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whatfoever, or to keep or use any greyhound, fetting dogs, hayes, lurchers, guns, tunnels, or any other engine, to kill and destroy the game. Ibid.

And any perfon whatsoever, not qualified by the laws fo to do, or not being truly and properly a fervant of any lord or lady of a manor, or not immediately employed and appointed to take and kill the game for the fole use or immediate benefit of the faid 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, pheafant, partridge, or other game whatfoever, or fhall keep or ufe any greyhounds, fetting dogs, hayes, lurchers, guns, tunnels, or any other engine to kill and deftroy the game, being thereof legally convicted fhall, for every fuch offence, incur the penalty of 51. as aforefaid. 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 fuch grant a deputation to a game-keeper; this was determined in the cafe of The earl of Ailesbury v. Pattifon, 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 verdict for the plaintiff, fubject to the opinion of the court, on the following cafe, viz. " William Mar"wood, efq. was the lord and chief bailiff of the liberty, "wapentake, or hundred of Langbourgh in the north riding "of York; that he and his fervants, and the fervants of thofe "under whom he claimed, had ufed to kill game on the "manor of Whorleton, which is within the faid wapentake, "and alfo on all the reft of the wapentake; that the plain"tiff was lord of the manor of Whorleton, and had ufually "appointed a game-keeper within the faid manor for the "purpose of preferving the game; that the faid William "Marwood, as lord and chief bailiff of the faid wapentake, "granted a deputation in the common form to the defen"dant (his menial fervant), 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 ufe; that the

deputation was duly registered with the clerk of the peace; "that the faid William Marwood had granted no deputa"tion before that given to the defendant:" the question for the opinion of the court upon this cafe, was, Whether the defendant had any right or authority to kill game upon the manor of Whorleton? For the plaintiff, it was in fubftance contended, that the words or other royalties, were fynonymous to, and muft mean royalties of the fame nature as

manors;

any

manors; that honours, baronies, feigniories and fees, are words applied in different parts of England to the fame fort of property as manors, one of them generally comprehending feveral or many manors; but that the lord of a wapentake or hundred was to be confidered only as lord of the hundred court, or court leet; that it would not be argued, that a sheriff could grant fuch 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 fuftained, there would be two game-keepers in the fame manor, for that lord Ailefbury had appointed one, which he had a right to do; and that by 9 Ann. only one game-keeper could be apwithin one manor; that as to the ufage ftated pointed in the cafe, that might be evidence of a prefcriptive free warren, fo as to excufe the trefpafs, 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 fame nature with manors; if royalties of a higher mature had been meant, the ftatute would have begun with them; and the reason why this word was used in the act of Car. 2, was, because fuch royalties go by different names, in different parts of the kingdom; as honours, baronies, fees, and the like.-Judgment for the plaintiff. Doug. 8vo. edit. 28.

Although a game-keeper is reftricted from killing game out of the limits of the manor for which he is appointed, yet he may keep dogs or engines for the deftruction 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 juftice 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 cafe was, the plaintiff being gamekeeper within the manor of Ringwood, in beating for game within the faid manor, fprung a covey of partridges, which he fhot at within the faid manor; they took a fecond fight, and he purfued 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 alked him if he had a qualification? the plaintiff anfwered, I have a deputation from the Lord of the manor of Ringwood. The defendant replied, You

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are

Certificates to be annually taken out.

Duty thereon.

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are now out of that manor; and demanded his gun, and took it from him 54; the defendant did not fhoot out of the manor, but was three quarters of a mile out of the manor, with his gun and dog, with an intention to fhoot at game. By the court, the queftion is, Whether the justice had a right to take the plaintiff's gun from him whilft he was fporting, for the purpose of killing game in another manor, out of the manor of Ringwood? and we are all of opinion, he had not fuch right: if he had killed game where he was not a game-keeper, he might have been convicted in the penalty of 51' but he was intitled to keep and have dogs, guns, and nets any where, and a game-keeper's gun cannot be feized, either in going to or returning from the manor, or in any other place; and if game-keepers were permitted to feize one another's guns, it would create a kind of border war amongst them; the new trial was therefore refused. 2 Wilf. 387.

XVI. The duty on certificates ifjued with respect to the killing of game.

By 25 Geo. 3 c. 50. S. 2, Every perfon in Great Britain, who fhall ufe any dog, gun, net, or other engine, for the taking or deftruction of game (not acting as a game-keeper under a deputation duly registered) fhall previously deliver in a paper or account in writing, containing the name and abode of fuch perfon, to the clerk of the peace of the county where he fhall refide, or his deputy, and annually take out a certificate thereof:

And upon every piece of vellum, or parchment, or paper, upon which any certificate iffued to fuch perfon shall be engroffed, written, or printed, there fhall be charged a stamp duty of 21. 25; and by 31 Geo. 3. c. 21. f. I, and made perpetual by 33 Geo. 3. c. 28. f. 27. an additional Il. Il. making in the whole THREE POUNDS AND THREE SHILLINGS. And every deputation of a game-keeper, granted to any perfon by any lord or lady of a manor in England, or Wales, hall be registered with the clerk of the peace of the county in which the faid manor or lands lie, and the game-keeper fo appointed, fhall annually take out a certificate thereof. 25 Geo. 3. c. 50. . 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 juftice of the peace he could make no fuch feizure,

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which

which any certificate iffued to any perfon under any deputation of game-keeper fhall be engroffed, &c. there fhall be charged a ftamp 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 fuch clerk of the peace fhall, upon delivery of fuch paper or account as aforefaid, iffue a certificate, stamped as before directed, to the effect following: 25 Geo. 3. c. 50.

