Guns, and for the Preservation of the Game of Pheasants and Partridges, and against the destroying of Hares with Hare Pipes, and tracing Hares in the Snow;" and an Act passed in the seventh year of the same reign, intituled, "An Act to prevent the Spoil of Corn and Grain by untimely hawking, and for the better Preservation of Pheasants and Partridges;" and an Act passed in the twenty-second and twenty-third years of the reign of King Charles the Second, intituled, "An Act for the better Preservation of the Game, and for securing Warrens not inclosed, and the several Fishings of this Realm;" and an Act passed in the fourth year of the reign of King William and Queen Mary, intituled, "An Act for the more easy Discovery and Conviction of such as shall destroy the Game of this Kingdom;" and an Act passed in the fifth year of the reign of Queen Anne, intituled, "An Act for the better Preservation of the Game;" and an Act passed in the ninth year of the same reign, 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;" and an Act passed in the eighth year of the reign of King George the First, intituled, "An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game;" and an Act passed in the tenth year of the reign of King George the Second, intituled, "An Act for continuing an Act for the more effectual punishing wicked and evildisposed 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 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 Hopbinds, contained in an Act passed in the Sixth year of his present Majesty's Reign; and for the more effectual Punishment of Persons 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 Chases, or beating or wounding Keepers or other Officers in Forests, Chases, or Parks, and for more effectually securing the breed of Wild Fowl;" and an Act passed in the twenty-sixth year of the same reign, intituled, "An Act to amend an Act made in the Eighth year of the reign of his late Majesty King George the First, intituled, 'An Act for the better recovery of the Penalties inflicted upon Persons who destroy the Game,' by enlarging the time within which Suits and Actions are to be brought by force of the said Act;" and an Act passed in the twenty-eighth year of the reign of King George the Second, intituled, "An Act to explain and amend a clause in an Act made in the fifth year of the reign of Queen Anne, intituled, 'An Act for the better Preservation of the Game,' in relation to the selling or offering to sale any Game;" and an Act passed in the second year of the reign of King George the Third, intituled, "An Act for the better Preservation of the Game in that part of Great Britain called England;" and an Act passed in the thirteenth year of the same reign, intituled, "An Act to explain and amend the several Laws now in being so far as the same relate to the preservation of the Moor or Hill Game;" and an Act passed in the same year of the same reign, intituled, "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;" and an Act passed in the thirty-ninth year of the same reign, intituled, “An Act for repealing two Acts passed in the Thirty-sixth year 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;" and an Act passed in the forty-third year of the same reign, intituled. "An Act for the better Preservation of Heath Fowl, commonly called Black Game, in the New Forest in the county of Southampton ;" and an Act passed in the forty-eighth year of the same reign, intituled, "An Act to repeal so much of an Act of

the first year of King James the First as relates to the Penalties on shooting at Hares; and also to repeal an Act of the Third year of King George the First, relating to Gamekeepers;" and an Act passed in the fiftieth year of the reign of King George the Third, intituled, “An Act for the better Preservation of Heath Fowl, commonly called Black Game, in the counties of Somerset and Devon;" and an Act passed in the fifty-eighth year of the same reign, intituled, "An Act for the more effectual Prevention of Offences connected with the unlawful Destruction and Sale of Game;" and an Act passed in the fifty-ninth year of the same reign, intituled, "An Act for further regulating the Appointment of Gamekeepers in Wales:" and all Acts continuing or perpetuating any of the Acts or parts of Acts hereinbefore referred to, so far only as relates to the continuing or perpetuating the same respectively, shall be and continue in force until and throughout the Thirty-first day of October in the present year, and shall from and after that day, as to that part of the United Kingdom called England, be repealed (except so far as any of the said Acts may repeal the whole or any part of any other Acts, and except as to any offences which may have been committed against any of the said Acts before or upon the said Thirty-first day, and as to any penalties which may have been incurred thereunder before or upon the said Thirty-first day, which offences shall be dealt with and punished, and the penalties recovered, as if this Act had not been made, and except as to any matters done by any persons under the authority of any of the said Acts before or upon the said Thirty-first day, with respect to whom every privilege and protection given by any of the said Ácts shall continue in force as if this Act had not been made;) and this Act shall commence and take effect (except as is hereinbefore excepted) on the first day of November in the present year.

What shall be deemed Game.

2. And be it Enacted, That the word "Game" shall for all the purposes of this Act be deemed to include Hares, Pheasants, Partridges, Grouse, Heath or Moor Game, Black Game, and Bustards; and that the words "Lord of a Manor, Lordship, or Royalty, or reputed Manor, Lordship, or Royalty," shall throughout this Act be deemed to include a Lady of the same respectively.

Days and Seasons during which Game shall not be killed.-Penalty for laying Poison to kill Game.

