person obtaining a licence under Destroying Eggs, &c.-Sect. 24. this act shall purchase or sell or If any person not having the right otherwise deal in game, as a li- of killing the game upon any land, censed dealer under this act, before nor having permission from the perhe shall obtain a certificate in ex- son having such right, shall wilfully change for a receipt as herein di- take out of the nest or destroy in rected, such person shall for every the nest upon such land the eggs of such offence forfeit the penalty of 201. any bird of game, or of any swan, Collectors to make out a List of wild duck, teal, or widgeon, or shall Licensed Dealers.-Sect. 20. Every knowingly have in his possession, collector is to make out a list of any such eggs so taken, every such persons who have obtained licences person shall, on conviction before to deal in game, and shall at all two justices, forfeit for every egg so seasonable hours produce such list taken or destroyed, or so found in to any person making verbal ap- his possession, such sum of money, plication to inspect the same, and not exceeding 5s. as to the said shall be entitled to demand and re-justices shall seem meet, together ceive for such inspection the sum of 1s. Proviso as to Partners.-Sect. 21. Persons being in partnership and carrying on their business in one house, shop, or stall only, shall not be obliged to take out more than one licence in any one year to authorize them to deal in game at such house, shop, or stall. Licences, when void.-Sect. 22. If any person licensed by virtue of this act to deal in game shall, during the period of such licence, be convicted of any offence against this act, such licence shall thereupon be null and void. with the costs of the conviction. Selling Game, without Licence, &c. Sect. 25. If any person not having obtained a game certificate (except such person be licensed to deal in game according to this act) shall sell or offer for sale any game to any person whatsoever; or if any person authorized to sell game under this act by virtue of a game certificate, shall sell or offer for sale any game to any person whatsoever, except a person licensed to deal in game according to this act; every such offender shall, on conviction of any such offence before two justices, forfeit for every head of game so sold or offered for sale such sum of money, not exceeding 21. as to the said justices shall seem meet, together with the costs of the conviction. Innkeepers.-Sect. 26. It shall be lawful for any innkeeper or tavernkeeper, without any such licence for dealing in game as aforesaid, to sell game for consumption in his own house, such game being procured from some person licensed to deal in game, and not otherwise. Penalty for killing Game, not having a Certificate.-Sect. 23. If any person shall kill or take any game, or use any dog, gun, or net, or other engine or instrument for the purpose of searching for or killing or taking game, such person not being authorized so to do for want of a game certificate, he shall, on conviction before two justices, forfeit for every such offence such sum of money, not exceeding 51. as to the said justices shall seem meet, together with the costs of the con- Buying from unlicensed Persons.— viction; provided always, that no Sect. 27. Any person, not being person so convicted shall by reason licensed to deal in game according thereof be exempted from any pen-to this act, buying game from any alty under any statute relating to person, except from a person ligame certificates, but that the pen-censed to deal in game according to alty imposed by this act shall be this act, or bona fide from a person deemed to be a cumulative penalty. affixing to the outside of the front of his house, shop, or stall, a board | licensed dealer in game from selling purporting to be the hoard of a any game which shall have been person licensed to deal in game, sent to him to be sold on account every such offender shall, on con- of any other licensed dealer in viction before two justices, forfeit game. for every head of game so bought such sum of money, not exceeding 51. as to the said justices shall seem meet, together with the costs of the conviction. Dealers buying from uncertificuted Persons. Sect. 28. Any person being licensed to deal in game buying or obtaining game from any person not authorized to sell game for want of a game certificate, or want of a licence to deal in game; or any person, being licensed to deal in game according to this act, selling or offering for sale any game at his house, shop, or stall, without such board being affixed to some part of the outside of the front of such house, shop, or stall, or shall affix such board to more than one house, shop, or stall, or sell any game at any other place than his house, shop, or stall where such board shall have been affixed; or any person not being licensed to deal in game according to this act assuming or pretending, by affixing such board, or by exhibiting any certificate, or by any other device or pretence, to be a person licensed to deal in game; every such offender, being convicted thereof before two justices, shall forfeit such sum of money, not exceeding 10l. as to the said justices shall seem meet, together with the costs of the conviction. Trespassing in the Day-time.