No. I.

& 2 W. 4,

c. 32.

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 1 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, in- 26 G. 2, c. 2. tituled An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game,' by enlarging the Time within which Ŝuits 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 28 G. 2, c. 12. 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, 2 G. 3, c. 19. 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 13 G. 3, c. 55. 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, inti- 13 G. 3, c. 80. tuled 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 39 G. 3, c. 34. 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 43 G. 3, c. 112. 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 48 G. 3, c. 93. 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

59 G. 3, c. 102.

the fiftieth year of the reign of king George the third, intituled An Act 50 G. 3, c. 67. for the better Preservation of Heath Fowl, commonly called Black Game, in the Counties of Somerset and Devon; and an act passed in the fiftyeighth year of the same reign, intituled An Act for the more effectual 58 G. 3, c. 75. 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 the further Regulating the Appointment of Gamekeepers in Wales; and all acts continuing or perpetuating any of the acts or parts of acts herein-before 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 acts shall continue in force as if this act had not been made); and this act shall com- Commencemence and take effect (except as is herein-after excepted) on the first day ment of this of November in the present year.

act.

II. That the word "Game" shall, for all the purposes of this act, be What shall deemed to include hares, pheasants, partridges, grouse, heath or moor be deemed

game.

No. I.

1 & 2 W. 4.

c. 32.

Days and seasons during which game shall not be killed.

Penalty for laying poison to kill game.

Possession of game illegal after ten days in dealers, and forty days in other persons from the expiration of the

season.

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.

III. 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 inclosed, 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.

IV. That if any person licensed to deal in game by virtue of this act as herein-after 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 on 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 herein after 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 year 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 V. That nothing in this act contained shall in anywise affect or alter affect the exist- (except as herein-after mentioned) any act or acts now in force by which ing laws re- any person using any dog, gun, net, or other engine for the purpose of specting game taking or killing any game whatever, or any woodcock, snipe, quail, or certificates. 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

No. I.

c. 32.

commencement of this act be required from time to time to obtain and have the like certificates; and all the powers, provisions, and penalties 1 & 2 W. 4, 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.

VI. That every person who shall have obtained an annual game certi- Every certifificate shall be authorized to kill and take game, subject always to an cateď person action, or to such other proceedings as are herein-after mentioned, for may kill game, any trespass by him committed in search or pursuit of game: Provided subject to the always, That no game certificate on which a less duty than three pounds law of trespass. thirteen shillings and sixpence is chargeable under the acts relating to Proviso as to game certificates shall authorize any gamekeeper to kill or take any gamekeepers. 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.

VII. That in all cases where any person shall occupy any land under Under existing any lease or agreement made previously to the passing of this act, leases the landexcept in the cases herein-after next excepted, the lessor or landlord lord shall have shall have the right of entering upon such land, or of authorizing any the game, exother person or persons who shall have obtained an annual game certifi- cept in certain cate to enter upon such land, for the purpose of killing or taking the cases. 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 person 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.

VIII. Provided always, That nothing in this act contained shall au- This act not to thorize any person seised or possessed of or holding any land to kill or affect any extake the game, or to permit any other person to kill or take the game isting or future upon such land, in any case where, by any deed, grant, lease, or any agreements written or parol demise or contract, a right of entry upon such land for respecting the purpose of killing or taking the game hath been or hereafter shall be game, nor any reserved or retained by or given or allowed to any grantor, lessor, land- rights of lord, or other person whatsoever; nor shall any thing in this act con- manor, forest, chase, or tained defeat or diminish any reservation, exception, covenant, or agree- warren. ment already contained in any private act of parliament, deed, or other writing relating to the game upon any land, nor in any manner prejudice the rights of any lord or owner of any forest, chase, or warren, or of any lord of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, or of any steward of the crown of any manor, lordship, or royalty appertaining to his Majesty.

