THE ENGLISH GAME LAW. 437 



by affixing such board as aforesaid, or by exhibiting any certificate, or 

 by any other device or pretence, to be a person licensed to deal in game ; 

 every such offender, being convicted thereof before two justices of the 

 peace, shall forfeit and pay such sum of money, not exceeding ten pounds, 

 as to the said justices shall seem meet, together with the costs of the 

 conviction. 



XXIX. As to buying and selling game by the servants of a licensed 

 dealer. Provided always, and be it enacted, that the buying and selling 

 of game by any person or persons employed on the behalf of any licensed 

 dealer in game, and acting in the usual course of his employment, and 

 upon the premises where such dealing is carried on, shall be deemed to 

 be a lawful buying and selling in every case, where the same would have 

 been lawful if transacted by such licensed dealer himself: provided also, 

 that nothing herein contained shall prevent any licensed dealer in game 

 from selling any game which shall have been sent to him to be sold on 

 account of any other licensed dealer in game. 



XXX. Penalty on persons trespassing in the daytime upon lands in 

 search of game. Where the occupier of the land, not being entitled to 

 the game, allows any person to kill it, the party entitled to the game may 

 enforce the penalty. And whereas after the commencement of this act, 

 game will become an article which may be legally bought and sold, and 

 it is therefore just and reasonable to provide some more summary means 

 than now by law exists for protecting the same from trespassers : be it 

 therefore enacted, that if any person whatsoever shall commit any tres- 

 pass by entering or being in the daytime upon any land in search or pur- 

 suit of game, or woodcocks, snipes, quails, landrails, or conies, such person 

 shall, on conviction thereof before a justice of the peace, forfeit and pay 

 such sum of money, not exceeding two pounds, as to the justice shall 

 seem meet, together with the costs of the conviction,* and that if any 

 persons to the number of five or more together shall commit any trespass, 

 by entering or being in the daytime upon any land in search or pursuit of 

 game, or woodcocks, snipes, quails, landrails, or conies, each of such per- 

 sons shall, on conviction thereof before a justice of the peace, forfeit and 

 pay such sum of money, not exceeding five pounds, as to the said justice 

 shall seem meet, together with the costs of the conviction : provided 

 always, that any person charged with such trespass shall be at liberty to 

 prove, by way of defence, any matter which would have been a defence 

 to an action at law for such trespass ; save and except that the leave and 

 licence of the occupier of the land so trespassed upon shall not be a suffi- 

 cient defence in any case where the landlord, lessor, or other person shall 

 have the right of killing the game upon such land by virtue of any reser- 

 vation or otherwise, as hereinbefore mentioned ; but such landlord, lessor, 

 or other person shall, for the purpose of prosecuting for each of the two 

 offences herein last before-mentioned, be deemed to be the legal occupier 



* At common law there is no necessity for the proof of "the entering 

 and being" upon the land, and if a man shoots into the soil, or wilfully 

 sends his dog upon it, he equally commits a trespass as if he went bodily 

 himself. 



