The Sporting Dictionary, and Rural Repository, Volume 1 (of 2) / Of General Information upon Every Subject Appertaining to the Sports of the Field

by William Taplin

GAME LAWS

.—The laws framed for the PRESERVATION of THE GAME, are, by the different Acts of Parliament, during several successive reigns, become so truly voluminous, and in many instances thought so truly complex, that it is impracticable to reduce any moderate abridgement of the whole within the intentional limits of this Work. But as many of the former Acts (at least many of the clauses in those Acts) though unrepealed, are in practice almost obsolete, it is proposed (divested of legal tautology) to bring a review of the existing parts of the GAME LAWS as they now stand, and as they are now acted upon, into as concise a point of view as the subject will admit; and so perfectly free from ambiguity, as to be rendered perfectly clear to the most moderate comprehension: at least as much so, as can be expected upon LAWS, that, after all the refinement of CENTURIES, after all the investigation and deliberation of the different Legislatures, and the advantages derived also from the sage opinions of the most learned in THE LAW, are certainly less respected, and less effectual, than any other part of the code to be found in the statute books of this realm. Whether it is, that they are less understood, less palatable to those interested in their effect, or but feebly and partially executed, is a matter only to be ascertained by time, and such future arrangements as may probably take place.

Persons held legally qualified to kill game, must be in the full and undisputed possession of a FREEHOLD LANDED ESTATE, producing a clear 100l. per annum; or possessed of a lease, or leases, for ninety-nine years, or any longer term, of the clear yearly value of 150l. other than the heir apparent of an Esquire, or other person of higher degree. Esquires, as defined by LAW, are the younger sons of Noblemen, and their heirs male for ever: the four Esquires of the King's body: the eldest sons of Baronets, of Knights of the Bath, of Knights Bachelors, and their heirs male in the right line. A Justice of the Peace is also an Esquire for the time he is in the commission, but no longer.

Persons of higher degree than Esquires, are Colonels, Serjeants at Law, and Doctors in the three learned Professions; but neither Esquires, nor any of these, are qualified to kill game, unless they have the requisite estate mentioned; though their SONS are qualified without any estate. This, however unreasonable it may seem, has been fully decided to be the true construction of the Act. In addition to every necessary QUALIFICATION by ESTATE, according to the construction of all former Acts, it is enacted, by 25th George Third, c. 1. s. 2, That every person in Great Britain who shall use any dog, gun, net, or other engine, for the taking or destruction of game, shall every year, previously to his using the same, deliver in a paper, or account in writing, containing his name and place of abode, to the Clerk of the Peace of the county where he shall reside, (or his deputy,) and annually take out A CERTIFICATE of having so done, for which he is to pay THREE GUINEAS, and one shilling to the Clerk for his trouble in making out the same; which certificate shall bear date on the day whereon it is issued, and remain in force from thence until the first day of July then after, and no longer. Such certificate may be demanded by the unqualified as well as QUALIFIED; and if the Clerk of the Peace shall refuse to grant such certificate when demanded, he is liable to the penalty of TWENTY POUNDS.

Any person, qualified or unqualified, who shall be in pursuit of game, without having obtained such certificate, shall be liable to the penalty of TWENTY POUNDS. It is also provided in the said Act, That every person having obtained a certificate, who shall find any other person in pursuit of game also, it shall be lawful for him (after having produced his own certificate) to demand from such other person, the certificate to him issued of having conformed to the said Act; and on such demand, such person shall produce such certificate, and permit the same to be inspected; and on refusing to produce the same, and also refusing to give his Christian and Surname, and place of residence, or giving a false name or place of residence, he shall forfeit the sum of FIFTY POUNDS.

It is to be observed, that persons taking out A CERTIFICATE, who are not qualified by former Acts to KILL GAME, derive no privilege from their certificate so to do; but, nevertheless, remain liable to all the penalties of former acts, if informed against, and prosecuted to conviction. It, however, appears, upon the experience of the last seven years, that since the privilege of killing game has contributed so largely to the exigencies of the State, less litigation has prevailed upon the score of PRESERVATION. Indeed, there is now so little fear of an information, that almost every person having taken out a certificate, erroneously considers himself nominally entitled TO KILL; in full confirmation of which, the list of those who have obtained certificates in the different counties, may be inspected at the Stamp Office, upon the payment of one shilling, where will be found the names of hundreds who do not individually possess an independent TWENTY POUNDS per annum upon the face of THE GLOBE.

