by and by force of the statute (15), an action hath accrued, &c. In an action on stat. 5 Ann. c. 14. for keeping and using a dog to kill game, it must be stated in the declaration what sort of dog it was. In an action on the stat. 9 Ann. c. 25. for exposing a hare to sale it is sufficient to allege, that the defendant, not being a person qualified in his own right to kill game, nor being entitled thereto under a person so qualified, had a hare in his possession; for, by s. 2. if a hare be found in the possession of such person, it shall be deemed an exposing to sale. But see Warneford v. Kendall, ante n. (11) as to the circumstances under which possession of game shall not be deemed an offence against this statute. A joint action may be maintained against several defendants, e. g. for keeping a lurcher to kill and destroy the game, and although the jury find a verdict for the plaintiff as to some of the defendants only, the plaintiff will be entitled to recover the penalty; for the action is founded on a tort, and not on a contract. Evidence. The plaintiff must prove that the defendant committed the act constituting the offence, and that the action was brought within the limited time'. It is not necessary for the plaintiff to give negative evidence of the want of the qualification in the defendant; for the proof of the fact c Reason v. Lisle, Comyn's R. 576 f See ante, p. 843. g Adm. in R. v. Stone, 1 East, 639. (15) Formerly, I believe, it was usual to say, "whereby and by force of the statutes;" but, in the case of E. of Clanricarde v. Stokes, 7 East, 516. the court were of opinion, that upon a supposition that it was necessary that the count should refer to the statute giving the remedy, for which it was admitted no express authority could be found, yet they thought, that in the case before the court, the stat. 2 G. 3. c. 19. alone gave the remedy, without reference either to the stat. 8 G. 1. or the stat. 26 G. 2. inasmuch as it gave the whole penalty to the informer, and not merely the other half in addition to the one half given by the stat. 8 G. 1. and consequently, that the declaration, concluding by reason whereof, and by force of the statute, was correct. having been committed by the defendant is sufficient to throw the onus upon him, of proving that he was qualified to do it. In convictions on the game laws, a different rule holds, and some, though slight, evidence of the want of qualification is required to be given by the prosecutor; but the better opinion seems to be, that the prosecutor ought not to be required to give such evidence; however, in R. v. Stone, 1 East, 639. the Court of King's Bench were equally divided on this point, Kenyon, C. J. and Grose, J. being of opinion, that the prosecutor ought to give such evidence, Lawrence, J. and Le Blanc, J. contra. During the period when part of the penalty was given to the poor of the parish', the name of the parish was matter of substance; but since the making the stat. 2 G. 3. c. 19. which gives the whole penalty to the informer, the name of the parish, stated in the declaration, is considered merely as a venue, and the plaintiff may prove the defendant guilty in any other parish within the county. V. Of the Duties made payable in respect of killing Game. By stat. 48 G. 3. c. 55. entitled (inter alia) an act for repealing the duties on game certificates, and granting new duties to be placed under the management of the commissioners of taxes, "Every person using any dog, gun, net, or other engine, for the purpose of taking or killing game, or any woodcock, snipe, quail, or landrail, or any conies in G. B.; if such person be a servant to a person charged in respect of such servant by this act, and shall use any dog, &c. for any of the before-mentioned purposes, upon a manor or royalty in England, Wales, or Berwick-on-Tweed, or Scotland, by virtue of a deputation or appointment duly registered or entered as gamekeeper, is charged with the annual sum of 17. 1s. (16) and if not a servant for whom the duties h Per Chambre, J. 1 Bos. & Pul. 307. i Clerk v. Taylor, Hertford Sum. Ass. 1800. per Kenyon, C. J. 3 Esp. N. P. C. 218. (16) Four shillings were added by stat. 52 Geo. 3. c. 93. on servants shall be charged, the annual sum of 37. 3s. (17); and every other person using any dog, &c. for any of the purposes before-mentioned, is chargeable with the annual sum of 31. 