lified man was subject to a penalty of 20s. for every hare he killed with a gun, but that this did not extend to any other species of Game.

From the history I have given of the subject, which I trust is correct, every reader will see that that opinion was perfectly unfounded and erroneous. It was therefore much to be regretted, that those who brought in the 48 Geo. III. c. 93. (An Act to repeal so much of an Act of the first year of King James the First, as relates to the penalties on shooting at Hares), did not proceed still further, and repeal it as far also as it relates to the penalties on shooting at pheasants, partridges, and moor-game.

If there was a necessity for repealing it with respect to hares, there was then, and is now, precisely the same necessity for repealing it with respect to every other species of Game.

The 2 Jac. I. c. 27. s. 2. for the preservation of Game, inflicted exactly the same penalty, and to be recovered exactly in the same manner, viz. before two justices, and upon the oath of two witnesses, or confession, 20s. for the use of the poor, for every egg of partridge, pheasant, or swan, which any one shall take out of the nest, or shall

destroy

destroy in it. If the penalty is not paid, the offender shall be imprisoned three months, unless at the end of one month he becomes bound by recognizance, with two sufficient sureties in 201. each, with condition that the said party so offending shall not at any time hereafter shoot at, kill, take, or destroy, any of the said Games before mentioned.

The offence for taking the eggs of Game was precisely the same as killing it with a gun.

The law is unchanged with respect to the destruction of the eggs; and, I am inclined to think, is still unchanged with respect to the destruction of it with gun in the case of qualified gentlemen.

For the further preservation of the Red and Black Game, it has been provided, that no one shall, upon any mountains, heaths, moors, forests, chases, or other wastes, between the 2d February and 24th of June, burn any grig, ling, heath, furze, goss, or fern; upon pain that the offender shall be committed to the House of Correction for any time not exceeding one month, and not less than ten days, there to be whipt and kept to hard labour.4 and 5 W. & M. c. 23. s. 11.

This is provided by a statute which, I have frequently stated, is full of absurdity. It omits to say how the offender is to be prosecuted; and therefore neither the justices out of sessions nor at the sessions can have cognizance of the offence. The prosecution must be by an indictment at the assizes.

But by 28 Geo. II. c. 19. s. 3. if any one shall burn any goss, furze, or fern, within a forest or chace, without the consent of the owner, or the person entrusted with the care of the forest or chase, shall forfeit, upon conviction before one justice, upon the oath of one witness, any sum not exceeding 57. nor less than 40s. one half to the use of the poor, to be levied by distress; and for want of sufficient effects, the offender to be imprisoned, not more than three months nor less than one month.

By the general Game Act, 5 Ann. c. 14. there is a long clause upon this subject, which relates to Sherwood Forest only.

I have already expressed a strong disapprobation against the multiplication of statutes and regulations upon a particular subject.

It has been decided by Lord Ellenborough and the Court of King's Bench, that if a number of persons resolve to go together into a preserve, or place set apart for the protection of hares, with arms, and to take and carry away the hares; and if they afterwards go armed, and set and take hares, and carry away several hares; they cannot be indicted for it as for a conspiracy.

Lord Ellenborough said, he should be sorry to have it doubted, whether persons agreeing to go and sport on another's ground, in other words, to commit a civil trespass, should be thereby in peril of an indictment for an offence which would submit

them to infamous punishment. The King v. Turner and seven others, 13 East. 228, 1814.

CHAP. XV.

CERTIFICATE TO KILL GAME.

THOUGH a treatise on the Game Laws might seem imperfect without introducing this subject, yet it does not affect or alter, in any degree, the preceding laws respecting Game. The object of the statutes introducing the certificate was merely to increase the public revenue, by laying a tax upon a luxury, or upon the amusement of a sportsman. The tax at the first was imposed upon persons qualified to kill Game only, by 24 Geo. III. c. 43. ; but to render it still more productive, it was extended to unqualified persons, by 25 Geo. III. c. 56. who, if they pursue Game, having taken out a certificate, are still subject to the penalties under the Game Laws; but if they sport without a certificate, are subject also to the penalty under the statute upon that subject.

The tax at the first was 21. 2s.; by the 48 Geo. III.

c. 55.