5 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 seize and take all such dogs, nets and other engines and instruments for the killing or taking of Game (except guns) as shall be used within the said limits by any person not authorized to kill Game for want of a Game Certificate; Provided always, That nothing in this Act contained shall authorize any Gamekeeper to enter upon any lands 10 within any manor, lordship or royalty, or reputed manor, lordship or royalty, against the will of the person or persons in the actual possession of such lands. And be it Enacted, That it shall be lawful for any Lord of a Manor, lordship or royalty, or reputed manor, lordship or royalty, or any 15 Steward of the Crown of any manor, lordship or royalty appertaining to His Majesty, to appoint and depute any person whatever, whether acting as a gamekeeper to any other person or not, or whether retained and paid for as the male servant of any other person or not, to be a Gamekeeper for any such manor, lordship or royalty, or reputed manor, 20 lordship or royalty, 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; 25 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 30 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. And be it Enacted, That it shall be lawful for every Person who 35 shall be entitled to kill the Game upon any lands, either as the occupier thereof or by virtue of any reservation or otherwise, as hereinbefore mentioned (such lands being of the clear annual value of Three hundred pounds, and lying together, or separated only by some road or water) to appoint by writing under his hand and seal a Gamekeeper or Game40 keepers to preserve or kill the Game over and upon such lands, and also over and upon any other lands where the person entitled to kill the Game upon such other lands, either as the occupier thereof or by virtue of any reservation or otherwise, as herein before mentioned, shall by license in writing authorize him to appoint a gamekeeper or gamekeepers to preserve or kill the Game thereon; and it shall be lawful for the person so appointing a gamekeeper or gamekeepers to authorize him or them to seize and take upon the lands of which he or they shall be 63. appointed A 4 All Appointments of to be registered with the Clerk of the Peace. appointed gamekeeper or gamekeepers all such dogs, nets, and other engines and instruments for the killing or taking of Game (except guns) as shall be used upon the said lands by any person not authorized to kill Game for want of a Game Certificate. 5 Provided always, and be it Enacted, That no Appointment or Gamekeepers deputation of any person as a Gamekeeper by virtue of this Act shall be valid, unless and until it shall be registered with the Clerk of the Peace for the county, riding, division, liberty, franchise, city or town 9 Anne, c. 25. wherein the manor, lordship or royalty, or reputed manor, lordship or royalty, or the lands shall be situate, for or in respect of which such 10 person shall have been 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. 3. 1. Certificated Persons may Proviso as Justices to hold a Special for granting Licenses to persons to deal in Game. And be it Enacted, That every Person who shall have obtained an 15 annual Game Certificate shall have power to sell Game to any person licensed to deal in Game, according to the provisions hereinafter mentioned: Provided always, That no Game Certificate on which a less duty than Three pounds Thirteen shillings and Sixpence is chargeable under the Acts relating to Game Certificates shall authorize any Gamekeeper to 20 sell any Game, except on the account or with the assent of the master whose gamekeeper he is; but that any such Gamekeeper selling any Game not on the account or with the assent of such master, may be proceeded against under this Act in the same manner to all intents and purposes as if he had no Game Certificate whatsoever. 25 And be it Enacted, That the Justices of the Peace of every county, Session yearly riding, division, liberty, franchise, city or town, shall hold a Special Session in the division or district for which they usually act, upon some day in the month of in the present year and in every succeeding year, for the purpose of granting Licenses to deal in Game, of the hold- 30 ing of which Session Ten days notice shall be given to each of the Justices acting for such division or district; and the majority of the Justices assembled at such Session, or at some Adjournment thereof, not being less than Two, are hereby authorized (if they shall think fit) to grant under their hands to any person being a householder or keeper 35 of a shop or stall within such division or district, a License according to the form in the Schedule (A.) annexed to this Act, empowering the person to whom such license shall be so granted, for the space of One year next after the granting thereof, to buy Game at any