3s. with two exceptions only; 1. the taking woodcocks and snipes, with nets, and springes; and 2. the taking or destroying conies in warrens, or in any inclosed ground, or by any person in land in his occupation, either by himself or by his direction." These duties are to be paid to the collector of assessed taxes, for the place where party resides; and the collector is authorized to give a receipt, and to demand 1s. of the party for the same, over and above the duty, as a compensation for his trouble. The receipt being delivered to the clerk of the commissioners of the district, he will exchange it for a certificate, gratis. Gamekeepers, in whose behalf a receipt and certificate have been obtained by their masters, are not required to obtain a certificate for themselves; but it is provided that the certificate shall be void upon the revocation of the deputation, but the same may be renewed, for the remainder of the year, in behalf of the new gamekeeper. The same statute provides that unqualified persons shall not be protected by the certificate; and that the protection of gamekeeper's certificates shall not extend beyond the limits of the manor for which they are appointed. The following persons may demand the production of certificate, and permission to read or take a copy of it, viz. the assessor or collector of the parish where the party is using dog, &c.; commissioners of assessed taxes for the county, riding, division or place; lord, lady, or gamekeeper of the manor; inspector of taxes for the district; any person duly assessed to these duties for killing game; and, lastly, the owner, landlord, lessee, or occupier of the land. If certificate is not produced, then the party who has made the demand, may require the person using the dog, gun, &c. under a penalty of 20l. to declare his christian and surname, and place of residence, and parish or place in which he has been assessed; lastly, persons who use dogs, guns, &c. without having obtained certificate, are to pay the duty of 31. 3s. by way of surcharge, and a penalty of 20. By stat. 52 G. 3. c. 93. Sched. (L.) XIII. The penalties are recoverable before any two or more commissioners for the affairs of taxes, who shall give judgment for the penalty; or for such part thereof as the commissioners shall think proper to mitigate, not being less than one moiety. (17) Ten shillings and sixpence added to this and the following sum by stat. 52 Geo. 3. c. 93. By stat. 54 Geo. 3. c. 141. (27 July, 1814.) The duties and penalties contained in the schedule of the 52 Geo. 3. c. 93. relating to persons aiding or assisting or intending to aid or assist in the taking or killing of any game, or any woodcock, snipe, quail, landrail, or coney, shall, after the passing of this act, severally cease and determine; provided that the act of aiding and assisting as aforesaid, and in the said act mentioned, shall be done in the company or presence and for the use of another person who shall duly have obtained a certificate in his own right, according to the directions of the said act, and who therein shall by virtue of such certificate then and there use his own dog, gun, net, or other engine, for the taking or killing of such game, &c. and who shall not act therein by virtue of any deputation or appointment. CHAP. XXIV. IMPRISONMENT. 1. Of the Nature of the Action for false Imprisonment, and in what Cases it may be maintained. II. Statutes relating to the Action of false Imprisonment, 21 Jac. 1. c. 12-24 G. 2. c. 44. III. Of the Pleadings. I. Of the Nature of the Action for false Imprisonment, and in what Cases it may be maintained. FALSE imprisonment is a restraint on the liberty of the person without lawful cause; either by confinement in prison, stocks, house, &c. or even by forcibly detaining the party in the streets, against his will. For this injury an action of trespass vi et armis lies, usually termed an action for false imprisonment. In Buller's Nisi Prius, 22, it is said, that every imprisonment includes a battery, and it appears that Kenyon, C. J. was of this opinion in Oxley v. Flower and another, but this has been otherwise decided since, in Emmett v. Lyne, 1 Bos. & Pul. N. R. 255. and ante, p. 43. n.; the court observing, that it was absurd to contend that every imprisonment included a battery. An unlawful detention is a new caption, and may be declared on as such". An arrest on mesne process, which is not returned, is wrongful, and false imprisonment will lie against the sheriff; so if an officer of an inferior court does not return a Per Thorpe, C. J. 22 Ass. fo. 104. pl. 85. b Cro. Jac. 379. VOL. II. c 2 Rol. Abr. 563. pl. 9. |