Colonies or Plantations for the term of Fourteen Years; provided always, that nothing in this Act contained shall extend, or be construed to extend, in any manner whatsoever, to repeal or alter any Law or Statute now in force for the prevention and punishment of the Crime of Forgery in any respect whatsoever, within any part of the said United Kingdom. Game. (And see Title CONIES.) $1. Offences relating to Deer. §2. For the preventing of persons going armed in the night for the Destruction of Game in general. If any person or persons, after 1st June 1723, being armed with Swords, Fire-Arms, or other offensive Weapons, and having his or their faces blacked, or being otherwise disguised, shall appear in any Forest, Chase, Park, Paddock, or Grounds inclosed with any Wall, Pale, or other Fence, wherein any Deer have been or shall be usually kept, or in any Warren or Place where Hares or Conies have been or shall be usually kept, or in any high Road, Open Heath, Common, or Down, or shall unlawfully and wilfully hunt, wound, kill, destroy, or steal any Red or Fallow Deer, or unlawfully rob any Warren or Place where Conies or Hares are usually kept, or shall forcibly rescue any Person being lawfully in Custody of any Officer or other person for any of the Offences before mentioned; or if any person or persons shall, by Gift or Promise of Money, or other Reward, procure any of his Majesty's Subjects to join him or them in any such unlawful act; every Person so offending being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in cases of Felony without benefit of Clergy. 9 G. 1. c. 22. By s. 14. Offenders may be tried in' any County in England, and Corruption of Blood is saved. By s. 4, 5. Offenders not surrendering themselves after proclamation, and persons concealing Offenders after the time appointed for such Surrender, are also ousted of Clergy, This Act is made perpetual by 31 G. 2. c. 42. See the above Act at length under Title BLACK ACT, The Statute 16 G. 3. c. 30. s. 1. imposes a pecuniary penalty on persons hunting, killing, &c. Deer in the manner, and being within the place there specified; but this section is repealed by a 3 Jac. I. c. 13. S. 2. 7 Jac. 1. c. 13. 13 Car. 2. st. 1. 3W. & M. c. 10. G. 1. c. 15. and C. 10. 5 IO G. 2. c. 32. s. 7. and s. 9. s. 6. of 42 G. 3. c. 107. (which see post); and by the 27th section Justice may issue his warrant to search houses, &c. for venison or engines. It shall be lawful for any Justice of the Peace, upon complaint made to him on oath by any credible Person that there is reason to suspect any Person or Persons of having in his, her, or their custody or possession, or in any Dwelling-house, Outhouse, Yard, Garden, or Place, any Red or Fallow Deer which shall have been unlawfully killed, or the head, skin, or other part thereof, or any Slip, Noose, Toyle, Snare, or other Engine for the unlawful taking of Deer, by Warrant under his Hand and Seal, to cause such Person and Persons, and such Dwellinghouse, Outhouse, Garden, or Place, to be searched; and if any Penalty on perRed or Fallow Deer, suspected to have been unlawfully killed, sons in whose custody any such or the Head, Skin, or other part thereof, or any Slip, Noose, shall be found, Toyle, Snare, or other Engine, suspected to be used for the &c. unlawful taking or killing of Deer, shall be found in his, her, or their Custody or Possession, or in such Dwelling-house, Outhouse, Garden, or Place, to cause the same and such Person or Persons so having possession, or in whose Dwelling-house, Outhouse, Garden, or other Place the same shall be found, to be brought before any Justice of the Peace having Jurisdiction; and if such Person or Persons shall not produce before such Justice the Party of whom he, she, or they received the same, or satisfy such Justice that he, she, or they came lawfully by such Deer, or the Head, Skin, or other part thereof, or had a lawful occasion for such Slip, Noose, Toyle, Snare, or other Engine, or did not keep the same for any unlawful purpose, then every such Person shall forfeit any Sum not exceeding Thirty Pounds, nor less than Ten Pounds, at the discretion of such Justice. 16 G. 3. c. 30. s. 4. Justices may examine every person through whose hands such venison, &c. has passed. The first receiver of such venison, &c. liable to a penalty. Suspected per sons having had venison &c. in ed against as if it was found in their possession. If any Red or Fallow Deer, suspected to have been unlawfully killed, or the Head, Skin, or other part of such Deer, shall, on a Search under a Warrant from any Justice of the Peace, be found in the Possession or Custody of any Person or Persons, or in any Dwelling-house, Outhouse, Garden, or other Place, or shall be proved to have been in the Possession, House, Outhouse, Garden, or Place of any Person or Persons who may be justly suspected to have come dishonestly or unlawfully by the same as aforesaid; and such Person or Persons so in Possession, or the Owner or Occupier of such Dwelling-house, Outhouse, Garden, or other Place, shall not, under the Provisions aforesaid, be liable to Conviction; then and in every such case, for the discovery of the Party or Parties who actually killed or stole such Deer, it shall and may be lawful to and for any Justice of the Peace having Jurisdiction, as the Evidence given and the Circumstances of the Case shall require, to summon before him, at his discretion, every Person through whose hands such Deer, or the Head, Skin, or other part thereof so found, shall appear to have passed; and if the Person and Persons from whom such Deer, or the Head, Skin, or other part thereof, shall appear to have been first received, or who, having had Possession thereof, shall not give proof to the satisfaction of such Justice, that he, she, or they came lawfully by the same, such Person or Persons shall, on every Conviction, forfeit and pay any Sum not exceeding Thirty Pounds, nor less than Ten Pounds, at the discretion of such Justice. 