IX. Provided also, That nothing in this act contained shall in any This act not to way alter or affect the prerogative, rights, or privileges of his Majesty, affect any of his heirs or successors, nor the powers or authorities now vested in the his Majesty's forest rights, commissioners of his Majesty's woods forests, and land revenues, in or relating to any of his Majesty's forests, or the boundaries thereof, nor in or relating to the appointment of any stewards, gamekeepers, or other

&c.

No. I.

1 & 2 W. 4,

c. 32.

Nor to affect any cattle

of common.

officers of any of his Majesty's forests, parks, or chases, or of any hundred, honor, manor, or lordship being part of the possessions and land revenues of the crown, nor the rights, privileges, or immunities of any chief justice in eyre, or any warden, deputy warden, or lieutenant of any of his Majesty's forests, or any rangers, verderers, foresters, masterkeepers, under-keepers, or other officers of or in any such forests, parks, or chases, or of any person entitled to any right or privilege under them or any of them, nor the rights or privileges of any person holding under any grants, or purchases from the crown, nor give to any lord of any manor or manors within any forest or the boundaries thereof, nor to any other person whatsoever, any privileges, rights, or powers within any such forest, park, or chase, or the boundaries thereof, which he did not possess or to which he was not entitled before the passing of this act; but that all the aforesaid prerogatives, immunities, privileges, rights, and powers shall remain as if this act had not been made.

X. Provided also, That nothing herein contained shall be deemed to give to any owner of cattlegates or rights of common upon or over any gates or right wastes or commons any interest or privilege which such owner was not possessed of before the passing of this act, nor to authorize such owner of cattlegates or rights of common to pursue or kill the game found on such wastes or commons; and that nothing herein contained shall defeat or diminish the rights or privileges which any lord of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, or any steward of the crown of any manor, lordship, or royalty appertaining to Lord of manor his Majesty, may, before the passing of this act, have exercised in or over such wastes or commons; and that the lord or steward of the crown of every manor, lordship, or royalty, or reputed manor, lordship, or royalty, shall have the right to pursue and kill the game upon the wastes or commons within such manor, lordship, or royalty, or reputed manor, lordship, or royalty, and to authorize any other person or persons who shall have obtained an annual game certificate to enter upon such wastes or commons for the purpose of pursuing and killing the game thereon.

to have the

game on the wastes.

Landlord, hav

XI. That where the lessor or landlord shall have reserved to himself ing the game, the right of killing the game upon any land, it shall be lawful for him may authorize to authorize any other person or persons who shall have obtained an anothers to kill it. nual game certificate to enter upon such land for the purpose of pursuing and killing game thereon.

Where the landlord, &c. has the right to the game, in exclusion of

the occupier, the occupier shall be liable to a penalty for killing it.

Lords of ma

nors may ap point gamekeepers.

XII. That where the right of killing the game upon any land is by this act given to any lessor or landlord, in exclusion of the right of the occupier of such land, or where such exclusive right hath been or shall be specially reserved by or granted to, or doth or shall belong to, the lessor, landlord, or any person whatsoever other than the occupier of such land, then and in every such case, if the occupier of such land shall pursue, kill, or take any game upon such land, or shall give permission to any other person so to do, without the authority of the lessor, landlord, or other person having the right of killing the game upon such land, such occupier shall, on conviction thereof before two justices of the peace, forfeit and pay for such pursuit such sum of money not exceeding two pounds, and for every head of game so killed or taken such sum of money not exceeding one pound, as to the convicting justices shall seem meet, together with the costs of the conviction.

XIII. That it shall be lawful for any lord of a manor, lordship, or royalty, or reputed manor, lordship, or royalty, or any steward of the crown of any manor, lordship, or royalty appertaining to his Majesty, by writing under hand and seal, or in case of a body corporate, then under the seal of such body corporate, to appoint one or more person or persons as a gamekeeper or gamekeepers to preserve or kill the game within the limits of such manor, lordship, or royalty, or reputed manor, lordship, or royalty, for the use of such lord or steward thereof, and to authorize such gamekeeper or gamekeepers within the said limits to gamekeepers in seize and take for the use of such lord or steward all such dogs, nets, and other engines and instruments for the killing or taking of game as

Powers of

manors.

shall be used within the said limits by any person not authorized to kill game for want of a game certificate.

