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whatsoever, or to keep or use any greyhound, setting dogs, hayes, lurchers, guns, tunnels, or any other engine, to kill and destroy the game. Ibid.
And any person whatsoever, not qualified by the laws fo to do, or not being truly and properly a servant of any lord or lady of a manor, or not immediately employed and appointed to take and kill the game for the sole use or immediate benefit of the said lord or lady, who, under colour or pretence of any power or authority, deputation or qualification to him granted by any lord or lady of a manor, fhall take or kill any hare, pheasant, partridge, or other game whatsoever, or shall keep or use any greyhounds, fetting dogs, hayes, lurchers, guns, tunnels, or any other engine to kill and destroy the game, being thereof legally convicted shall, for every such offence, incur the penalty of sl. as aforesaid. Ibid.
All lords of manors or other royalties.] A lord of a hundred or wapentake, is not a lord of a royalty, within the meaning of the act ; and he cannot as such grant a deputation to a game-keeper; this was determined in the case of The earl of Ailesbury v. Pattison, Mic. 19 Geo. 3.
It was an action of debt against the defendant, under 5 Ann. c. 14, for killing game, not being qualified ; in which there was a verdi&t for the plaintiff, subject to the opinion of the court, on the following case, viz. “ William Mar« wood, esq. was the lord and chief bailiff of the liberty,
wapentake, or hundred of Langbourgh in the north riding “ of York; that he and his servants, and the servants of those “ under whom he claimed, had used to kill game on the “ manor of Whorleton, which is within the said wapentake, “ and also on all the rest of the wapentake ; that the plain« tiff was lord of the manor of W horleton, and had usually " appointed a game-keeper within the faid manor for the “ purpose of preserving the game; that the said William “ Marwood, as lord and chief bailiff of the said wapentake, “ granted a deputation in the common form to the defen« dant (his menial servant), who was killing game at the “ time in the declaration mentioned, and did kill one grouse " within the manor of Whorleton for the laid William Mar« wood, by his order, and for his immediate use; that the
deputation was duly registered with the clerk of the peace; « that the said William Marwood had granted no deputa- . « tion before that given to the defendant:" the question for the opinion of the court upon this case, was, IV hether the defendant had any right or authority to kill game upon the manor of Whorleton ? For the plaintiff, it was in substance contended, that the words or other royalties, were synonymous to, and must mean royalties of the fame nature as
manors; that honours, baronies, seigniories and fees, are words applied in different parts of England to the same fort of property as manors, one of them generally comprehenda ing several or many manors; but that the lord of a wapentake or hundred was to be considered only as lord of the hundred court, or court leet; that it would not be argued, that a sheriff could grant such a deputation for his county; and if not, how could a lord of a hundred or wapentake, which is only part of the county, and taken out of it? that if this deputation were sustained, there would be two game-keepers in the same manor, for that lord
tilefbury had appointed one, which he had a right to do; and that by 9 Ann. only one game-keeper could be appointed within any one manor; that as to the usage Itated in the case, that might be evidence of a prescriptive free warren, so as to excuse the trespass, but it could not enable Mr. Marwood to depute another to kill game. For the defendant, it was argued, that all wapentakes were originally in the crown, and must be derived from it, and that courts are incident to them as to manors; that they therefore are properly royalties, and included in the words or other royalties, but by Ld. Mansfield, In the ftatute of Car. 2, the words other royalties are used, but that must mean royalties of the same nature with manors; if royalties of 2 higher mature had been meant, the statute would have begun with them; and the reason why this word was used in the act of Car. 2, was, because fuck royalties go by different names, in different parts of the kingilom; as honours, baronies, fees, and the like.— Judgment for the plaintiff. i Doug. 8vo. edit. 28.
Although a game-keeper is restricted from killing game out of the limits of the manor for which he is appointed, yet he may keep dogs or engines for the destruction of the game in any place.
This was determined in Rogers v. Carter, M. 9 Geo. 3; the plaintiff Rogers brought an action against the defendant, being a justice of the peace, for taking and carrying away the plaintiff's gun. On a verdict for the plaintiff, a new trial was moved for; the case was, the plaintiff being gamekeeper within the manor of Ringwood, in beating for game within the said manor, fprung a covey of partridges, which he fhot at within the said manor; they took a second fight, and he pursued them out of the manor, but could not find them. As he was returning to the manor of Ringwood, he was met by the defendant, about three quarters of a mile distant from that manor, who asked him if he had a qualiscation the plaintiff anfwered, I have a deputation from the Lord of the manor of Ringwood. The defendant replied, You
are now out of that manor; and demanded his gun, and took it from him 54 ; the defendant did not shoot out of the manor, but was three quarters of a mile out of the manor, with his gun and dog, with an intention to shoot at game. By the court, the question is, “Whether the justice had a right to take the plaintiff's gun from him whilst he was sporting, for the purpose of killing game in another manor, out of the manor of Ringwood ? and we are all of opinion, he had not such right : if he had killed game where he was not a game-keeper, he might have been convicted in the penalty of 5l.' but he was intitled to keep and have dogs, guns, and nets any where, and a game-keeper's gun cannot be seized, either in going to or returning from the manor, or in any other place; and if game-keepers were permitted to seize one another's guns, it would create a kind of border war amongst them; the new trial was therefore refused. 2 IVilf: 387.
Certificates to be annually taken out.
