Fale or Pales, or any part of the Walls of any Forest, Chase, walls, &c. of any forest, park, &c. Purlieu, ancient Walk, Park, Paddock, Wood, or other 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) destroy deer; See post, stat. 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 with intent to 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. ment where such penalties shall not be paid on conviction, and sufficient distress cannot be found for raising such penalties, be it further enacted, that it shall and may be lawful for the Justice or Justices of the Peace, before whom any offender shall be convicted of having incurred any pecuniary penalty of this Act, immediately after such conviction, to order him or her into custody, in case, he or she shall not immediately pay the penalty due on such conviction, during such time, not exceeding three days, as such Justice or Justices shall think proper to allow for return of the warrant for raising the penalty by distress and sale as aforesaid. 16 G. 3. c. 30. s. 12. Provided always, that if it shall appear to the satisfaction of If party have no such Justice or Justices, either by the confession of the party committed forthgoods, he may be convicted or otherwise, that such party hath not goods or with. chattels sufficient whereon to levy the penalty or penalties so due, then and in such case the said Justice or Justices shall and may, without issuing any warrant of distress, proceed to commit the party so convicted, as if a warrant of distress had been issued, and a nulla bona returned thereon. s. 13. security for pay Provided also, that if any person, committed for any first Parties may give offence against this Act shall, before his commitment to prison, ment of penalties procure security to be given by two sufficient sureties, to the within six days. satisfaction of the Justice or Justices before whom he shall be so convicted, for payment of the penalty or penalties incurred, with the charges incident, within six days, inclusive of the day' of conviction, then and in such case it shall be lawful for such Justice or Justices to accept such security, and upon nonpayment thereof at the time to be stipulated for that purpose, to cause the party convicted, and his said sureties, to be apprehended by warrant under his or their hand and seal, or hands and seals, and then to commit to the common gaol of the county or place where the offence was committed, for such space of time as the party convicted was subject and liable to have been imprisoned in case no such security had been given, unless the penalty or charges shall be sooner paid. s. 14. &c. of deer, or It shall and may be lawful for any Keeper or Underkeeper of Keeper of any any Forest, Chace, Purlieu, ancient Walk, Paddock, Park, or forest, park, &c. may apprehend other ground inclosed, where Deer are, have been, or shall be persons hunting, usually kept, and their servants or assistants, to seize and appre- laying any net, hend, upon the spot, any person or persons whom they shall &c. therein. discover in the actual fact of hunting, coursing, killing, wound- See post, stat. ing, shooting at, taking, destroying, or carrying away any red 57 G. 3. c. 90. or fallow Deer from any such Forest, Chace, Purlieu, or ancient S. 2. Offenders may be discharged upon consent of the prosecutor and owner of the forest, park, &e Offenders making discovery, &c. not liable to penalties. Convictions shall be certified to the Sessions. Walk, whether inclosed or not, or in any inclosed Park, Paddock, Wood, or in any other inclosed ground, or attempting so to do, or in setting or laying any Net, Wire, Slip, Noose, Toyle, Snare, or other Engine therein, for the taking, killing, or destroying of Deer therein, and to carry such offender or offenders before some neighbouring Justice of the Peace having Jurisdiction, to be dealt with according to Law. 16 G.3. c.30. s. 15. In case any offender, for his first offence against this Act shall, for want of a sufficient distress, be committed to gaol, and shall, whilst in gaol, obtain the consent in writing of the prosecutor, and also of the Owner, Ranger, Forester, Keeper, or other person chiefly intrusted with the care of the Deer in the Forest, Chace, Purlieu, ancient Walk, Park, Paddock, or Place, wherein the offence was committed, for his enlargement; that then, and in every such case, it shall and may be lawful to and for the Justices of the Peace having jurisdiction, at their Quarter or General Sessions, to cause such offender to be brought before them, and thereupon by their order to direct the keeper of such gaol to set such offender at liberty; and the said Keeper is hereby directed to obey such order accordingly, any thing hereinbefore contained to the contrary notwithstanding. s. 16. And, for the better discovery of offenders against this Act, be it further enacted, that any person who shall offend against this Act, and shall make discovery of any other person or persons who hath or have offended against the same, so as he, she, or they be duly convicted of such offence according to this Act; then and in such case such discoverer shall be discharged of all the forfeitures and penalties of this Act, by him, her, or them incurred previous to such discovery. s. 17. And, in order to prevent the quashing of convictions of offenders against this Act for want of form, be it further enacted, that the conviction and convictions of all and every offenders against this Act shall be certified by the Justice or Justices of the Peace before whom the same shall be made, to the next General Quarter Sessions of the Peace, to be filed amongst the records of the said Sessions; and that such conviction shall be fairly written on parchment or paper in the following form of words, as the case shall happen, or in any other form of words to the like effect; that is to say, (to wit,) Form of convic- BE it remembered, that on the tion. in the year day of A. B. was, upon the complaint of C. D., convicted before of the Justices of the Peace for in pursuance of an Act passed in the reign of his Majesty king George the third, for (as the case shall be). Given under written. year of the hand and seal, the day and year above Which said conviction shall be good and effectual in law to all intents and purposes, and shall not be quashed, set aside, or adjudged void or insufficient, for want of any form of words whatsoever. 16 G. 3. c. 30. s. 18. ditions Certic rari to be allowed. No Certiorari shall be allowed to remove any Conviction On what conmade, or other Proceedings of, for, or concerning any matter or thing in this act, unless the party or parties convicted shall, before the allowance of such Certiorari, become bound to the person or persons prosecuting in the Sum of One hundred Pounds, with sufficient Sureties as the Justice or Justices of the Peace before whom the Offender was convicted, with condition to pay unto the said Prosecutors, within Thirty Days after such Conviction confirmed, on a Procedendo granted, their full Costs and Damages, to be ascertained upon their Oaths; and shall become also bound to the Justice or Justices of the Peace before whom such Conviction was made, with such sufficient Suretiesas such Justice or Justices shall approve of, in the Penalty of Sixty Pounds for each Offence, with condition to prosecute such Writ of Certiorari with effect, and to pay such Justice or Justices the Forfeitures due by such Conviction, to be distributed as by this Act is directed, or to render the person or persons convicted to such Justice or Justices within Thirty Days next after such Conviction shall be confirmed, or a Procedendo granted; and that in default thereof it shall be lawful to proceed to the levying of the Penalty mentioned in such Conviction, in such manner as if no such Certiorari had been awarded. s. 19. confirmation of After the confirmation of any Conviction or Convictions upon How Justices to this Act, by any of the superior Courts at Westminster, and de- proceed after livering the Rule to the said Justice or Justices, whereby such convictions. Conviction or Convictions hath or have been so confirmed, it shall and may be lawful for such Justice or Justices to proceed against the party or parties convicted, in the same manner as if a Procedendo had been granted. s. 20. may appeal to the Provided always, that if any person or persons shall think Persons aggrieved him, her, or themselves aggrieved by the Judgment or Deter- Quarter Sessions; mination of any Justice or Justices of the Peace, upon Conviction of or for any of the Offences in this Act, and shall not have sought his remedy by removing the matter by Certiorari as |