Hil. 12 Gen. 1. Ld. Raym. 1415. Stra. 66. Doug. 345. 1 Burr. 153. & Vide Rex v. Crowther, I Durnf. & Eaft's Rep. 127. where it was faid by the court," that there is no cafe in which it has been directly "decided that the evidence should negative every particular qualification. It cannot be fo from the "nature of the cafe." 8. In an action on the ftat. 5 Ann, c. 14. for keeping and ufing a dog to kill and destroy the game, not being qualified, the declaration must state what fort of dog the defendant kept and used. Reafon v. Lifle, C. B. Trin. 11 G. 2. Com. Rep. 576. 9. A declaration on the above ftatute ftating, that the defendant used a gun being an engine to kill and deflroy the game, without averring that he used it for the deftruction of the game, was held to be good after verdict; though it might have been different perhaps if this ambiguity had been affigned as fpecial cause of demurrer. Avery v. Hoole, Eaft. 18 G. 3. B. R., Corp. 825. 10. Debt on 8 G. 1. c. 19. for the penalty of 30/. for using a hound to destroy game. After verdict for the plaintiff, the judgment was arrested, for 5 Ann, c. 14. has not the word bound, and the words other engines come after nets, &c. and are applicable only to inanimate things. And this being a penal law cannot be extended. Hooker v. Wilks, 13 G. 2. Stra. 1126. day, the So a convic Sittings tion super See also three penalpramiffis for II. In an action of debt on the fame ftatute, to recover several penalties, for several offences committed on the fame plaintiff can only recover one penalty. Molton v. Cheefeley, after Eaft. Term, 28 G. 3. Efp. Caf. Ni. Pri. 1 Vef. 123. Cowp. 640. & 3 Durnf. & Eaft's Rep. 509. ties of five pounds each for killing three hares, where it appears that it was done at the fame time, is bad; for the statute does not give five pounds for every hare, it being all but one offence. Com Rep. 274. 12. If a perfon, not qualified to kill game, kills a pheafant, or game by accident, he cannot take it away, without fubjecting himfelf to the penalty for having game in his poffeffion. Ibid. 124. 13. A man was convicted of killing rabbits in a private warren, by inquifition taken before a justice of peace, and was fined 20s. a rabbit: but this inquifition was afterwards quafhed by the court, upon the ground that the juftice had no authority to fet a fine upon a man for fuch offence; for the ftat. 22 & 23 Car. 2. c. 25. J. 4. gives treble cofts and damages, but no fine and the ftat. 4 & 5 W. & M. c. 23. extends only to game, which cannot be extended to rabbits kept in a private warren. Rex v. Yaites, Hil. 8 & 9 W. 3. B. R. Ld. Raym. 151. : 14. To a conviction on the ftat. 5 Ann, c. 14. for keeping a lurcher to deftroy game, not being qualified, exception was taken that it did not fhew the defendant made use of the dog to destroy game; but this exception was not allowed; for the ftatute is in the disjunctive, keep or ufe, fo that the bare keeping a larcher is an offence. Rex v. Filer, Hil. 8 G. 1. Stra. 496. 15. But a conviction on the same statute, for keeping a gun, was quashed; for it was faid by the court, that a gun differs from nets and dogs, which can only be kept for an ill purpofe, and therefore B 2 a man This, and the following fection a man cannot be convicted for the bare keeping of a gun. Rex v. Gardner, Trin. 11 G. 2. Stra. 1098. 1 Wilf. 315. S. P. 16. A conviction on the like ftatute ftating, that the defendant did keep and ufe a gun to kill and deftroy the game, was held fufficient. Rex v. Thompson, Trin. 27 G. 3. K. B. 2 Durnf. & Eaft's Rep. 18. See alfo 6 Durnf. & Eafl's Rep. 177. 17. Two perfons cannot be convicted in feparate penalties under the above ftatute for using a greyhound to deftroy game, without being qualified, it being but one offence. The King v. P. Bleafdale and another, Trin. 32 G. 3 B. R. 4 Durnf. & Eaft's Rep. 809. See alfo Bull. N. P. 189. S. P. 18. If a conviction under the 31 G. 3. c. 21. f. 4. which enacts, that all convictions against that act may be made out "in the form, or to the effect following," (giving the form) contain all the substantial parts of that preferibed, it is good, though it alfo contain fomething more; for furplufage will not vitiate a conviction. The King v. J. Jeffreys, Trin. 32 G. 3. B. R. 4 Durnf. & Eaft's Rep. 767. 19. A certiorari was brought for removing a conviction upon the game laws, for the mere purpofe of pleading it in bar of an action brought for the fame offence, and not with any view of objecting to the conviction, the defendant having fubmitted to it and paid the penalty; but having applied to the justice of peace for a copy of the conviction, and being refufed, he had no other means of obtaining the fame but by certiorari: the profecutor however afterwards fet it down in the paper, and got it affirmed; and the queftion was, whether he was entitled to cofts? The court faid, that this was not a cafe within the intention of the act of parliament of 5 Ann, c. 14. f. 2, for this certiorari was not brought for vexation, nor to over-haul the conviction, but merely from neceffity; and therefore the profecutor was not entitled to his cofts upon affirmation of the conviction. Rex v. Midlam, Trin. 5 G. 3. B. R. 3 Burr. 1720. 