place from any person who may lawfully sell Game by virtue of this Act, and also to 40 sell the same at one house, shop or stall only, kept by him; provided that every Person, while so licensed to deal in Game as aforesaid, shall affix to some part of the outside of the front of his house, shop or "Licensed to stall, and shall there keep, a board having thereon in clear and legible characters his christian name and surname, together with the following words (that is to say)" Licensed to deal in Game." Form and duration of the License. Dealers in Game to put up a Board with the words deal in Game." And 5 And be it Enacted, That every Person who shall have obtained any License to deal in Game under the provisions of this Act shall annually and during the continuance of his license, and before he shall be empowered to deal in Game under such License, obtain a Certificate according to the form in the Schedule (B.) annexed to this Act, on payment of the duty of Two pounds, which is hereby granted and made payable to His Majesty for every such certificate, which certificate shall be in force for the same period as such license; and the said duty shall be paid to the Collector or Collectors of the Assessed Taxes for the parish, township or 10 place in which the person so licensed shall reside, in like manner as the dutics on Game Certificates are by law payable; and every Receipt to be given by any Collector receiving such duty shall be free of stamp duty, and shall be delivered to the person requiring the same on payment to the Collector of One shilling and no more over and above the said duty for the 15 certificate; and such Receipt shall be exchanged for a Certificate under this Act, in like manner as receipts for the duty in respect of killing Game are by law required to be exchanged for Game Certificates; and if any Person obtaining a license under this Act shall purchase or sell or otherwise deal in Game as a licensed dealer under this Act, before he shall 20 obtain a Certificate in exchange for a Receipt as herein directed, such person shall for every such offence forfeit and pay the penalty of Twenty pounds. 30 make out List of l'er obtained sons who have Licenses to deal in Game. Lists to be open to in. spection. Duties hereby levied in the granted to be same manner Acts relating as under the to Game Cer And be it Enacted, That the Collector or Collectors of the Assessed Collectors to Taxes in every parish, township or place wherein any person shall re25 side who shall have obtained such annual License and Certificate, shall, on or before the day of in each year make out a List, to be kept in his or their possession, containing the name and place of abode of every such person, and shall at all seasonable hours produce such list to any person making verbal application to inspect the same, and shall be entitled to demand and receive for such inspection the sum of One shilling; and the Duties hereby granted as aforesaid in respect of Certificates to be obtained by persons licensed to deal in Game shall be assessed, charged, raised, levied and collected by the respective Commissioners and Justices of the Peace, and the several other officers acting in the execution 35 of the several Acts relating to the Assessed Taxes, in the same manner and under the same rules regulations and provisions (except as herein varied) as the Duties on Game Certificates are by the said Acts directed to be assessed, charged, raised, levied and collected; and that the Penalty of Twenty pounds hereby imposed shall be sued for, recovered and levied 40 either in the district in which the offence shall be committed, or in the district in which the offender shall reside, and be applied in the same manner and under the same rules regulations and provisions as penalties on persons doing acts without payment of the Game Duty, or neglecting to obtain Game Certificates, are by the said Acts directed to be sued for, recovered, levied and applied, to all intents and purposes whatsoever as if such rules regulations and provisions were specially repeated and re-enacted in this Act. 63. B Provided Proviso as to Licenses to be void for any offence against this Act. Penalty on Persons killing Game without a Certificate. This Penalty to be cumulative. Penalty for unlawfully destroying or possessing the Eggs of Game, &c. 25 Hen. 8. c. 11. Provided always, and be it Enacted, That Persons being in Partnership, and carrying on their business at one house, shop or stall only, shall not be obliged by virtue of this Act to take out more than one License in any one year to authorize them to deal in Game at such house, shop or stall. And be it Enacted, That if any Person licensed by virtue of this Act to deal in Game, shall during the period of such license be convicted of any Offence whatever against this Act, such License shall thereupon become null and void. 5 And be it Enacted, That if any Person shall kill or take any Game, 10 or use any Dog, Gun, 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 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 15 said Justices shall seem meet, together with the costs of the conviction: Provided always, That no person so convicted shall by reason thereof be exempted from any Penalty or liability under any Statute or Statutes relating to Game Certificates, but that the penalty imposed by this Act shall be deemed to be a cumulative penalty. 