-Sect. 30. Any person committing any trespass by entering or being in the day-time, upon any land in search or pursuit of game, such person shall, on conviction thereof before a justice, forfeit such sum of money, not exceeding 21. with the costs of the conviction; and any five or more persons committing together any trespass, by entering or being, in the day-time upon any land in search or pursuit of game, each shall, upor conviction thereof before a justice, forfeit not exceeding 51. together with the costs of the conviction : provided always, that any person, charged with any such trespass shall be at liberty to prove, by way of defence, any matter which would have been a defence to an action at law for such trespass; save and except that the leave of the occupier of the land shall not be a sufficient defence where the landlord or other person shall have the right of killing the game upon such land; but such landlord, or other person shall be deemed to be the legal occupier of such land, and that the lord or steward of the crown of any manor, lordship, or royalty, shall be deemed to be the legal occupier of the land of the wastes or commons within such manor, lordship, or royalty, or deputed manor, lordship, or roy Servants of Licensed Dealers.-alty. Sect. 29. Provided always, that the buying and selling of game by any person employed on the behalf of any licensed dealer in game, and acting in the usual course of his employment, and upon the premises where such dealing is carried on, shall be deemed to be a lawful buying and selling in every case where the same would have been lawful if transacted by such licensed dealer himself; provided also, that nothing herein contained shall prevent any Trespassers to quit the Land, &c.— Sect. 31. Where any person shall be found on any land, or upon any of his Majesty's forests, parks, chases, or warrens, in the day-time, in search or pursuit of game, it shall be lawful for any person having a right of killing the game upon such land, or for the occupier of the land, or for any gamekeeper or servant of either of them, or for any person authorized by either of them, or for the warden, ranger, verderer, forester, master Trespass in the King's Forests.Sect. 53. Any person committing any trespass, by entering or being, in the day-time, upon any of his Majesty's forests, parks, chases, or warrens, in search or pursuit of game, without being first duly authorized so to do, such person shall, on conviction thereof before a justice, forfeit such sum of money, not exceeding 21. as to the justice shall seem meet, together with the costs of the conviction. keeper, under-keeper, or other of 1 person so offending shall, upon being ficer of such forest, park, chase, or convicted thereof before two juswarren, to require the person so tices, forfeit not exceeding 51. tofound forthwith to quit the land, gether with the costs of the conand also to tell his Christian name,viction; which said penalty shall surname, and place of abode; and be in addition to any other penalty in case such person shall offend by to which any such person may be refusing to tell his real name or liable for any other offence against place of abode, or by wilfully con- this act. tinuing or returning upon the land, it shall be lawful for the party so requiring as aforesaid, and also for any person acting by his order and in his aid, to apprehend such offender, and to convey him before a justice, and such offender (whether so apprehended or not), upon being convicted of any such offence before a justice, shall forfeit such sum of money, not exceeding 5l. as to the convicting justice shall seem meet, together with the costs of the conviction: provided always, that no person so apprehended shall, on any pretence whatsoever, be detained for a longer period than twelve hours from the time of his apprehension until he shall be brought before some justice; and if he cannot be brought before a justice within such time, he shall be discharged, but may nevertheless be proceeded against for his offence by summons or warrant, according to the provisions hereinafter mentioned, as if no such apprehension had taken place. 32. Day-time.-Sect. 34. For the purposes of this act, the day-time shall be deemed to commence at the beginning of the last hour before sunrise, and to conclude at the expiration of the first hour after sunset. Persons hunting.-Sect. 35. Provided always, that the aforesaid provisions against trespassers shall not extend to any person hunting or coursing with hounds or greyhounds, and being in fresh pursuit of any deer, hare, or fox already started, nor to any person bona fide claiming and exercising any right of free warren or free chase, nor to any gamekeeper within the limits of any free warren or free chase, nor to any lord or any steward of the crown of any manor, lordship, or royalty. Penalty for using Violence.-Sect. Where five or more persons shall be found together on any land, or in any of his Majesty's forests, parks, chases, or warrens, in the day-time, in search or pursuit of game, any of such persons being armed with a gun, and such persons Game may be taken from Tresor any of them shall, by violence, passers.-Sect. 36. When any perintimidation, or menace, prevent or son shall be found by day or by endeavour to prevent any person night upon any land, or in any of authorized as hereinbefore mention- his Majesty's forests, parks, chases, ed from approaching, for the purpose or warrens, in search or pursuit of of requiring them to quit the land game, and shall have in his poswhereon they shall be so found or session any game, which shall apto tell their Christian name, sur-pear to have been recently killed, name, or place of abode respectively, it shall be lawful for any person as herein-before mentioned, every having the right of killing the game upon such land, by virtue of any | any person to give evidence touching reservation or otherwise, as herein any offence against this act; and if before mentioned, or for the occu- any person so summoned shall negpier of such land, or for any game-lect or refuse to appear at the time keeper or servant of either of them, and place appointed by such sum-> or for any officer as aforesaid of mons, and no reasonable excuse for such forest, park, chase, or warren, his absence shall be proved, or if or for any person acting by the or- any person appearing shall refuse der and in aid of any of the said to be examined on oath touching several persons, to demand from any such offence by the justice or the person so found such game in justices then and there present, his possession, and in case such every person so offending shall, on person shall not immediately de- conviction thereof before the said liver up such game, to seize and justice or justices, or any other justake the same from him, for the use tice or justices of the peace, forfeit of the person entitled to the game such sum of money, not exceeding upon such land, forest, park, chase, 51, as to the convicting justice or justices shall seem meet. or warren. Penalties,application of.