440 THE GAME PRESERVER'S GUIDE. 



case such person shall not immediately deliver up such game, to seize 

 and take the same from him, for the use of the person entitled to the 

 game upon such land, forest, park, chase, or warren. 



XXXVII. Application of penalties for offences against this act. 

 And be it enacted, that every penalty and forfeiture for any offence 

 against this act (the application of which has not been already provided 

 for) shall be paid to some one of the overseers of the poor, or to some 

 other officer (as the convicting justice or justices may direct) of the 

 parish, township, or place in which the offence shall have been com- 

 mitted, to be by such overseer or officer paid over to the use of the general 

 rate of the county, riding, or division in which such parish, township, or 

 place shall be situate, whether the same shall or shall not contribute to 

 such general rate ; and no inhabitant of such county, riding, or division 

 shall be deemed an incompetent witness in any proceeding under this 

 act by reason of the application of such penalty or forfeiture to the use of 

 the said general rate as aforesaid. 



XXXVIII. Time for payment of penalties, and scale of 'imprisonment 

 for non-payment. And be it enacted, that the justice or justices of the 

 peace by whom any person shall be summarily convicted and adjudged 

 to pay any sum of money for any offence against this act, together with 

 costs, may adjudge that such person shall pay the same either imme- 

 diately or within such period as the said justice or justices shall think 

 fit, and that in default of payment at the time appointed such person 

 shall be imprisoned in the common gaol or house of correction (with or 

 without hard labour), as to the justice or justices shall seem meet, for 

 any term not exceeding two calendar months where the amount to be 

 paid, exclusive of costs, shall not amount to five pounds, and for any 

 term not exceeding three calendar months in any other case, the impri- 

 sonment to cease in each of the cases aforesaid upon payment of the 

 amount and costs. 



XXXIX. Gives the form of conviction. 



XL. Power to summon witnesses. Penalty for disobedience of sum- 

 mons, &c. And be it enacted, that it shall be lawful for any justice of 

 the peace to issue his summons requiring any person to appear before 

 himself, or any one or two justices of the peace, as the case may require, 

 for the purpose of giving evidence touching any offence against this act ; 

 and if any person so summoned shall neglect or refuse to appear at the 

 time and place appointed by such summons, and no reasonable excuse 

 for his absence shall be proved before the justice or justices then and 

 there present, or if any person appearing in obedience to such summons 

 shall refuse to be examined on oath touching any such offence by the 

 justice or justices then and there present, every person so offending shall, 

 on conviction thereof before the said justice or justices, or any other 

 justice^or justices of the peace, forfeit and pay such smn of money, not 

 exceeding five pounds, as to the convicting justice or justices shall seem 

 meet. 



XLL Time for proceedings, and mode of enforcing the appearance of 

 offenders. And be it enacted, that the prosecution for every offence 

 punishable upon summary conviction by virtue of this act shall be com- 

 menced within three calendar months after the commission of the offence ; 



