1844.

APPENDIX TO THE NEW GAME LAWS.

Who would ever have thought of looking to a TAX-act! for an alteration in the new Game Laws?— Yet see what follows:

By the 5th & 6th of Wil. IV., c. 20. sec. 21.—it is enacted — that, from and after the passing of that act, one moiety of such penalties as, by the act of 1 & 2 Wil. IV. c. 32., were directed to be paid wholly for the county-rate, shall now be paid one moiety to the informer; and the other moiety to the overseer (to be by him applied as in the former act directed). And that the form of conviction, so far as relates to the distribution of the penalty, shall be made conformably to the directions in THIS SUBSEQUENT ACT.

As a specimen of the trap in which magistrates have been caught, let me trouble myself and the reader, with the following quotation from the 2nd vol. of Meeson and Welsby's Reports

page 335

"In the case of Griffith v. Harries and another, it was held that a conviction for an offence against the former act, which directed the whole penalty to be paid to W. J. (one of the overseers of the poor of the parish, &c.) to be by him applied according to the directions of the statute in such case made and provided, was BAD (!) and that the justices who signed it were liable to an action, for false imprisonment, at the suit of the party convicted and committed to gaol for non-payment of the penalty."

By the 5th & 6th Wil. IV. cap. 20. sec. 20. indemnity is now given to persons prosecuting for offences committed against the former enactments; as, by this subsequent act, it appears that the person already informed against has no longer the power of turning informer.

By the 2 & 3 Vict. cap. 35. sec. 3. it was enacted that all Game Certificates which should be granted after the 5th day of July, 1840, should continue in force until and upon the 5th day of July next, after the time of issuing the same, and no longer.

And by the 4th sec., that from and after the passing of the said act it should be lawful for justices of the peace to hold, in their respective divisions or districts, a special session for the purpose of granting licenses to persons to deal in game, not only in the month of July, but also at any time, and from time to time, as often as they should think fit, after the said month of July in every year; and such licenses should continue in force from the granting thereof, until the first day of July then next following.

CONCLUDING CAUTION, AND RECOMMENDATION, JULY, 1844.

For sporting without a certificate the extreme penalties combined are

52 Geo. III. cap. 93. schedule L. old act (which may be mitigated to 107.)

1 & 2 Wil. IV. c. 32. sec. 23., new act

(which may be mitigated at pleasure of magistrates)

6 & 7 Wil. IV. cap. 65. sec. 8., surcharge, or double duty - 8 1 8 (no mitigation here)

Amounting, in all, to

33 1

8

A pretty "stiff" bill for shooting even a snipe without a license!!

N. B. While, for 4l. 1s. 10d. (including the collector's 1s. fee), any person (except at forbidden times of the year, and at prohibited hours) may, on his own property, or with leave of a proprietor, surround a whole covert with nets, and other engines of destruction; and sweep off cart-loads of game for the poulterers, who will scarcely deign to look at any game that has been shot, if they can obtain that which has been caught! and therefore sent perfectly clean for the market. And yet this is

still the law!! If I allowed catching game at all (save with dogs or hawking), I would have, at least, a 207. certificate; and, in failure thereof, not only the surcharge, but a penalty for every bird that was caught. This may, perhaps, annoy the gentleman who makes a trade of his game, and be giving no quarter to the poacher! But never mind that: the one can well afford the certificate: the other it would be a blessing to get rid of.

The preceding abstracts may perhaps be useful as a little directory to the principal Game Laws, in which most persons are liable to be concerned, and many of which are necessary to protect the rights and liberties of the people. But we could not have chosen a more insipid subject for the climax of a book, than any thing relating to Law. My reason, however, for having left this till the last article, of the present edition, is to reserve the power of entering any alteration that may hereafter take place in the Game Laws, without deranging the pages of my humble " Instructions to Young Sportsmen."

ADDENDA.

SINCE the foregoing sheets were worked off, there has passed a new Act (just printed), viz. — the

7 & 8 Vict. c. 29. "To extend an act of the 9 Geo. 4., for the more effectual prevention of persons going armed by night for the destruction of game." After reciting the said act 9 Geo. 4. (see p. 601.), the substance of this new act is to say, that the provisions of the old act had, of late years, been evaded and defeated by the destruction, by armed persons at night, of game, or rabbits, not upon open or inclosed lands, but upon public roads and highways, and other roads and paths leading through such lands; and also at the gates, outlets, and openings between such lands and roads; and it is now therefore enacted that all the pains, punishments, and forfeitures imposed by the said recited act upon persons by night unlawfully taking or destroying any game or rabbits in any land, open or inclosed, as therein set forth, shall be applicable to, and imposed upon, any person by night unlawfully taking or destroying any game, or rabbits, on any public road, highway or path, or the sides thereof, or at the openings, outlets, or gates from any such land into any such public road, highway or path, in the like manner as upon any such land open or inclosed; and it shall be lawful for the owner or occupier of any land adjoining either side of that part of such road, highway, or path, where the offender shall be, and the gamekeeper or servant of such owner or occupier and any person assisting such gamekeeper or servant and for all the persons authorized by the said act, to apprehend any offender against the provisions thereof to seize and apprehend any person offending against the said act, or this act; and the said act, and all the powers, provisions, authorities, and jurisdictions therein, or thereby contained or given, shall be as applicable for carrying this act into execution as if the same had been herein specially set forth.

JULY 13th, 1844.

COMMITTEE ON DOG-STEALING.

On the 9th inst. a motion in the House of Commons was made, by Mr. Liddell, for a Select Committee to inquire into the allegations of a petition to afford further protection against the depredations of dogstealers; and, on the 11th, the Committee was appointed. But I doubt if the result can be known before Mr. Spottiswoode has completed the printing of this edition. In the mean time, I have taken the liberty of forwarding to a friend who is on the Committee the following observations: - Although the Dog Bill is, by many persons, decried as a subject too trivial for legislation, yet it ceases to be so when we consider that the practice of dog-stealing has led to the establishment of an organised gang of thieves in the metropolis, and which, if suffered to continue, may lead to more serious consequences than the capture of poodles and lap-dogs. For this reason alone, therefore, (putting cruelty, and all good feeling for a faithful animal out of the question,) it becomes a matter of duty to pass an act that will put a stop to such a vile confederacy.