3. And be it Enacted, That if any Person whatsoever shall kill or take any Game, or use any Dog, Gun, Net or other engine or instrument for the purpose of killing or taking any Game, on a Sunday or Christmas day, such person shall, on conviction thereof before Two Justices of the Peace, forfeit and pay for every such offence, such sum of money, not exceeding Five pounds, as to the said Justices shall seem meet, together with the costs of the conviction; and if any person whatsoever shall kill or take any Partridge between the First day of February and the First day of September in any year, or any Pheasant between the First day of February and the First day of October in any year, or any Black Game, (except in the county of Somerset or Devon, or in the New Forest

in the county of Southampton,) between the Tenth day of December in any year and the Twentieth day of August in the succeeding year; or in the county of Somerset or Devon, or in the New Forest aforesaid, between the Tenth day of December in any year and the First day of September in the succeeding year, or any Grouse commonly called Red Game between the Tenth day of December in any year and the Twelfth day of August in the succeeding year, or any Bustard between the First day of March and the First day of September in any year, every such person shall, on conviction of any such offence before Two Justices of the Peace, forfeit and pay for every head of Game so killed or taken, such sum of money, not exceeding One pound, as to the said Justices shall seem meet, together with the costs of the conviction; and if any person, with intent to destroy or injure any Game, shall at any time put or cause to be put any poison or poisonous ingredient on any ground, whether open or enclosed, where Game usually resort, or in any highway, every such person shall, on conviction thereof before Two Justices of the Peace, forfeit and pay such sum of money, not exceeding Ten pounds, as to the said Justices shall seem meet, together with the costs of the conviction.

Possession of Game illegal after Ten days in Dealers, and Forty days in other Persons, from the expiration of the Season.

4. And be it Enacted, that if any Person licensed to deal in Game by virtue of this Act as hereinafter mentioned shall buy or sell, or knowingly have in his house, shop, stall, possession or controul, any bird of Game after the expiration of Ten days (one inclusive and the other exclusive) from the respective days in each year in which it shall become unlawful to kill or take such birds of Game respectively as aforesaid; or if any person, not being licensed to deal in Game by virtue of this Act, as hereinafter mentioned, shall buy or sell any bird of Game after the expiration of Ten days (one inclusive and the other exclusive) from the respective days in each years on which it shall become unlawful to kill or take such birds of Game respectively as aforesaid, or shall knowingly have in his house, possession or controul, any bird of Game (except birds of Game kept in a mew or breeding place) after the expiration of Forty days (one inclusive and the other exclusive) from the respective days in each year on which it shall become unlawful to kill or take such birds of Game respectively as aforesaid; every such person shall on conviction of any such offence before Two Justices of the Peace, forfeit and pay for every head of Game so bought or sold, or found in his house, shop, possession or controul, such sum of money, not exceeding One pound, as to the convicting Justices shall seem meet, together with the costs of the conviction.

This Act not to affect the existing Laws respecting Game Certificates.

5. And be it Enacted, That nothing in this Act contained shall in anywise affect or alter (except as hereinafter mentioned) any Act or Acts now in force by which any Persons using any dog, gun, net, or other engine for the purpose of taking or killing any Game whatever, or any woodcock, snipe, quail, or landrail, or any conies, are required to

obtain and have annual Game Certificates; but that all persons who before the commencement of this Act were required to obtain and have such Certificates, shall after the commencement of this Act be required from time to time to obtain and have the like Certificates; and all the powers, provisions and penalties contained in such Act or Acts shall continue in as full force and effect as if this Act had not been made; and that all regulations and provisions contained in any Act or Acts relative to Game Certificates, so far as they relate to Gamekeepers of manors and to the amount of duty for Game Certificates to be charged upon or in respect of Gamekeepers of manors in the cases specified in such Act or Acts, shall extend and apply to all Gamekeepers of lands appointed under this Act as fully and effectually as if they were Gamekeepers of manors and were expressly mentioned in and charged by such Act or Acts.

Every certificated Person may kill Game, subject to the law of Trespass. Proviso as to Gamekeepers.

6. And be it Declared and Enacted, That every Person who shall have obtained an annual Game Certificate shall be authorised to kill and take Game, subject always to an Action, or to such other proceedings as are hereinafter mentioned, for any Trespass by him committed in search or pursuit of Game: Provided always, That no Game Certificate on which a less duty than Three pounds Thirteen shillings and Sixpence is chargeable under the Acts relating to Game Certificates, shall authorize any Gamekeeper to kill or take any Game, or to use any dog, gun, net, or other engine or instrument for the purpose of killing or taking Game, except within the limits included in his appointment as Gamekeeper; but that in any case where such Gamekeeper shall kill or take any Game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking Game, beyond such limits as aforesaid, he may be proceeded against under this Act, or otherwise, in the same manner to all intents and purposes as if he had no Game Certificate whatsoever.

Under existing Leases the Landlord shall have the Game, except in certain Cases.

7. And be it enacted, that in all cases where any person shall occupy any land under any lease or agreement made previously to the passing of this Act, except in the cases hereinafter next excepted, the Lessor or Landlord shall have the right of entering upon such land, or of authorizing any other person or persons who shall have obtained an annual Game certificate to enter upon such land, for the purpose of killing or taking the Game thereon; and no person occupying any land under any Lease or Agreement, either for life or for years, made previously to the passing of this Act shall have the right to kill or take the Game on such land, except where the right of killing the Game upon such land has been expressly granted or allowed to such persons by such lease or agreement, or except where upon the original granting or renewal of such lease or agreement a fine or fines shall have been taken, or except where in the case of a term for years such lease or agreement shall have been made for a term exceeding twenty-one years.