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§. 4. |
Hunting.
The Justice of Peace that shall take the Examination
of an Offender
for unlawful hunting in Parks, &c. as aforesaid, may after such Examination
bind the Offender to his Good Behaviour (as it seemeth) to the end
he may be forth-coming, till the Offence and Residue of the Offenders be
fully examined: Otherwise, if it shall after appear, that the Offender
hath
concealed any thing whereby the Offence becometh Felony, then the Offender
perhaps will not be found. |
Chap. 55. |
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Also all such unlawful Hunting, if it be by three
or more, will prove a
Riot. |
1 Jac. 27.
P. Pheasant
7. |
§. 5.
Greyhound. |
Whosoever shall have or keep any Grey-hound or Setting-dog,
(not having
sufficient living according to this Statute;) or shall trace or course
any
Hare in the Snow, or otherwise destroy, kill, or take any Hare; the said
Offences being proved, &c. before two Justices of Peace, the said Offenders
shall be by them committed to the Gaol, &c. Vide tit. Partridges
more fully hereof. |
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And yet Hunting and Hawking, and such other Pastimes,
every man
may use them upon his own Lands at his pleasure, so far as they be not
restrained by Act of Parliament. But no man may make a Park or Warren
within his own Ground, without the King's Grant or Licence; and
therefore such a Park or Warren (made without Licence) seems not to be
within the Statute of 1 H. 7. 7. See Br. Warren 1.
2 Co. Li. 233. |
Co. 11. 86,
87. |
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What a Park is, and the difference between a Park,
a Forest, and a
Chase, and what be Beasts or Fowls of Park, Chase, and Warren. Vide
Co. L. 233. |
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There be divers other Statutes made against Hunting,
&c. which be very
penal, but not to be dealt withal by Justices of Peace, except at their
General Sessions. See more of them hic postea, tit. Bailment &
Stat. 3.
Jac. Regis, hic. antea, tit. Guns. |
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If any shall hunt, destroy, and kill a Hare in
the Snow, and being thereof
convicted, shall forfeit Six shillings Eight pence for every one.
14 H.
8. 10. |
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§. 6.
Deer. |
If any person or persons shall unlawfully course,
kill, hunt, or take away
any Red or Fallow Deer in any Forest, Chase, Purlieu, Wood, Park, or
other ground where Deer are, or usually have been kept within England
or Wales, without the consent of the Owner, or party chiefly
trusted with
the custody thereof, or be aiding or assisting therein, and shall be convicted
thereof by Confession of the Party, or Oath of one or more credible Witnesses,
before one or more Justices of the Peace, being prosecuted within
six Months after the Offence done; shall forfeit for every such Offence
Twenty pounds to be levied by Distress upon the Goods and Chattels of
such Offenders; one Moiety to the Informer, the other to the owner of the
Deer: And for want of Distress, the Offender to be committed
to the
House of Correction for six Months, and there put to hard labour, or to
the Common Gaol for one whole year, at the discretion of the Justices before
whom the Conviction shall be, and not be discharged from thence until
sufficient Sureties be given for the Good Behaviour, for one whole year
next ensuing, after his or their enlargement. Provided, no Offender
punished by this Act shall incur any penalty of any other Law for the same
Offence. |
19 Car. 2.
c. 10. |
§. 7.
Search. |
One Justice of Peace, by Warrant by his Hand
and Seal, may Authorize
any Game-keeper (which any Lord of a Mannor, of the degree
of an Esquire, may appoint under his Hand and Seal) or any other person
or persons, to search in the day time the Houses, Out-houses, and
other places of persons thereby prohibited, as upon good ground |
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