XVI. The duty on certificates asued with respect to the
killing of game. By 25 Geo. 3 c. 50. s. 2, Every person in Great Britain, who shall use any dog, gun, net, or other engine, for the taking or destruction of game (not acting as a game-keeper under a deputation duly registered) shall previously deliver in a paper or account in writing, containing the name and abode of such person, to the clerk of the peace of the county where he shall reside, or his deputy, and annually take out a certificate thereof:
And upon every piece of vellum, or parchment, or paper, , upon which any certificate illued to such person shall be engrossed, written, or printed, there mall be charged a stamp duty of 21. 28 ; and by 31 Geo. 3. C. 21. f. 1, and made perpetual by 33 Geo. 3. c. 28. f. 27. an additional il. 11. making in the whole THREE POUNDS AND THREE SHILLINGS.
And every deputation of a game-keeper, granted to any person by any lord or lady of a manor in England, or Wales, shall be registered with the clerk of the peace of the county in which the said manor or lands lie, and the game-keeper so appointed, shall annually take out a certificate thereof. 25 Geo. 3. c. 50. s. 2.
And upon every piece of vellum or parchment, or paper upon
54. This he must have done under a deputation for the manor, where he met the game-keeper, for merely as a justice of the peace he could make 20 such füizure, 5
which any certificate issued 10 any person under any deputation of game-keeper shall be engrosed, &c. there shall be charged a stamp auty of 10s. 6d. and by the above acts of 31 Geo. 3, and 33 Geo. 3, an additional 10s. 6d. making in the whole ONE POUND AND ONE SHILLING.
And every such clerk of the peace shall, upon delivery of such paper or account as aforesaid, issue a certificate, itamped as before directed, to the effect following: 25 Geo. 3. 6. 50.
I A B, clerk of the peace for the county of C, [or, as the form of cere cafe may happen to be) depury clerk of the peace, do isereby titicate, declare, That E F bath this day deli pred into my office a *paper writing, or account, containing his name and place of abode [or, as the case may happen to be], hath this day registered a deputation, whirely he is appointed a game-keeper by for the manor or lands of
which I do hereby certify, in pursuance of an act of parliament, pased in the twenty-fifth year of king George the Third, intituled, in aft for repealing an aft, made in the twenty-fourth year of the reign of his prejent majesty, intituled, " Ane for granting to “his majerly certain atle: on certificates issued with respect to “ the killing of game; and for granting other duties in lieu
thereof." Which certificate shall bear date on the day on which the same shall be issued, and shall remain in force from thence until the ift July next, and no longer. 1.6. · And the said clerk of the peace; after he shall have signed such certificate, fhall iflue the fame, stamped as before directed, to the person requiring the same; and shall, previous to the delivery thereof, be intitled to receive from such perfon one filling for his own trouble. /. 5.
And in case such clerk of the peace, shall neglect or refuse to issue to such person, a certificate properly marked and ftamped as before is directed, such clerk of the peace, &c. shall forfeit 20!. and moreover be liable to pay to his majeity, the duty payable on fuch certificate. /. 5
And if he shall iflue any certificate to any person others wife than as above directed, he shall forfeit 201. /. 6.
If any person shall use any greyhound, hound, pointer, Penalty on kille setting-dog, or other dog, or any gun, net, or other en-ing without gine, for the taking or destruction of any hare, pheasant, a certiticate. partridge, heath fowl, called Black Game, or groufe, called Red Game, or any other game whatsoever, without having obtained such certificats, such person shall forfeit 2016 f. 8. And if any person to whom any deputation of a gameVOL. II.
keeper shall be granted by any lord or lady of a manor in England or Wales, shall, for twenty days next after such deputation shall be first granted, neglect or refuse to register the same, and take out a certificate thereon, as before dia rected, such person, not having obtained some certificate,
in pursuance of this act, shall forfeit 20. /. 9. Excepting Nothing herein shall make it necessary for any of the power of the royal family to take out any certificate, or restrain any perroyal Enzily.
son appointed by them, from using any dog, gun, net, or other engine, for taking of game within the forests, chases, parks, warrens, or other royalties to them belonging. f. 10.
And to prevent the evading the statule, and to facilitate the deteftion of offenders, it is enacted, That if any person shall be found using any dog, gun, net, or other engine, for the taking or destruction of game, by any other person who hath obtained a certificate in manner before directed, it shall be lawful for such other person, producing such certificate, to demand from the person using such dog, &c. to produce a certificate issued to him ; and such person shall, upon fuch demand, produce such certiGcate to the perfon demanding the same, and permit the same to be inspected; and if such person shall refuse to produce a certificate ifsued to him, or not having produced such certificate, shall refuse, on the demand thereof, to give in his christian and surname, and place of residence, or shall give in any false name or place of refidence, such person shall forfeit 50l.
6.15. Certificate not The certificate hereby directed to be issued by the clerks to authorize the of the peace, shall not authorise any person to use any greyout wifes un, ur hound, hound, pointer, setting dog, spaniel, or other dog, by wuquahded or any gun, net, or other engine, for the taking or destrucperlons.
tion of game, at any time, or in any manner prohibited by law; nor shall give to any person any right to use any greyhound, &c. or any gun, &c. unless such person thail be qualified so to do, under the laws now in being, but shall
be liable to the same penalties in the said laws contained. Game-keepers' No certificate, obtained under any deputation of a gameto extend beat keeper, shall be pleaded or given in evidence, where the peryond the manor, fon having such certificate shall have used any greyhound,
&c. or any gun, &c. out of or beyond the precincts of the
manor or lands for which such deputation was given. f. 17. On appoint If any lord or lady of a manor, shall make any new dement of a new garic-keeper, a putation of a game-keeper in the room of the person already hew cerul.cate appointed, and to whom such certificate hath been iffued,
and thall register fuch new deputation with the clerk of the peace, and Ihall obtain a new certificate thereon, the first
to be taken