20. An indictment for killing a hare was quafhed, this not being a matter indictable, the ftatute of. Ann appointing a fummary proceeding before juftices of the peace. Rex. v. Buck, Hil. 12 G. 1. Stra. 679. 21. By 10 G. 2. c. 32. f. 7. Any perfon who fhall be con"victed of unlawfully courfing, hunting, taking in toils, killing, "wounding, or taking away any red or fallow deer, in any open, or uninclosed foreft or chafe, where deer are usually kept, fhall, "during the continuance of the act 9 G. 1. c. 22., be guilty of a "fecond offence of the like nature, and fhall be thereof lawfully "convicted, upon indictment, or information, fuch perfon fhall "be tranfported for the space of seven years." are, by the 16 Geo. 3. c. 30. f. 27., respectively repealed. Sect. 9. "If any perfon armed fhall, during the continuance of the "faid act of 9 G. 1., come into any foreft, chase, or park, "wherein deer are ufually kept, with an intent to hunt, or take 66 away, away, any red or fallow deer, and fhall there unlawfully beat or "wound any keeper, or page of any fuch foreft, &c. their fer"vants, or affiftants, in the execution of his or their office, or "offices, and be thereof lawfully convicted, every fuch perfon "fhall be tranfported for feven years." Sect. 10. "If any perfon fhall in any year between the ift day "of June, and the ift day of October, by hays, tunnels, or other "nets, drive, and take any wild duck, teal, widgeon, or any other "water fowl, in any marshes, fens, or other places of refort for "wild fowl, and fhall be thereof convicted, he fhall be liable to "the fame penalties as by virtue of the 9 Ann, c. 25. he would "be liable to, if fuch offence was committed between the ift July, and it September." ftatutes, 22. By 2 G. 3. c. 19. "No perfon, after the 1st June 1762, See the two "fhall, upon any pretence whatfoever, take, kill, deftroy, carry, following "fell, buy, or have in his poffeffion, or ufe, any partridge, between which repeal "the 12th February and the 1ft September in any year; or any this act. "pheafant, between the 1ft February and it October in any year; or any heath fowl, commonly called black game, between 1ft "January and 20th Auguft in any year; or any groufe, com"monly called red game, between, ift December and 25th July in "any year." Sect. 2. "If any perfon fhall tranfgrefs this act in any of the afore"faid cafes, every fuch perfon fhall, for every partridge, pheafant, "heath fowl, or groufe fo taken, &c. forfeit five pounds to the "person who fhall inform or fue for the fame." peals that part of the 23. By 13 G. 3. c. 55. 1. "No perfon fhall, upon any pre- Sec. 13. of "tence whatsoever, wilfully take, kill, destroy, carry, fell, buy, this act re"or have in his poffeffion, or ufe, any heath fowl, commonly " called black game, between 10th December and 20th Auguft in "any year; nor any groufe, commonly called red game, between "10th December and 12th Auguft in any year; nor any buftard, "between 1ft March and 1ft September in any year." Sect. 2. "If any perfon fhall, in any of the cafes aforefaid, offend, contrary to the true intent and meaning of this act, he fhall "forfeit, and pay any fum of money not exceeding twenty "pounds, nor lefs than ten pounds; and for the fecond, and "every fubfequent offence, any fum of money not exceeding "thirty pounds, nor less than twenty pounds." 24. By 36 G. 3. c. 39. (after repealing part of the 2 G. 3. c. 19.) it is enacted, "That no perfon fhall, on any pretence "whatsoever, take, kill, destroy, carry, fell, buy, or have in his poffeffion, or use, any partridge, between 12th February and "14th September in any year; and if any perfon fhall tranfgrefs "this act in the case aforefaid, every such person fhall be liable "to the fame penalty as mentioned in the above recited act." 25. By 28 G. 2. c. 12. (after reciting 5 Ann, c. 14.) it is enacted, "That if any perfon whatfoever, whether qualified or "not qualified to kill game, fhall fell, expofe, or offer to fale, any "hare, pheasant, partridge, moor, heath game, or grouse, every B 3 "fuch 2G. 3. c. 19. which relates and groufe. theat! row! the provi fions of the JO G. 3. "fuch perfon fhall, for every fuch offence, be subject and liable "to the fame forfeitures, pains, and penalties as are inflicted by "the faid recited act upon higglers, &c. for buying, felling, or "offering of game to fale." Sect. 2. If any hare, &c. fhall be found in the shop, house, or "poffeffion of any poulterer, falesman, fifhmonger, cook, or "pastry-cook, the fame fhall be adjudged, deemed, and taken to "be an expofing thereof to fale." 26. By 5 G. 3. c. 14. f. o. "If any perfon fhall, from and after " 1st June 1765, wilfully and wrongfully, in the night time, en"ter into any warren or grounds lawfully used or kept for the "breeding or keeping of conies, although the fame be not in"clofed, and fhall take or kill, in the night time, any