282 THE GAME LAWS. 



any greyhounds, setting-dogs, hays, lurchers, tunnels, or any 

 other engines, (f ) to kill and destroy the game, and shall be 

 thereof convicted upon the oath of one witness, by the justice of 

 peace where such offence is committed, he shall forfeit the sum 

 of 5) one half to go to the informer, and the other half to the 

 poor of the parish, to be levied by distress, (g) under the war- 

 rant of a justice, and for want of (h) distress, the offender shall 

 be sent to the house of correction for three months, for the first 

 offence ; and for every after offence, four months ; and any jus- 

 tice of the peace, or lord or lady of manors, are allowed to take 

 away hare or other game, and likewise any dogs, nets, or any 

 other engines which shall be in the custody of any persons not 

 qualified to keep the same, to their own use. 



And by 22 and 23 Car. 2. cap. 25. section 2, it is provided, 

 that gamekeepers, or any other persons, by warrant of a justice 

 of the peace, may, in the day time, search the houses, or other 

 places of any such persons prohibited by this act to keep or use 

 any dogs, nets, or other engines aforesaid, and the same seize 

 and keep for the use of the lord of the manor ; or otherwise to 

 cut in pieces or destroy the things so prohibited. 



By 4- and 5 W. and M. c. 23. it is enacted, that if any infe- 

 rior tradesman, (i) apprentice, or other dissolute person, shall 



(f ) It has been held, that a gun is not such an engine, the bare keep- 

 ing of which is penal; it must moreover be shewn to be used for the 

 destruction of game. 2 Stra. 1098. It is also observable, that though 

 using a gun and a dog are both separately penal, yet, per Lord Kenyon, 

 Ch. Justice, if a person go out with a gun and a dog the same day, he is 

 subject to but one penalty. 7 Term Rep. 152. 



(g) Goods destrained for penalties under the game laws are not 

 repleviable. 



(h) The justice cannot commit, if the offender have effects sufficient 

 to answer the penalty. 



(i) It hath been adjudged, that if any person be an inferior trades- 

 man, within the meaning of this act, it makes no difference as to his 

 qualification by estate. 1 Lord Raym. 142. 