•for the manor or lands of·

I A B, clerk of the peace for the county of C, [or, as the Form of cer cafe may happen to be] deputy clerk of the peace, do hereby tificate. declare, That E F hath this day delivered into my office a paper writing, or account, containing his name and place of abode [or, as the cafe may happen to be], hath this day regiftered a deputation, whereby he is appointed a game-keeper by which I do hereby certify, in pursuance of an act of parliament, passed in the twenty-fifth year of king George the Third, intituled, An act for repealing an act, made in the twenty-fourth year of the reign of his prefent majejiy, intituled," An act for granting to his majefly certain uti on certificates ifjued with refpect to "the killing of game; and jor granting other duties in lieu "thereof."

Which certificate fhall bear date on the day on which the fame fhall be iffued, and fhall remain in force from thence until the 1st July next, and no longer. f. 6.

And the faid clerk of the peace, after he fhall have figned fuch certificate, fhall iffue the fame, ftamped as before directed, to the perfon requiring the fame; and fhall, previous to the delivery thereof, be intitled to receive from fuch perfon one filling for his own trouble. . 5.

And in cafe fuch clerk of the peace, fhall neglect or refufe to iffute to fuch perfon, a certificate properly marked and ftamped as before is directed, fuch clerk of the peace, &c. fhall forfeit 201. and moreover be liable to pay to his majefty, the duty payable on fuch certificate. . 5.

And if he thall iffue any certificate to any perfon others wife than as above directed, he fhail forfeit 201. f. 6.

If any perfon fhall ufe any greyhound, hound, pointer, Penalty on kill fetting-dog, or other dog, or any gun, net, or other en- ing without gine, for the taking or deftruction of any hare, pheafant, a certificate. partridge, heath fowl, called Black Game, or groufe, called Red Game, or any other game whatsoever, without having obtained fuch certificate, fuch perfon fhall forfeit 20% s. 8.

And if any person to whom any deputation of a game-
Y Y

VOL. II.

keeper

Excepting power of the royal family.

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Certificate not

keeper fhall be granted by any lord or lady of a manor in England or Wales, fhall, for twenty days next after such deputation fhall be first granted, neglect or refuse to register the fame, and take out a certificate thereon, as before directed, fuch perfon, not having obtained fome certificate, in purfuance of this act, fhall forfeit 20. f. 9.

Nothing herein shall make it neceffary for any of the royal family to take out any certificate, or reftrain any perfon appointed by them, from ufing any dog, gun, net, or other engine, for taking of game within the forests, chases, parks, warrens, or other royalties to them belonging. /. 10.

And to prevent the evading the ftatute, and to facilitate the detection of offenders, it is enacted, That if any perfon fhall be found ufing any dog, gun, net, or other engine, for the taking or deftruction of game, by any other perfon who hath obtained a certificate in manner before directed, it shall be lawful for fuch other perfon, producing fuch certificate, to demand from the perfon ufing fuch dog, &c. to produce a certificate iffued to him; and fuch perfon fhall, upon fuch demand, produce fuch certificate to the perfon demanding the fame, and permit the fame to be inspected; and if fuch person shall refuse to produce a certificate iffued to him, or not having produced fuch certificate, fhall refufe, on the demand thereof, to give in his chriftian and furname, and place of refidence, or fhall give in any false name or place of refidence, fuch person shall forfeit 50%. f. 15.

The certificate hereby directed to be iflued by the clerks to authorize the of the peace, fhall not authorise any perfon to use any greykilling of ganie out of fe.fon, or hound, hound, pointer, fetting dog, spaniel, or other dog, by qualified or any gun, net, or other engine, for the taking or deftrucperfons.

Game-keepers' certificates not

tion of game, at any time, or in any manner prohibited by law; nor fhall give to any perfon any right to ufe any greyhound, &c. or any gun, &c. unlefs fuch perfon fhall be qualified fo to do, under the laws now in being, but shall be liable to the fame penalties in the faid laws contained. f. 16.

No certificate, obtained under any deputation of a gameto extend be keeper, fhall be pleaded or given in evidence, where the peryond the manor, fon having fuch certificate fhall have ufed any greyhound, &c. or any gun, &c. out of or beyond the precincts of the manor or lands for which fuch deputation was given. S. 17. If any lord or lady of a manor, fhall make any new degame-keeper, a putation of a game-keeper in the room of the perfon already new certincate appointed, and to whom fuch certificate hath been iffued, and fhall regifter fuch new deputation with the clerk of the peace, and fhall obtain a new certificate thereon, the first

On appoint. ment of a new

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