340 THE WILD-FOWLER. 



as well as quails, landrails, rabbits, &c. But if the tenant, not 

 having the rig-lit to kill game on the occupation, gives leave to a 

 stranger to kill snipes, woodcocks, &c., the stranger will do so at his 

 peril : if he acts on the tenant's leave, he will be liable to a penalty, 

 and, in default of payment, to imprisonment.* The tenant, however, 

 may bond fide employ his servants to kill them.f 



Trespaisers. — Persons (not having game-certificates) trespassing, 

 by day, in search of snipes or woodcocks, are liable to a fine not 

 exceeding £2 ; and if such persons trespass, together to the number 

 of five or more, they are liable to a penalty not exceeding £5 each 

 person. Wild-fowl are not within the pale of this law : but tres- 

 passers in pursuit of wild-fowl, by breaking and entering another's 

 land without lawful authority, would be liable for an ordinary tres- 

 pass ; and, if no other damage could be assigned, the treading down 

 and bruising the herbage would be sufficient.]: 



Penalties, and Exemptions. — A person liable under sec. 30 to the 

 £5 penalty for killing game without a certificate, is not liable for 

 killing- woodcocks or snipes ; but he is liable to the £20 penalty 

 under 52nd Geo. III., cap. 93, and also to the further dut}^ charged 

 on a game-certificate. The latter penalty and duty are expressly 

 referred to in sec. 23 of the statute 1st and 2nd Wm. IV., cap. 32, 

 which enacts that the present statute is not to aifect the existing 

 laws as to game-certificates. 



Bgrjs of Wildfowl, Penalty for talcing or destroying. — By 1st 

 and 2nd Wm. IV., cap. 32, sec. 24, it is enacted, " That if any per- 

 son not having the right of killing the game upon any land, nor 

 having permission from the person having such right, shall Avilfully 

 take out of the nest or destroy in the nest upon such land, the eggs 

 of any swan, wild-duck, teal, or widgeon ; or shall knowingly have in 

 his house, shop, possession, or control any such eggs so taken, every 

 such person shall, on conviction thereof before two justices of the 

 peace, forfeit and pay for every egg so taken or destroyed, or so 

 found in his house, shop, possession, or control, such a sum of money, 

 not exceeding 5s., as to the said justices shall seem meet, together 

 with the costs of the conviction." 



See also " The Law of Decoys," ante, page 76 ; " Herons," page 

 196 ; " Swan Laws," page 208. 



* Vide 1st and 2nd Wm. IV., cap. 32, sec. 30. 



t Spicer and others v. Barnard, vol. vii. W. R., p. 467. 



X Blackstone's Com., vol. iii., p. 209 ; 2 Selv^n's Nisi Prius, p. 1295, 12th ed. 