In all cases where the penalty does not exceed 20l. the Justice of Peace shall, upon information or complaint, summon the party and witnesses to appear, and proceed to hear and determine the matter in a summary way; and, upon due proof, by confession, or the oath of one witness, give judgment for the forfeiture; and issue his warrant for levying the same on offenders goods, and to sell them, if not redeemed within six days; rendering to the party what overplus there may happen to be; and if goods sufficient are not found to answer the PENALTY, the offender shall stand committed TO PRISON for six calendar months, unless the penalty be sooner paid. Any offender feeling himself aggrieved by such judgment, may, upon giving security, amounting to the value of the forfeiture, with the costs of affirmance, APPEAL to the next general Quarter Sessions, when it is to be heard and finally determined; and in case the judgment be affirmed, Sessions may award such costs incurred by appeal as to themselves shall seem meet. Justices may mitigate penalties; so that the reasonable charges of officers and informers for discovery and prosecution, be always allowed over and above mitigation, and so as the same does not reduce the penalty to less than a moiety, over and above the costs and charges.

Restrictions for killing GAME are as follow: No PARTRIDGE to be killed between the 12th of February and 1st of September, under a penalty of FIVE POUNDS. No PHEASANT between the 1st of February and 1st of October, under the like penalty. Grouse, or RED GAME, only from August 12th to December 10th. Heath fowl, or BLACK GAME, from August 20th to December 10th. Bustards from December 1st to March 1st. No time is limited for the killing of HARES, provided they are not illegally taken. No GAME whatever is to be killed or taken sooner than ONE HOUR before SUN RISING, or later than ONE HOUR after SUN SET, under a penalty of 5l. to the qualified or unqualified. Killing game on Sunday, or Christmas-day, liable to the same penalty as killing game during the night.

Any unqualified person exposing a HARE, PHEASANT, PARTRIDGE, or other game, to sale, is liable to a penalty of 5l. For selling a HARE, PHEASANT, PARTRIDGE, or other game, qualified or unqualified, 5l. If either are found in the shop, house, or possession of any POULTERER, SALESMAN, FISHMONGER, COOK or PASTRY-COOK, or of any person not qualified in his own right to KILL GAME, or entitled thereto under some person so qualified, it shall be deemed an exposing thereof to sale.

Unqualified persons using any engine to kill or destroy HARES, PHEASANTS, PARTRIDGES, or other game, liable to a penalty of 5l. as well as keeping and using GREYHOUNDS, SETTING DOGS, or any engines to kill or destroy HARES, PHEASANTS, PARTRIDGES, or other game, are liable to a penalty of 5l. The keeping or using being individually or jointly liable to the forfeiture of 5l. as well as for killing, so it should appear, from the plain construction of the Acts, that if the informations are separately laid, first for "keeping and using," and secondly "for KILLING," conviction must inevitably follow for both, if sufficient evidence is produced to confirm the offence. Informations must be laid within SIX CALENDAR MONTHS, before a Justice of Peace, or by action of debt, bill, plaint, or information. The whole penalty to be given to the informer, with double costs, if brought on in Westminster Hall. Summary conviction, half to the informer, and half to the poor. These are the penalties annexed to former Acts, independent of the Act respecting annual certificates to be taken out from the Clerk of the Peace, to KILL (or go in pursuit of) GAME; without which, incurs an additional penalty of 20l. to the unqualified, making the forfeiture 25l. and of 20l. to the QUALIFIED, who becomes only liable to that single penalty, for killing, or attempting to kill, game without the annual certificate so prescribed to be taken out.

A QUALIFIED PERSON cannot come upon another man's ground to KILL GAME, without being liable to an ACTION for trespass; and an unqualified person for trespassing, shall pay full costs: but if a person qualified to kill game, sustains an ACTION for trespass, and the damage shall be found under 40s. he shall in such case pay no more COSTS than DAMAGES; this being a most equitable construction, to prevent paltry and personal litigations. It has been decided by the highest legal authority, that any unqualified person may go out to beat hedges, bushes, and mark birds, in company with any qualified person, to see the game pursued and taken, without being liable to any penalty, provided he has no DOG, GUN, or ENGINE, of his own, individually, to assist in its destruction.

It would be unfair to conclude this subject, which has for centuries occasioned such a diversity of opinions amongst the SUPERIOR CLASSES, and diffused so much discontent amongst the lower, without submitting to both, a very EMPHATIC and literal extract from Judge Blackstone, in his comment upon the Forest Laws, in which he has this particular passage.

"From a simple principle, to which, though the Forest Laws are now mitigated, and by degrees grown entirely obsolete, yet, from this root has sprung a bastard-slip, known by the name of the Game Laws, now arrived to, and wantoning in, its highest vigour; both founded upon the same unreasonable notions of permanent property in wild creatures, and productive of the same tyranny; but with this difference, that the Forest Laws established only one MIGHTY HUNTER throughout the land; the Game Laws have raised a little Nimrod in every manor."