POWER TO ENACT GAME LAWS. 561 



shall deal in game without a license. In England an excise 

 license is not required to enable a person to deal in game 

 killed abroad.!® To warrant a conviction for buying game 

 from an unlicensed person, it is sufificient to prove that the 

 dealer bought or obtained game from an unauthorized person 

 without proving guilty knowledge on his part." 



Where a pheasant breeder set pheasants' eggs to be hatched 

 under barnyard hens, reared young birds in coops or pens, 

 cutting one wing ofif each to assist in its identification and 

 prevent its escape and sold the pheasants to the public, it 

 was held that he was liable for the penalty of dealing in game 

 without a license, as the pheasants were game and not tame 

 birds, though reared under hens.^® Taking, killing and pur- 

 suing without a license is one ofifense.^® 



A complaint charging the use of a prohibited kind of gun 

 of a certain calibre must say that it was for the purpose of 

 killing game or animals.^" 



Concerning penalties for ofifenses against the game laws, it 

 was said in a Minnesota case: "The punishment for offenses 

 against game laws are usually graduated in one of two ways, 

 — either by making the unlawful killing or possession of each 

 animal a separate and distinct ofifense, or (which works out 

 the same result) by graduating the penalty according to the 

 number of animals killed or possessed, so that the greater the 

 offense, the greater the punishment. This method of gradu- 

 ating punishment is distinctly recognized in many of our 

 criminal statutes. Our game law is not more severe in its 

 penalties than the game laws of other States, the validity of 

 which in this respect has rarely been questioned, so far as we 

 have discovered." ^' 



Each member of a firm which is in possession of three 



" Pudney v. Eccles, [1893] i Q- B. 52- 



" Reg. V. Muirhead, 51 J. P. 760. " Harnett v. Miles, 48 J- P- 455- 

 " Laxton v. Jefferies, 58 J. P. 318. 

 " Ex parte Peterson, 119 Cal. 578. 

 " State V. Rodman, 58 Minn. 393, 402. 

 36 