16 G. 3. c. 30. s. 5. In case it shall appear, on the oath of a credible Witness, that any Person or Persons hath or have had in his, her, or their their possession, Possession, House, Outhouse, Garden, or Place, any Red or may be proceed- Fallow Deer, or the Skin, Head, or other part thereof, and shall be reasonably suspected to have come dishonestly or unlawfully thereby, then and in every such case, every such Person or Persons, and all other Persons through whose hands the same shall appear to have passed under the like suspicion, shall and may be proceeded against in like Manner and Form, and on Conviction shall be subject and liable to the same Penalty or Penalties, as if such Deer, or the Head, Skin, or other Part thereof, had been found in the Possession, House, Outhouse, Garden or Place of such Person or Persons, upon a Search made under and by virtue of any such Warrant as aforesaid. s. 6. Penalty on persons pulling down pales or If any Person or Persons shall at any time wilfully pull down or destroy, or cause to be wilfully pulled down or destroyed, the Pale or Pales, or any part of the Walls of any Forest, Chase, walls, &c. of any Purlieu, ancient Walk, Park, Paddock, Wood, or other forest, park, &c. Ground where any Red or Fallow Deer shall be then kept, wthout the consent of the Owner or Person chiefly intrusted with the Custody thereof, or being otherwise duly authorized, every Person so offending shall be subject unto the Forfeiture and Penalty hereby inflicted for the First Offence of killing of any Deer. 16 G. 3. c. 30. s. 8. (1) with intent to destroy deer; See post, stat. 57 Geo. 3. c. 90. s. 3. If any Person or Persons carrying any Gun or other Fire- Persons carrying arms, or any Sword, Staff, or other offensive Weapon, shall fire-arms, &c. coming into any come into any Forest, Chase, Purlieu, or ancient Walk, or into forest, park, &c. any inclosed Park, Paddock, Wood, or into any other Ground where Deer are usually kept, be the same inclosed or not inclosed, with an intent unlawfully to shoot at, course, or hunt, or to take in any Slip, Noose, Toyle, Snare, or other Engine, or to kill, wound, destroy, or take away any Red or Fallow Deer, it shall be lawful for every Ranger or Keeper, or Person intrusted with the care of such Deer, to seize and take from such Person and Persons, in and upon such Forest, Chase, Purlieu, ancient Walk, Park, Paddock, Wood, or other Ground, to and for the Use of the Owner thereof respectively, all such Guns, Fire-arms, Slips, Nooses, Toyles, Snares, or other Engines, and all Dogs there brought for coursing Deer, in the same and like manner as the Gamekeepers of Manors are em powered by Law within their respective Manors to seize and take Dogs, Nets, or other Engines, in the custody of Persons not qualified by the Laws to keep the same; and if any such Person or Persons shall there and beating the unlawfully beat or wound any Ranger or Keeper, or his or their keepers, &c. Servants or Assistants, in the Execution of his or their Office or Offices, or shall attempt to rescue any Person in the lawful custody of any such Ranger, Keeper, Servant, or Assistant, felony. every Person so offending shall be deemed and adjudged to be shall be guilty of guilty of Felony, and on being lawfully convicted on Indictment, shall be transported to one of his Majesty's Plantations in America for the Space of Seven Years. s. 9. to proceed on Upon complaint or information upon oath, of any one or How Justices more credible witness or witnesses, before any one Justice of the information. of Peace having jurisdiction, of any offence committed against this offences, (1) £30, and double if the offender be a Keeper of or Person in any manner intrusted with the custody or care of Deer in the Forest, Chase, Purlieu, ancient Walk, or inclosed Park, Paddock, or Wood, or other inclosed place where such offence shall be committed. See s. 1. of the Act. Recovery and application of penalties. If not paid on conviction, may be levied by distress. Justices may order offenders Act, it shall and may be lawful to and for such Justice (except in such cases only where the Justice is specially directed previously to summon the party before him) to cause the person or persons, who shall be charged by such complaint or information, to be apprehended by warrant under the hand and seal of such Justice, and to be brought before him at such time and place as shall be specified in and by such warrant, and thereupon such Justice shall and may proceed to hear the matter of such complaint or information, and to adjudge and determine the same; and in such case where it is provided by this Act that the party complained of shall be summoned to appear, if the party so summoned shall not appear according to such summons, then, upon due proof made of the service of such summons, either personally, or by leaving the same at his dwelling-house, lodgings, or other usual place of abode, it shall be lawful for the Justice, before whom the party was so summoned to appear, to apprehend such party by warrant, and to proceed as if no previous summons had been directed by this Act. 16 G. 3. c. 30. s. 10. All the pecuniary penalties of this Act shall be recoverable before one or more Justice or Justices of the Peace for the county or other division in which the offence shall be committed, on proof of the offence by the oath of one or more credible witness or witnesses, or on confession of the offender; and one moiety of each penalty shall belong to the King's Majesty, his heirs and successors, and be paid, for his and their use, into the hands of such person or persons as the said Justice or Justices shall direct, and the other moiety thereof shall belong and be paid to the informer or informers prosecuting for the same; and in case of non-payment thereof, with the charges incident to the conviction, immediately upon the conviction, the said penalty or penalties, and the charges incident, shall be levied by distress and sale of the goods and chattels of every such offender, by warrant under the hand and seal or hands and seals of the Justice or Justices before whom such conviction shall be made; and for want of sufficient distress, the offender or offenders, except in such cases only where it is otherwise provided by this Act, shall be sent by the said Justice or Justices to the common gaol of the county or place where the offence shall be committed for the space of one whole year, without bail or mainprize, unless the said penalty, and charges incident, shall be sooner paid. s. 11. And, to the end that persons convicted of any of the offences for which pecuniary penalties are inflicted by this Act, the return of the may not, by flight or removal after conviction, evade imprison into custody, till distress warrant. |