GAME LAWS. 437 



By the 48th Geo. III. cap. Iv. the penalties against such as have 

 not obtained their certificates shall be sued for in like form as any 

 penalty may be sued for and recovered by the acts relating to the 

 duties under the management of the commissioners for taxes, or any 

 of the said acts (see 43 Geo. III. cap. xcix. s. 64.) ; by which the 

 penalties are recoverable before any two or more commissioners for 

 the affairs of taxes, who shall give judgment for the penalty, or for 

 such part thereof as the commissioners shall think proper to mitigate, 

 not being less than one moiety. 



The time prescribed for bringing an action of trespass, affecting 

 land (which is called an action quare clausumfregit), for the re- 

 covery of damages, is six years : but, if affecting the person (that 

 is to say, in a case of assault}, only four years. 



If a penal act should limit no time for laying an information to re- 

 cover a penalty, the common law allows the crown two years and the 

 subject one year for this purpose. 



With regard to cases where the possibility of bringing 

 an action, within the limited time, might be precluded 

 by the absence of either party, I have thought it ad- 

 visable to put the following questions to one eminent 

 in the profession, for the purpose of here giving brief 

 directions as to what should be done. 



Question. Supposing A should trespass on the lands of B, while 

 B is beyond the sea, can B sue for the trespass after his return ? 



Answer. He can, provided he commences his action against A 

 within the time limited (by the 21 Jac. I., cap. 16) after his return, 

 which is six years, and which would run from the time of his return. 



Question. On the other hand, supposing A, after having com- 

 mitted a trespass on the lands of B, should, before the expiration of 

 the period limited for commencing an action, go beyond the sea, can 

 B commence such action against A after his return ? 



Answer. Yes, he may (by the 4 and 5 Anne, cap. 16), pro- 

 vided he commences his action within the period limited. (By the 

 21 Jac.) 



Question. Again, supposing A and B both be in the kingdom, 

 and A, after having committed a trespass on the lands of B, to with- 

 draw himself to a distant part of it, and there secrete himself, till the 



