A Treatise of the Pleas of the Crown

noose, toyle, or snare, or by carrying away, or by aiding therein respectively, shall, for every deer so wounded, killed, destroyed, "taken or carried away, forfeit and pay the sum of thirty "pounds; and if the offender in any of the cases aforesaid shall "be a keeper of, or person in any manner entrusted with the "custody or care of deer, in the forest, chase, purlieu, ancient "walk, or inclosed park, paddock, or wood, or other inclosed place, where the offence shall be committed, every such of"fender shall forfeit and pay double the penalty herein-before "appointed to be paid by other offenders; and if any person or persons, after having been convicted of any of the aforesaid offences, shall offend a second time against this act, by com"mitting any of the aforesaid offences, such second offence, "whether it be the same as the first offence, or be any other of "the aforesaid offences, shall be deemed and adjudged to be "felony, and the person guilty thereof, being lawfully convicted upon indictment, shall be transported to one of his majesty's plantations in America for the space of seven years."

victed under former acts,

Sect. 3. By 16 Geo. 3. c. 30. s. 2. it is further enacted, "That every person who hath been, or, before the commence- Persons con"ment of this act, shall be convicted under any statute now in "force, for unlawfully hunting, coursing, killing, taking, or carry- still liable to "ing away, any deer out of any forest, chase, purlieu, ancient penalties, &c. "walk, park, paddock, wood, or inclosed ground, shall be sub"ject and liable to the several pains and penalties by such sta"tute provided, in like manner as if this act had not been made; "and in case any such offender shall, after the commencement of "this act, be guilty and convicted of any of the aforesaid of"fences against this act (the legal proof of such first or former "conviction having been first made), every such person shall be "deemed and adjudged to have committed a second offence against this act, in like manner as if this act had been in force "at the time of such first conviction, and as if such conviction "had been made under the provisions of this act."

"To How justices

Sect. 4. By 16 Geo. 3. c. 30. s. 3. After RECITING, the intent that the prosecution of persons who shall offend a to proceed. second time in manner aforesaid, may be carried on with as little expense and trouble as is possible," it is further ENACTED, "That the justice before whom any person shall, after the commencement of this act, be convicted for the first time of any of "the offences before described, 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, division, city, town, or place, wherein such first offence shall be "committed, there to be filed by the clerk of the peace, and to "be kept amongst the records of the peace; and such convic❝tion so filed, or a true copy thereof certified and subscribed by "such clerk of the peace, shall be sufficient evidence to prove "the conviction of such first offence as aforesaid."

grant warrants

Sect. 5. By 16 Geo. 3. c. 30. s. 4. it is further enacted, Justices may "That it shall be lawful for any one justice of the peace, upon complaint made to him on oath by any credible person, that

"there

to search.

In case persons cannot be convicted, how justices to proceed.

"there is reason to suspect any person or persons of having in "his, her, or their custody or possession, or in any dwelling"house, out-house, yard, garden, or place, any red or fallow deer, "which shall have been unlawfully killed, or the head, skin, or "other part thereof, or any slip, noose, toyle, snare, or other engine, for the unlawful taking of deer, by warrant under his "hand and seal, to cause such person and persons, and such dwelling-house, out-house, garden, or place, to be searched; " and if any red or fallow deer suspected to have been unlaw"fully killed, or the head, skin, or other part thereof, or any slip, noose, toyle, snare, or other engine, suspected to be used for "the unlawful taking or killing of deer, shall be found in his, her, or their custody or possession, or in such dwelling-house, "out-house, garden, or place, to cause the same, and such person or persons so having possession, or in whose dwelling"house, out-house, garden, or other place, the same shall be found, to be brought before any justice of the peace having jurisdiction; and if such person or persons shall not produce "before such justice the party of whom he, she, or they received "the same, or satisfy such justice that he, she, or they came lawfully by such deer, or the head, skin, or other part thereof, or "had a lawful occasion for such slip, noose, toyle, snare, or other "engine, or did not keep the same for any unlawful purpose, "then every such person shall forfeit any sum not exceeding thirty pounds, nor less than ten pounds, at the discretion of "such justice."