No. I.

1

& 2 W. 4,

c. 32.

XIV. That it shall be lawful for any lord of a manor, lordship, or royalty, or reputed manor, lordship, or royalty, or any steward of the crown of any manor, lordship, or royalty appertaining to his Majesty, to Lords of maappoint and depute any person whatever, whether acting as a game- nors may grant keeper to any other person or not, or whether retained and paid for as deputations. the male servant of any other person or not, to be a gamekeeper for any such manor, lordship, or royalty, or reputed manor, lordship, or royalty, or for such division or district of such manor, lordship, or royalty, as such lord or steward of the crown shall think fit, and to authorize such person, as gamekeeper, to kill game within the same for his own use, or for the use of any other person or persons who may be specified in such appointment or deputation, and also to give to such person all such powers and authorities as may by virtue of this act be given to any gamekeeper of a manor; and no person so appointed gamekeeper, and empowered to kill game for his own use, or for the use of any other person so specified as aforesaid, and not killing any game for the use of the lord or steward of the crown of the manor, lordship, or royalty, or reputed manor, lordship, or royalty, for which such deputation or appointment shall be given, shall be deemed to be, or shall be entered or paid for as, the gamekeeper or male servant of the lord or steward making such appointment or deputation, any thing in any act or acts contained to the contrary notwithstanding.

XV. That it shall be lawful for every person who shall be entitled to Regulations kill the game upon any lands in Wales of the clear annual value of five respecting aphundred pounds, whereof he shall be seised in fee or as of freehold, or pointment of to which he shall otherwise be beneficially entitled in his own right, if gamekeepers in such lands shall not be within the bounds of any manor, lordship, or Wales. royalty, or if, being within the same, they shall have been enfranchised or alienated therefrom, to appoint, by writing under his hand and seal, a gamekeeper or gamekeepers to preserve or kill the game over and upon such his lands, and also over and upon the lands in Wales of any other person who, being entitled to kill the game upon such last-mentioned lands, shall, by licence in writing, authorize him to appoint a gamekeeper or gamekeepers to preserve or kill the game thereupon, such last-mentioned lands not being within the bounds of any manor, lordship, or royalty, or having been enfranchised or alienated therefrom; and it shall be lawful for the person so appointing a gamekeeper or gamekeepers to authorize him or them to seize and take, for the use of the person so appointing, upon the lands of which he or they shall be appointed gamekeeper or gamekeepers, all such dogs, nets, and other engines and instruments for the killing or taking of game as shall be used upon the said lands by any person not authorized to kill game for want of a game certificate.

XVI. Provided always, That no appointment or deputation of any All appointperson as a gamekeeper by virtue of this act shall be valid unless and ments of gameuntil it shall be registered with the clerk of the peace for the county, keepers to be riding, division, liberty, franchise, city, or town wherein the manor, registered with lordship, or royalty, or reputed manor, lordship, or royalty, or the lands, the clerk of the shall be situate for or in respect of which such person shall have been peace. appointed gamekeeper; and in case the appointment of any person as gamekeeper shall expire or be revoked, by dismissal or otherwise, all powers and authorities given to him by virtue of this act shall immediately cease and determine.

sell

game to licensed

XVII. That every person who shall have obtained an annual Certificated game certificate shall have power to sell game to any person licensed to deal persons may in game, according to the provisions herein-after mentioned: Provided always, That no game certificate on which a less duty than three pounds dealers. thirteen shillings and sixpence is chargeable under the acts relating to game certificates shall authorize any gamekeeper to sell any game, except on the account and with the written authority of the master gamekeepers.

Proviso as to