FORGERY. See BANK-NOTES and BILLS OF FREEHOLD QUALIFICATION. See PARLIAMENT. * GAME. All lawyers agree, that the right of killing game is enjoyed by every class of men equally. The limitations and restraints that have at different times been introduced do not call this right in question. They were imposed for the protection of property, and to prevent the total destruction of the breed of game. The extreme rigour of the penalties in the old statutes seems to bear no proportion to the offence. Probably it was found necessary to check the excessive indulgence of a pastime which enticed the industrious to idleness, and which might, in some states of society, prove dangerous. At the present day, it is not necessary to do more than mention their dates. Statute 1427, cap. 109, "wilde fowles forbidden to be taken." -1457, cap. 84, "against destroying the nests of pa"tricks and plovers."-1457, cap. 88, "against de"stroying hares."-1474, cap. 60, specifies "the un"law of stealing of haulkes, houndes, pertrickes and "dukes.”—1474, cap. 61," of daes and raes, hunting “of deares, and taking of cunninges."-1503, cap. 69, "anent stealers of pikes, breakers of yards and dou"cats."-1535, cap. 13, "against breakers of dou"cats."-1535, cap. 14, against slaying hares."1551, cap. 9, "anent shooting with guns at deer and "wild fowl."-1555, cap. 51, "anent slaying of wild "beasts," &c.-1555, cap. 58, "anent stealing of hawks, hounds," &c.-1567, cap. 16, "anent slay 66 ing of hart, hynde," &c.-1581, cap. 123, " against "shooting wild beasts and fowls."-1587, cap. 59, "slayers of wilde beasts committes theft."-1594, cap. 210, "anent haning of the Kingis parkes and forrestes, "and encrease of wild fowl and vennison."-1597, cap. 266,"it is not leasum to slay deare, raes, hares, wilde "fouls or dowes." The only statutes of an old date that still continue in force, are those of 1427, cap. 104, and 1457, cap. 87, as to killing of wolves.-See Colquhoun v. Buchanan, 6. Aug. 1785. The present game laws of Scotland depend on the following statutes: The act 1707, cap. 13, is as follows: Our Sovereign Lady, with advice and consent of Parliament, does hereby strictly prohibit and discharge, in all time coming, the killing of muirfowls, from the first of March to the twenty of June, and partridges from the first of March to the twenty of August inclusive, under the penalty of twenty pounds Scots toties quoties, the half whereof to be given to the discoverer, and the other half to be at the disposal of the judge before whom the same shall be cognosced: And for the better preventing the killing of these fowls during the foresaid prohibited seasons, her Majesty, with advice foresaid, does strictly prohibit and discharge the selling, buying, or using of these fowls during the foresaid seasons within any burgh, village or private house within this kingdom, under the penalty foresaid, to be applied as above: As also, it is hereby discharged, That no common fowlers shall presume to hunt on any grounds without a subscribed warrant from the proprietors of the said grounds, under the penalty foresaid, besides forfeiting their dogs, guns and nets, to the apprehenders or discoverers: And it is hereby further provided, That no fowler, or any other person whatsoever, shall come within any heritor's ground, without leave asked and given by the heritor, with setting dogs and nets, for killing fowls by nets; and if any common fowler shall be found in any place with guns or nets, having no licence from any nobleman or heritor, they shall be sent abroad as recruits; as also, that no persons whatsoever shall shoot hares, under the foresaid penalty: And for the better executing of this law, her Majesty, with advice foresaid, appoints and ordains all sheriffs of shires, stewarts of stewartries, justices of peace, masters of the game, bailies of burghs or regalities, to put the same in due execution, under the penalty of one hundred pounds Scots; for which penalty, it is hereby declared, That the said judges shall be liable to the pursuer or complainer before the Lords of Session, upon an instrument taken by the said pursuer or complainer, that the judge applied to refused or delayed to cognosce the complaint according to law, and to decern in the terms of this act: And, lastly, her Majesty, with consent foresaid, does hereby ratify and approve all former acts made anent the game, except in so far as they are hereby innovate and altered by this present act. That part of the above statute which prohibits the shooting of hares under a penalty has been repealed by 48. of Geo. III. cap. 94. Legal Qualification. On this point, the original statute, 1600, cap. 23, is completely obsolete. But the statute 1621, cap. 31, "anent hunting and haulking," declares, "That no "man hunt nor haulk, at any time hereafter, who hath "not a plough of land in heritage, under the paine of "ane hundredth pounds. Ordains his Majesty to have "the one halfe of the penaltie of the contraveeners of "this present act, and the dilator to have the other "halfe of the said penaltie." This act was ratified by the subsequent act 1685, cap. 20. But this latter statute was merely temporary, and has never been in observance since the Union; so that the qualification depends on the act 1621 above recited. Limitation as to the Season. The statute 13. of Geo. III. cap. 54, "for the more "effectual preservation of the game in Scotland, and "for repealing and amending several of the laws now " in being relative thereto," declares, That every person who shall wilfully take, kill, destroy, carry, sell, buy, or have in his or her possession or use any muirfowl or tarmagan between the tenth day of December and the twelfth day of August in any year; or any heathfowl between the tenth day of December and the twentieth day of August in any year; or 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; shall, for every bird so taken, killed, destroyed, carried, sold, bought, found or used, forfeit and pay the sum of five pounds sterling; and in case of not paying the sum decreed within the space of ten days after cou viction after such sentence, shall suffer imprisonment for two months for each five pounds sterling thereof. II. Provided always, That nothing in this act shall extend to any pheasant or partridge which shall be taken at the seasons allowed by this act, and kept in any mew or breeding place. III. And be it further enacted, &c. That every person whatever not qualified to kill game in Scotland, who shall have in his or her custody, or carry, at any time of the year, upon any pretence whatsoever, any hares, partridges, pheasants, muirfowl, tarmagans, heathfowl, snipes or quails, without the leave or order of a person qualified to kill game in Scotland, for carrying such hares or other game, or for having the same in his or her custody, shall, for the first offence, forfeit and pay the sum of twenty shillings sterling, and for the second and every other subsequent offence the sum of forty shillings sterling: And in case of not paying the sum decreed within the space of ten days after conviction by a final judgment, shall suffer imprisonment for six weeks for the first offence, and for three months for the second and every other subsequent offence. IV. And be it enacted, &c. That every person who shall make muirburn, or set fire to any heath or muir in Scotland, from the eleventh day of April to the first day of November in any year, shall forfeit and pay the sum of forty shillings sterling for the first offence, five pounds sterling for the second offence, and ten pounds sterling for the third and every other subsequent offence: And in case of not paying the sum decreed within the space of ten days after conviction by a final judgment, shall suffer imprisonment for six weeks for the first offence, two months for the second, and three months for the third and every other subsequent of fence. V. And be it enacted, &c. That the tenant, possessor or occupier of the ground upon which such muirburn shall be |