Sect. 6. By 16 Geo. 3. c. 30. s. 5. it is further enacted, "That if any red or fallow deer, suspected to have been unlaw"fully killed, or the head, skin, or other part of such deer shall, on a search under a warrant from any justice of the peace, be "found in the possession or custody of any person or persons, "or in any dwelling-house, out-house, garden, or other place, or "shall be proved to have been in the possession, house, out"house, garden, or place, of any person or persons who may be justly suspected to have come dishonestly or unlawfully by the "same as aforesaid; and such person or persons so in possession, or the owner or occupier of such dwelling-house, outhouse, garden, or other place, shall not, under the provisions "aforesaid, be liable to conviction; then, and in every such case, "for the discovery of the party or parties who actually killed or "stole such deer, it shall and may be lawful to and for any jus"tice of the peace having jurisdiction, as the evidence given and "the circumstances of the case shall require, to summon before him, at his discretion, every person through whose hands such deer, or the head, skin, or other part thereof so found, shall appear to have passed; and if the person and persons from "whom such deer, or the head, skin, or other part thereof, shall

appear to have been first received, or who having had pos"session thereof, shall not give proof, to the satisfaction of such "justice, that he, she, or they came lawfully by the same, such person or persons shall, on every conviction, forfeit and pay any "sum not exceeding thirty pounds, nor less than ten pounds, at "the discretion of such justice."

+ Sect.

+ Sect. 7. By 16 Geo. 3. c. 30. s. 6. it is further enacted, Suspected That in case it shall appear, on the oath of a credible witness, persons, &c. " that any person or persons hath or have had in his, her, or their possession, house, out-house, garden, or place, any red or fal"low deer, or the skin, head, or other part thereof, and shall be "reasonably suspected to have come dishonestly or unlawfully "thereby, then, and in every such case, every such person or "persons, and all other persons through whose hands the same "shall appear to have passed under the like suspicion, shall and "may be proceeded against in like manner and form, and on "conviction shall be subject and liable to the same penalty or "penalties, as if such deer, or the head, skin, or other part thereof, had been found in the possession, house, out-house, "garden, or place, of such person or persons, upon a search "made under and by virtue of any such warrant as aforesaid."

Sect. 8. By 16 Geo. 3. c. 30. s. 7. it is further enacted, Penalty on "That in case any person or persons shall set, lay, or use, any setting nets, "net, wire, slip, noose, toyle, or other engine, for the purpose of

taking or killing deer, within or upon any forest, chase, purlieu, or ancient walk, or in the ring, or outer fence or bank dividing the same from the adjoining lands; or in any inclosed "park, paddock, wood, or ground, where deer are, have been, " or shall be usually kept, such person or persons, not being the "owner of such forest, chase, purlieu, ancient walk, park, paddock, wood, or ground, or entrusted with the care of the deer "within the same, and shall be convicted of any of such offences, every such offender shall forfeit and pay, for the first offence, any sum not exceeding ten pounds, nor less than five pounds; "and if afterwards convicted of any of the offences last mentioned, shall, on every conviction after the first, forfeit and pay any sum not exceeding twenty pounds, nor less than ten "pounds; which said respective forfeitures shall be set at the "discretion of the justice or justices before whom the offender "or offenders shall be convicted of such first or further offence."

&c.

Sect. 9. By 16 Geo. 3. c. 30. s. 8. it is further enacted, Penalty on "That if any person or persons shall at any time wilfully pull pulling down "down or destroy, or cause to be wilfully pulled down, or de- pales, &c. "stroyed, the pale or pales, or any part of the walls of any "forest, chase, purlieu, ancient walk, park, paddock, wood, or "other ground, where any red or fallow deer shall be then kept, "without the consent of the owner or person chiefly entrusted " with the custody thereof, or being otherwise duly authorised, "every person so offending shall be subject unto the forfeiture " and penalty hereby inflicted for the first offence of killing of "any deer."

arms, &c.

Sect. 10. By 16 Geo. 3. c. 30. s. 9. it is further enacted, Penalty on "That if any person or persons carrying any gun, or other fire- carrying fire"arms, or any sword, staff, or other offensive weapon, shall come " into any forest, chase, purlieu, or ancient walk, or into any in"closed park, paddock, wood, or into any other ground where "deer are usually kept, be the same inclosed or not inclosed, with "an intent unlawfully to shoot at, course, or hunt, or to take in

"any

How justices to proceed on information of offences.

Penalties.

any slip, noose, toyle, snare, or other engine, or to kill, wound, destroy, or take away any red or fallow deer, it shall be lawful "for every ranger or keeper, or person entrusted with the care of "such deer, to seize and take from such person and persons, in "and upon such forest, chase, purlieu, ancient walk, park, pad"dock, wood, or other ground, to and for the use of the owner "thereof respectively, all such guns, fire-arms, slips, nooses, toyles, snares, or other engines, and all dogs there brought for coursing deer, in the same and like manner as the game-keepers "of manors are impowered by law, within their respective manors, "to seize and take dogs, nets, or other engines, in the custody of persons not qualified by the laws to keep the same; and if any "such person or persons shall there unlawfully beat or wound any ranger or keeper, or his or their servants or assistants, in the "execution of his or their office or offices, or shall attempt to rescue any person in the lawful custody of any such ranger, "keeper, servant, or assistant, every person so offending shall be "deemed and adjudged to be guilty of felony, and on being lawfully convicted on indictment, shall be transported to one of his majesty's plantations in America for the space of seven years.'