coney, "against the will of the owner or occupier thereof, or shall be "aiding and affifting therein, every fuch perfon fo offending fhall "and may be tranfported for feven years, or fuffer fuch other "leffer punishment, by whipping, fine, or imprisonment, as the "court, before whom fuch perfon fhall be tried, fhall in their dif"cretion award and direct.” Sect. 8. enacts, "That nothing in this act contained shall extend "to prevent any perfon from killing and deftroying, or from "taking and carrying away, in the day time, any conies that shall "be found on any fea or river banks, erected or to be erected for "the preservation of the adjoining lands from being overflowed, or upon any land within one furlong distance of such sea or "river banks; but that it fhall and may be lawful to and for any "perfon to enter upon any fuch banks or lands, within the county "of Lincoln, and to kill, destroy, take, and carry away, in the day "time, to his own ufe, any conies found thereon, he doing as "little damage as may be to the owner or tenant of fuch banks or "lands." By f. 5. of 27. By 13 G. 3. c. 80. (after reciting the 10 G. 3. c. 19.) it is this act all enacted, "That if any perfon fhall knowingly and wilfully kill, "take, or destroy any hare, pheafant, partridge, moor game, or "heath game, or ufe any gun, dog, fnare, net, or other engine, "with intent to kill, take, or deftroy any hare, &c. in the night, "that is to fay, between the hours of feven at night and fix in "the morning, from 12th October to 12th February; and between "the hours of nine at night and four in the morning, from 12th c. 19. are repealed. February to 12th October; every fuch perfon, being convicted "thereof, fhall forfeit and pay, for the first offence, any fum not "exceeding twenty pounds nor less than ten pounds; and for the "fecond offence, any fum not exceeding thirty pounds nor lefs than twenty pounds." Sect. 6. enacts, "That if any perfon fhall upon a Sunday, or on "Christmas-day, in the day time, knowingly and wilfully take, "kill, or destroy any hare, pheafant, partridge, heath game, or "moor game, or fhall upon a Sunday, or on Chriftmas-day, use “any gun, dog, net, or engine for taking, killing, or destroying any hare, &c. every fuch perfon, being convicted thereof, fhall "be "be fubject to the like forfeitures and penalties as are herein"before enacted to be inflicted for other offences against this " act." 28. By 25 G. 3. c. 50. f. 1. (after repealing the ftatute 24 G. 3. c. 43.) it is enacted, "That every person in Great Britain, who "fhall ufe any dog, gun, net, or other engine for the taking or "deftruction of game, not acting as a gamekeeper, under or by "virtue of a deputation or appointment duly registered, fhall an- Vide 31 G.3. "nually take out a certificate thereof; that every deputation or .21. "appointment of a gamekeeper, granted to any perfon by any "lord or lady of a manor in England or Wales, fhall be registered "with the clerk of the peace of the county, riding, or place in "which the faid manor lies, and the gamekeeper, fo appointed, "fhall annually take out a certificate thereof." Sect. 8. "If any perfon fhall ufe any greyhound, hound, pointer, "fetting dog, fpaniel, or other dog, or any gun, net, or other "engine for the taking or deftruction of any hare, pheasant, par"tridge, heath fowl, or groufe, or any other game what"foever, without having obtained fuch certificate, every fuch "perfon fhall forfeit and pay the fum of twenty pounds." Set. 9." If any perfon, to whom any deputation or appointment "of a gamekeeper shall have been or thall be granted as aforesaid, "fhall, for the space of twenty days next after fuch deputation "fhall thereafter be firft granted, neglect or refufe to regifter the "fame, and take out a certificate thereon, in the manner herein"before directed, every such person shall forfeit and pay the fum "of twenty pounds." (B) Prosecution; when, and how, and by whom tried. 14 Vin. 4. 1. BY 2G. 3. c. 19. /. 5. (after reciting the ftatute 8 G. 1. c. 19.) it is enacted, "That all pecuniary penalties under the faid "act may be fued for and recovered to the fole use of the profe"cutor; and if he recovers the fame by action or information, "he shall be entitled to double cofts." Sect. 6. "That no action or information shall be brought or ex "hibited, but within the space of fix months next after the mat"ter or thing done, for which the fame fhall be commenced or "exhibited as aforefaid." 2. By 2 G. 3. c. 29. (after reciting the ftatute 1 Jac. 1. c. 27.) it is enacted, "That if any perfon fhall fhoot at, with an intent "to kill, or fhall, by any means whatever, kill or take, with a "wilful intent to deftroy, any houfe dove or pigeon, and fhall be "thereof convicted before any juftice of the peace of the county "wherein any fuch offence fhall be committed, every perfon fo "offending fhall, for every fuch offence, forfeit and pay the fum "of twenty fhillings to the informer; and in cafe the money fhall "not be forthwith paid, the offender to be committed to gaol for 16 any B 4 |