THE GUN AT HOME AND ABROAD 
(e.g., for rent, rates, or taxes) and pass to the executors on behalf of the 
personal representatives of the deceased owner.* For this reason the 
stealing of tame deer is larceny at common law under the following statute: 
THE LARCENY ACT, 1861 
24 & 25 Viet., c. 96 
Under section 12 of this Act a penalty of £50 is imposed on any person 
who shall unlawfully and wilfully hunt, course, snare, carry away, kill 
or wound any deer in the uninclosed part of any forest, chase, or purlieu, 
and a second offence is deemed to be a felony, punishable by imprison- 
ment, for a term not exceeding two years; and under section 13 a person 
committing any of these acts in the inclosed part of a forest, or in any 
inclosed land where deer are usually kept, shall be deemed guilty of felony 
and liable, on conviction, to imprisonment for a term not exceeding two 
years, with or without hard labour. 
By section 14 any suspected person found in possession of venison 
and failing to satisfy the justice before whom he may be summoned that 
he came lawfully by the same, shall, on conviction, be liable to a fine of 
£20. A similar penalty is incurred under section 15 for setting any snare 
or other engine for taking deer or breaking down park fences. 
In England there are no summary remedies by statute against tres- 
passers in pursuit of wild deer, and recourse can only be had to an action 
at law for trespass. f It is otherwise, however, in Scotland, where, under 
section 5 of 2 & 3 Will. IV, c. 68, J any person entering upon land without 
leave of the proprietor in search or pursuit of game, or deer (or in search 
of woodcocks, snipes, quails, landrails, wild ducks, or conies) is liable 
to a penalty of 40s. and costs. 
In Ireland, under the provisions of 10 Will. Ill, c. 8, section 5, no one 
may shoot a deer at any season of the year, except on his own ground, or 
(if a servant) on the ground of his employer, with a written warranty from 
him, under a penalty of £5, and, as in England, a game licence is required. § 
*The cases which support this view are Morgany. Lord Abergavenny, 8 C.B. 768; Ford v. Tynte, 31 L.J. Ch. 177; 
and Davies v. Powell, Willes’s Rep. 46. 
fWarry, Game Laws of England, 1896, p. 156. 
X “An Act for the more effectual prevention of Trespasses upon property by persons in pursuit of Game in that 
part of Great Britain called Scotland, 17 July, 1832.” This is the corresponding Act to the English Game Act 
passed in 1831, namely 1 & 2 Will. IV, c. 32, and applies exclusively to Scotland. See Irvine, Treatise on the Game 
Laws of Scotland, 3rd ed., pp. 149-150. 
§ Connor, Game Laws of Ireland, p. 40; Farran, Game Laws of Ireland, 1907, p. 7. 
324 