Sect. 11. By 16 Geo. 3. c. 30. s. 10. it is further enacted, "That, upon complaint or information upon oath, of any one or more credible witness or witnesses, before any one justice of "the peace having jurisdiction of any offence committed against "this act, it shall and may be lawful to and for such justice (except in such cases only where the justice is specially directed previously to summon the party before him) to cause the person or persons, who shall be charged by such complaint or in"formation, to be apprehended by warrant under the hand and "seal of such justice, and to be brought before him at such time " and place as shall be specified in and by such warrant, and there"upon such justice shall and may proceed to hear the matter of "such complaint or information, and to adjudge and determine "the same; and in such case where it is provided by this act that "the party complained of shall be summoned to appear, if the party so summoned shall not appear according to such summons, then, upon due proof made of the service of such summons, either personally, or by leaving the same at his dwelling"house, lodgings, or other usual place of abode, it shall be law"ful for the justice, before whom the party was so summoned to appear, to apprehend such party by warrant, and to proceed as "if no previous summons had been directed by this act."

Sect. 12. By 16 Geo. 3. c. 30. s. 11. it is further enacted, "That all the pecuniary penalties of this act shall be recoverable "before one or more justice or justices of the peace for the county or other division in which the offence shall be commit❝ted, on proof of the offence, by the oath of one or more credible witness or witnesses, or on confession of the offender; and "one moiety of each penalty shall belong to the king's majesty, "his heirs and successors, and be paid, for his and their use, into "the hands of such person or persons as the said justice or jus"tices shall direct, and the other moiety thereof shall belong and "be paid to the informer or informers prosecuting for the same;

" and

" and in case of non-payment thereof, with the charges incident "to the conviction, immediately upon the conviction, the said "penalty or penalties, and the charges incident, shall be levied by "distress and sale of the goods and chattels of every such offender, by warrant under the hand and seal or hands and seals of the "justice or justices before whom such conviction shall be made; "and for want of sufficient distress, the offender or offenders, ex"cept in such cases only where it is otherwise provided by this "act, shall be sent by the said justice or justices to the common "gaol of the county or place where the offence shall be committed "for the space of one whole year, without bail or mainprize, un"less the said penalty, and charges incident, shall be sooner paid."

Sect. 13. By 16 Geo. 3. c. 30. s. 12. And to the end, "That persons convicted of any of the offences for which pecu"niary penalties are inflicted by this act, may not, by flight or re"moval after conviction, evade imprisonment where such penal"ties shall not be paid on conviction, and sufficient distress can"not be found for raising such penalties;" it is further enacted, "That it shall and may be lawful for the justice or justices of "the peace, before whom any offender shall be convicted of having incurred any pecuniary penalty of this act, immediately "after such conviction, to order him or her into custody, in case "he or she shall not immediately pay the penalty due on such "conviction, during such time, not exceeding three days, as such justice or justices shall think proper to allow for return of the "warrant for raising the penalty by distress and sale as afore"said."

Sect. 14. By 16 Geo. 3. c. 30. s. 13. It is provided, "That Proviso. "if it shall appear to the satisfaction of such justice or justices, "either by the confession of the party convicted or otherwise, "that such party hath not goods or chattels sufficient whereon to levy the penalty or penalties so due, then, and in such case, the "said justice or justices shall and may, without issuing any war"rant of distress, proceed to commit the party so convicted, as if a warrant of distress had been issued, and a nulla bona returned "thereon."

Sect. 15. By 16 Geo. 3. c. 30. s. 14. It is also provided, Regulations "That if any person, committed for any first offence against this where security is given. "act, shall, before his commitment to prison, procure security to "be given by two sufficient sureties, to the satisfaction of the "justice or justices before whom he shall be so convicted, for

payment of the penalty or penalties incurred, with the charges “incident, within six days, inclusive of the day of conviction, “then, and in such case, it shall be lawful for such justice or "justices to accept such security, and upon non-payment thereof "at the time to be stipulated for that purpose, to cause the party "convicted, and his said sureties, to be apprehended by warrant "under his or their hand and seal, or hands and seals, and them "to commit to the common gaol of the county or place where the "offence was committed, for such space of time as the party con"victed was subject and liable to have been imprisoned in case

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A Treatise of the Pleas of the Crown: Or, A System of the ..., Volume 1