GAME. It is a maxim of the common law, that goods of which no person can claim any property belong to the King by his prero;.,ative ; hence those animals rem natures, which come under the de nomination of game, are styled his Majesty's game ; and that which he has he may grant to another; in consequence of which, another may prescribe to have the same within such a precinct or lord ship. And hence originated the right of lords of manors, or others, to the game within their respective liberties. For the preservation of these species of animals, for the recreation and amusement of per sons of fortune, to whom the King has granted the same, and to prevent persons of inferior rank from misemploying their time, the following acts of parliament have been made. The common people are not injured by these restrictions, no right being taken from them which they ever enjoyed; but privileges are granted to those who have certain qualifications therein mentioned, which before rested solely in the King. To entitle any one to kill game, he must now take out a cer tificate, upon which a stamp duty is payable. These certificates are to be dated the day of the _month when issued, sad shall be in force till the first of July following, and no longer ; and if any clerk of the peace, his deputy, or steward, clerk, &c. issue certificates otherwise than directed, to forfeit 20/. 25 Geo. III. Bess. 2. No person to destroy game, until he has delivered an account of his name and place of abode to the clerk of the peace, or his deputy, or to the sheriff; or steward, clerk of the coun ty, riding, shire, stewartry, or place where such person shall reside, and an nually take out a certificate thereof, which must have a stamp duty of 3/. 3s. 25 Geo. III. sess. 2. Any person coun terfeiting or forging any seal or stamp di rected to be used by this act, with intent to defraud the revenue, or shall utter or sell such counterfeit, on conviction there of, shall be adjudged a felon, and shall suffer death without benefit of clergy; and all provisions of former acts relative to stamp duties to be in force in execut ing this act. 25 Geo. VI. sess. 2. Every qualified person, shooting at, killing, tak ing, or shooting, any pheasant, partridge, heath-fowl, or black-game, or any grouse or red game, or any other game, or kill ing, taking, or destroying any hare, with any greyhound, hound, pointer, spaniel, setting-dog, or other dog, without having obtained such certificate, shall forfeit the sum of 20/. Id. , Clerks of the peace, or their deputies, or the sheriff, or steward clerks, in their respective counties, rid ings, shires, stewartries, or places, shall, on or before November 1, 1785, or soon er, if required by the commissioners of his,Majesty's stamp duties, transmit to the head office of stamps in London, a cor rect list, in alphabetical order, of the cer tificates by them issued between the 25th day of March in the year 1785, and the first of October in the same year ; and shall also in every subsequent year, on or before the first of August, in each year, make out and transmit to the stamp office in London,correct alphabetical lists of the certificates so granted by them, distin guishing the duties paid on each respec live certificate so isused ; and on delivery thereof, the of the stamp duties shall pay to the clerk of the peace, &c. for the same, one halfpenny a name ; and in case of neglect, or refusal, or not inserting a full, true and perfect account, he shall forfeit 20/. Id. Lists may be in
spected at the stamp office for ls. each search ; (id.) which list shall once, or of tener, in every year, be inserted in the newspapers in each respective county. If any qualified person, or one having a de putation, shall be found in pursuit of game, with gun, dog, or net, or other en. gine for the destruction of game, or tak ing or killing thereof,[and shall be requir ed to show his certificate, by the lord or lady of the manor, or proprietor of the land whereon such person shall be using such gun, &c. or by any duly appointed gamekeeper, or by any qualified or certi fied person, or by any officer of the stamps, properly authorised by the com missioners, he shall produce his certifi cate,: and if such person shall refuse, up on the production of the certificate of the person requiring the same, to show the certificate granted to him for the like purpose ; or in case of not having such certificate to produce, shall refuse to tell his christian and surname, and his place of residence, and the name of the coun ty where his certificate was issued, or shall give in any false or fictitious name, he shall forfeit 50/. 1d. Certificates do not authorize any person to shoot at, kill, take or destroy, any game, at any time that is prohibited by law, nor give any person a right to shoot at, &c. unless he be duly qualified by law. Id. No certifi cate obtained under any deputation shall be pleaded or given' in evidence, where any person shall shoot at, &c. any game out of the manors or lands for which it was given. The royal family are exempt ed from taking out certificates for them selves or their deputies. Id. The duty on these certificates are now, by an act which is at present passing the house, to be had through the collectors of the as-. sessed taxes. The above is the law now in force. Besides having a certificate, each person to kill game must be quali fied by having a certain estate. The last general qualification (to use the words of Dr. Burn, though in fact it is the first of the acts relative to the game ever now put in force,) by estate or degree, to kill game, is 22, 23 Charles II. c. 25. This enacts, that every person not having lands or tenements of the clear yearly value of 1001.or on leases for 99 years,or upwards, of the clear yearly value of 150/. or ex cept the eldest son and heir of an esquire or person of higher degree, or owners of forests, parks, &c. in respect of such fo rest, park,&c. is not qualified for himself, or any other person, to keep guns, bows, greyhounds, &c. s. S. This merely states the qualification ; the penalties and modes of proceeding are entirely changed by subsequent acts : and first, by .5 Anne, c. 14, which directs that all former acts not thereby repealed and altered continue in force. With respect to offences against the game laws, IA e shall here enumerate those chiefly which fall under the cogni zance of justices of the peace out of ses sions, premising, that for brevity sake the following abbreviations are used ; viz. P. denotes the penalty ; R. the mode of re covery; A. the application of it ; Ap. the appeal; J. 1 or 2, and W. 1 or 2, that one or two justices may convict, or that one or two witnesses must prove the offence : and in treating of the several statutes on this head, we shall consider, 1. what re lates to game exclusively; 2. what relates to other quadrupeds ; and, 3. other birds, which, though fern naturx, are sometimes reclaimed, and private property.