20 And be it Enacted, That if any Person shall unlawfully and wilfully take out of the nest or destroy in the nest the Eggs of any bird of Game, or of any swan, wild duck, teal or widgeon, or shall unlawfully and wilfully have in his house, shop, possession or controul, the Eggs of any bird of Game, every such person shall, on conviction thereof before 25 2 Jac. 1. c. 27. two Justices of the Peace, forfeit and pay for every Egg so taken or destroyed, or so found in his house, shop, possession or controul, such sum of money, not exceeding Five shillings, as to the said Justices shall seem meet, together with the costs of the conviction. S. 2. Penalty on Persons selling Game without a License, and on certificated Persons selling Game to others than licensed Dealers. Penalty on And be it Enacted, That if any Person, not having obtained a Game 30 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 ac- 35 cording to this Act; every such offender shall, on conviction of any such offence before two Justices of the Peace, forfeit and pay for every head of Game so sold or offered for sale such sum of money, not exceeding Two pounds, as to the said Justices shall seem meet, together with the costs of the conviction. And be it Enacted, That if any Person, not being licensed to deal in Persons buy- Game according to this Act, shall buy any Game from any person ing Game, except from whatsoever, except from a person licensed to deal in Game according licensed Dealers. to this Act, or bonâ fide from a person affixing to the outside of the front of his house, shop or stall, a board purporting to be the board of a person 40 5 a person licensed to deal in Game, every such offender shall, on conviction thereof before two Justices of the Peace, forfeit and pay for every head of Game so bought, such sum of money, not exceeding Two pounds, as to the said Justices shall seem meet, together with the costs of the conviction. And be it Enacted, That if any Person, being licensed to deal in Game according to this Act, shall buy or obtain any Game from any person not authorized to sell Game for want of a Game Certificate; or if any person, being licensed to deal in Game according to this Act, shall 10 sell or offer for sale any Game at his house, shop or stall, without such board as aforesaid being affixed to some part of the outside of the front of such house, shop or stall, at the time of such selling or offering for sale, or shall affix or cause to be affixed such board to more than one house, shop or stall, or shall sell any Game at any place other than 15 his house, shop or stall where such board shall have been affixed; or if 20 any person, not being licensed to deal in Game according to this Act, shall assume or pretend, by affixing such board as aforesaid, 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 of the Peace, shall forfeit and pay such suin of money, not exceeding Ten pounds, as to the said Justices shall seem meet, together with the costs of the conviction. Provided always, and be it Enacted, That the buying and selling of Game by any person or persons employed on the behalf of any licensed 25 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. 30 Penalty on Dealers buying Game tificated licensed from uncer Persons, or otherwise offending. As to buying licensed Penalty on passing in the Persons tres day-time upon Lands in search of Game. AND whereas after the commencement of this Act, Game will become an article which may be legally bought and sold, and it is therefore just and reasonable to provide some more summary means than now by law exist for protecting the same from Trespassers; BE it therefore Enacted, That if any Person whatsoever shall commit any Trespass by entering or being in the day-time upon any land in search 35 or pursuit of Game, such person shall, on conviction thereof before a Justice of the Peace, forfeit and pay such sum of money, not exceeding Two pounds, as to the Justice shall seem meet, together with the costs of the conviction: Provided always, That any person charged Proviso. 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 and license of the Occupier of the land so trespassed upon shall not be a sufficient defence in any case where the Landlord, Lessor or other person shall have the right of killing the Game upon such land by virtue of any reservation or otherwise, as hereinbefore mentioned. 40 63. B 2 And |