X. The offence of buying or selling game. By 1 Jac. 1. c. 27, Every person which shall sell or buy to sell again, any deer, hare, partridge, or pheasant (except partridges and pheasants reared in house, or brought from be yond sea), shall on conviction at the assizes or quarter sessions, or before two justices out of sessions, forfeit for every deer 40s. for every hare 10s, and for every partridge 10s. and for every pheasant 20s. of which forfeitures, the one moiety › shall be to him that will sue, and the other moiety to the poor of the pa rish where the offence shall be committed. 8. 4, 5. And by 5 Ann. c. 14, If any higler, chapman, carrier, inn. keeper, victualler or alehouse-keeper, shall have in his custody any hare, pheasant, partridge, moor, heath-game or grouse, or shall buy, sell, or offer to sell any hare, &c. unless such game in the hands of such carrier be sent up by persons qua lified to kill the game, (or if any person whatsoever, whether qualified or not, shall sell, expose, or offer to sell, any hare, pheasant, partridge, moor, heath-game or grouse, 28 Geo. 2, c. 12. s. 1), he shall be carried before some justice of peaco (VI), and upon view, or upon the oath of one witness, shall be convicted, and shall forfeit for every harc, &c, 5!.; one half to the informer, and the other half to the poor of the parish; to (VI) The form of a warrant against a higler, Monmouthshire. } To the constable of WHEREAS II, of ——, hath this day made oath before me J P, esq. one of his majesty's justices of the peace in and for the said county, that on the day of noto last past, OO of in the parish of in the parish of in the county aforesaid, inn-keeper, at - aforesaid in the parish and county aforesaid, in the house of him the said ✪ ✪ there situated, then and there had in his possession one hare [or did offer to sell one hare, or as the case shall be] he the said O O being no ways qualified by the laws of this realm to have the said hare in his custody or possession, against the form of the sta tute in that case made and provided: These are therefore to command you to bring the said O O before me, or some of his majesty's justices of the peace for the said county, to answer the premises, and to be further dealt with according to law. Given under my hand and scal the day of ia. year, &c. 1 be levied by distress (VII) and sale of goods, by warrant of the justice before whom such offender shall be convicted; and for want of sufficient distress to be committed (VIII) to the house said county of, higler, is on this present in the year of the reign of in the day of duly convicted before me J P, esq. one of his majesty's justices of the peace. in and for the said county, upon the oath of one credible wit ness, for that he the said O O, on the in the day of year of - in the parish of · aforesaid, in the county aforesaid, had in his custody and possession one hare, he the suid OO being no way qualified by the laws of this realm to have the said hare in his custody or possession, against the form of the statute in that case made and provided, by reason whereof he the said O O hath forfeited the sum of 51.: These ure therefore to authorize and commund you to levy the said sum of 51. by distress of the goods and chattels of him the said 00, and if within the space of [five] days next after such distress by you taken, the, said sum of 51. together with the reasonuble charges of taking and keeping the said distress, shall not be paid, then you are hereby further authorized and required to sell the said goods and chattels so by you distrained as aforesaid, and out of the money arising by such sale to pay one half of the said sum of 51. to Ji, of ——, yeoman, who prosecutes for the same, and who informed me of said offence, and the other half to the poor of the parish of aforesaid, within. which parish the said offence was committed, returning to him the said OO, the overplus on demand; the reasonable charges of keeping, taking, and selling the said distress being thereout first deducted: but if sufficient distress cannot be hud or faund of the goods and chattels of the suid O O, whereon to levy the said sum of, then you are to certify the same to me, together with the return of this precept. Giveu under my hand and seal the day of (VIII) The form of the commitment for the want of dis of correction, for the offence, for three months, and for every other offence four months; provided such conviction be within three months after such offence. s. 2. And [no] certiorari shall be allowed to remove any con viction or other proceedings concerning any thing in this act, unless the party against whom such conviction shall be made, shall, before allowance of such certiorari, become bound (1X) day of higler, was on the - duly convicted before me the peace in and for the a credible witness, day of in the year of at the parish of aforesaid, in the county aforesaid, had in his custody and possession one hare, ke the said O O being no way qualified by the laws of this realm to have the said hare in his custody or possession, against the form of the statute in that case made and provided; by reason whereof he the said ✪ ✪ hath forfeited the sum of 51. And whereas on the said day of in the year aforesaid, I did issue my warrant to the constable of to levy the said sum of 51. by distress and sate of the goods and chattels of him the said 0 0, end to distribute the same according to the directions contained in the said statute; and whereas it duly appears to me, as well on the oath of the said constable of as otherwise, that he the said constable of hath used his best endeavours to lety the said sum on the goods and chattels of the said O O as aforesaid, but that no sufficient distress can be found whereon to levy the 'same: These are therefore to command you the constable of· aforesaid, to apprehend the said O Ö, and him safely to con vey to the said house of correction at aforesaid, in the county aforesaid, and there deliver him to the keeper thereof, to gether with this precept; and you the said keeper are hereby commanded to receive into your custody, in the said house of correction, him the said ✪ 0, and him there safely to keep for the space of three months without bail or mainprize; and for your so doing, this shall be your sufficient warrant. Given under my day of hand and seal the (IX) The form of such bond. KNOW ALL MEN by these presents, &c. whereas the above bounden 0 0 was on the day of duly convicted before J P, esq. one of his majesty's justices of the peace in and for the said county of for that he the suid 00 [here set forth the offence.] And whereas the said O O hath since his said conviction sued out his majesty's writ of certiorari, to remove the same and the proceedings thereupon,, before the king himself, on the morrow of All Souls, wheresoever he shall then to the person prosecuting in 50l. with such securities as the justices of peace, before whom such offender shall be convicted, shall think fit, with condition to pay unto the prosecutors, within fourteen days after such conviction (confirmed), or procedendo granted, their full costs to be ascertained upon their oaths; and in default thereof, it shall be lawful to proceed for the execution of such conviction, as if no certiorari had been awarded. s. 2.-The word [no] is introduced in this clause instead of the words (if any) which are in the act; also the word [confirmed] is here inserted, though not in the act, such correction and addition seeming necessary to complete the sense. And by 9 Anh. c. 25, If any hare, pheasant, partridge, moorheath-game or grouse, shall be found in the shop, house, or possession of (any poulterer, salesman, fishmonger, cook or pastry cook, 28 Geo. 2. c. 12. s. 2), or of any person not qualified in his own right to kill game, orintitled thereto under some person so qualified, the same shall be adjudged an exposing thereof to sale, s. 3. And any justice of the peace, and lord within his manor, may take away to his own use any such hare, pheasant, partridge, moor heath-game or grouse, or any other game, from any such higler, chapman, inn-keeper, victualler, or carrier, or any other person not qualified, which shall be found in his custody or posBession. 5 Ann. c. 14. s. 4. And any person that shall destroy, sell or buy, any hare, &c. and shall within three months make discovery of any higler, &c. that hath bought or sold, or offered to buy or sell, or had in their possession, any hare,&c. so as any one shall be convicted, such discoverer shall be discharged of the penalties, and shall receive the same benefit as any other informer. s. 3. XI. The offence of hawking or hunting with spaniels in standing corn. 1 By 23 Eliz. c. 10, No person shall hawk, or with his spaniels be in England [the day of the return of the certiorari]: Now the condition of the above written obligation is such, that if the above bounden O ◊ do and shall (according to the true intent and meaning of the statute in such case made and provided) well "and truly pay to the said II within fourteen days after the same conviction shall be confirmed, or a procedendo granted thereupon, his full costs and charges which he shall sustain touching and concerning the said conviction and removal thereof by the said writ of certiorari; then and in such case, the above written obligation shall be void, otherwise to remain in full force and virtue, A person finding a hawk. Concealing or stealing a hawk telony. hunt, in any ground where corn shall grow (except it be in his own ground) at such time as any cared or codded corn shall be standing upon the same, nor before sach corn shall be shocked, cocked, hilled or copped; upon pain of forfeiture for every time that he shall so hawk or hunt (without the consent of the owner of the corn) to the owner of the said corn 40s. to be levied or recovered in any court of record, or at the assizes, sessions, or lect. s. 4, 5. XII. Concerning hawks and hawking in particular. By 34 Ed. 3. c. 22, Every person who findeth a faulcon, tercelet, laner, or laneret, or other hawk that is lost, shall presently bring the same to the sheriff; and the sheriff shall make proclamation in all the good towns in the country, that he hath such a hawk in his custody, and if he is challeng ed, the owner shall pay the costs, and have the hawk; but if none within four months challenge it, the sheriff shall have the hawk, making gree to him that did take him, if he be a simple man: and if he be a gentleman and of estate to have the hawk, then the sheriff shall re-deliver to him the hawk, taking of him reasonable costs for the time that he had him in his custody. And by 37 Ed. 3. c. 19, If any steal any hawk, and the same carry away, not doing the ordinance aforesaid, it shall be done of him as of him that stealeth a horse or other thingthat is it shall be felony; but the offender shall have the benefit of his clergy: for at the time of the making of this act, he that had stolen a horse should have had his clergy. 3 Inst. 98. Certain English No man shall bear any hawk of the breed of England, calhawks prohibit- Led a nyesse, goshawk, tassel, laner, laneret or faulcon, upon ed to be born. pain of forfeiture of his hawk to the king; and if he bring any from beyond sea, he shall bring a certificate under the customer's seal of the port where he landed, upon the same pain; and the person that bringeth such hawk to the king, shall have reward of the king or the hawk for his labour. 11 Hen. 7. c. 17. Penalty on taking or driving away hawks. And no man shall take any ayre, faulcon, goshawk, tassel, or laner or lanerets, in their warren, or woods, or in other place, nor purposely drive them out of their coverts accustom. ed to breed in, to cause them to go to other coverts to breed, nor slay them for any hurt by them done, but suffer them to pass at their liberties; upon pain of 107. the one half to the party that will sue by action, by examination before the justices of peace, information, or otherwise, and the other half to the king. 11 Hen. 7. c. 17. Also no person of what condition or degree he be, shall take or cause to beftaken, on his own ground or any other man's, the eggs of any falcon, goshawks, or laners, out of the nests, upon pain of imprisonment of a year and a day, and fine at the |