-Sect. 37. Every penalty for any offence against this act (the application of which has not been already provided for) shall be paid to the overseer of the poor, or to some other officer (as the convicting justice or justices may direct) to be paid over to the use of the general rate of the county, riding, or division in which the offence was committed. Payment of Penalties, &c.-Sect. 38. The justice or justices by whom any person shall be summarily convicted and adjudged to pay any sum of money for any offence against this act, together with costs, may adjudge that such person shall pay the same either immediately or within such period as the said justice or justices shall think fit, and in default of payment at the time appointed, such person shall be imprisoned in the common goal or house of correction (with or without hard labour) as to the justice or justices shall seem meet, for any term not exceeding two calendar months where the amount to be paid, exclusive of costs, shall not amount to 5l. and for any term not exceeding three calendar months in any other case; the imprisonment to cease upon payment of the amount and costs. Witnesses. Sect. 40. It shall be lawful for any justice to summons Time for Proceedings, &c.—Sect. 41. The prosecution for every offence punishable upon summary conviction by virtue of this act, shall be commenced within three calendar months after the commission of the offence; and where any person shall be charged on the oath of a credible witness, with any such offence before a justice, the justice may summon the party charged to appear before himself, or any one or two justices of the peace; and if such party shall not appear accordingly, then (upon proof of the due service of the summons by delivering a copy thereof to the party, or by delivering such copy at the party's usual place of abode to some inmate thereat, and explaining the purport thereof to such inmate), the justice or justices may either proceed to hear and determine the case in the absence of the party, or may issue his or their warrant for apprehending and bringing such party before him or them, or the justice before whom the charge shall be made, may, if he shall have reason to suspect from information upon oath, that the party is likely to abscond, issue such warrant in the first instance, without any previous sum mons. Prosecutor.-Sect. 42. In any proceeding against any person under this act, it shall not be necessary to negative by evidence any certificate, | to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. licence, consent, authority, or other matter of exception or defence; but the party seeking to avail himself of any such certificate, licence, consent, authority, or other matter of exception or defence, shall be bound to prove the same. Sessions. Sect. 43. The justice or justices before whom any person shall be convicted of any offence punishable upon summary conviction under this act, shall transmit every such conviction to the next court of general quarter sessions of the peace, there to be kept by the proper officer among the records of the court. Appeal.-Sect. 44. Any person who shall think himself aggrieved by any summary conviction in pursuance of this act may appeal to the next general or quarter sessions, not less than twelve days after such conviction, provided that such person shall give to the complainant a written notice of such appeal, and of the cause and matter thereof, within three days after such conviction, 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 recognizance 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 hereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance 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 determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall deem meet, and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be dealt with and punished according Want of Form, &c.-Sect. 45. No summary conviction in pursuance of this act, or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into any of his Majesty's superior courts of records; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that it is founded on a conviction, and there be a good and valid conviction to sustain the same. Actions for Trespass, &c.—Sect. 46. But nothing in this act contained shall prevent any person from proceeding by way of civil action to recover damages for any trespass upon his land, whether committed in pursuit of game or otherwise, save and except that where any proceedings shall have been instituted under the provisions of this act against any person for any trespass, no action at law shall be maintainable for the same trespass by any person at whose instance or with whose concurrence or assent such proceedings shall have been instituted, but such proceedings shall be a bar to any such action and may be given in evidence under the general issue. Venue in Proceedings, &c.-Sect. 47. All actions and prosecutions to be commenced against any person for any thing done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise: and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this act and the special matter |