G A 
Fishery, vol. vij. p. 419, to which we beg to refer the 
reader. 
Of deer. 
For tlie general prefervation of the deer in parks, fo- 
refts, and chafes, ievei'al ancient ftatiites were put in 
force, fuch as Hat. 3 Edward I. c. 20, by which thofe 
trefpafiers who had been convicted, and could not find 
furety, were compelled to abjure the realm. Allb, 
21 Ed. I. ft. 2, intitled De male faEloribus- in parcis \ by 
which it was made juftifiable homicide to kill deer- 
ftealers who fliould defend themfelves by force of arms, 
or flee tlieirpurfuers to avoid the law. Alfo, i Hen. VII. 
c. 7, by which it was made felony in any perfon wilfully 
to conceal the hunting or killing of deer in the royal forefts 
and parks. This was followed by flat. 1 J. c. 27. which 
made it penal in thofe who fliould buy or fell any venifon 
or deer. And by 5 G. c. 28, thofe who (hoiild be con- 
vidled of killing or wounding any red or fallow deer, 
were fubjefted to tranfportation for feven years. 
By the 16 Geo. HI. c. 30, (which repeals in whole or 
in part, the preceding ftatutes,) and by the 42 Geo. III. 
c. 107, (which repeals the ift aiSt of the 16 Geo. III.) 
the law now in force for the prefervation of deer, is as 
follows;—If any perfon fhall courfe or hunt, or fliall 
take in any flip, noofe, toyle, or fnare, or fliall kill, 
wound, or deftroy, or lliall fhoot at, or otherwife attempt 
to kill, wound, or deftroy, or fliall carry away, any red 
or fallow deer, in the inclofed part of any foreft, chafe, 
purlieu, or ancient walk, or in any inclofed park, pad- 
dock, wood, or other inclofed ground, where deer are, 
have been, or fliall be, ufually kept; without the con- 
fent of the owner, or w'ithout being otherwife duly au- 
thorifed ; or fliall be aiding, abetting, or afliftiiig therein 
or thereunto : every perfon fo offending fliall be guilty 
of felony, and adjudged to be tranfported for feven years. 
42 G«o. III. c. 107. And every perfon who fliall commit 
any of the faid offences in the uninclcfed part of any fuch 
foreft or other ground, or fliall be abetting therein as 
aforefaid, fhall for every fuch offence forfeit jol. And 
if the offender fhall be a keeper of or intrufled w'ith the 
cuftody or care of fuch deer, he fhall forfeit double. 
It fhall be lawful for one juftice, on complaint to him 
made on oath by any credible perfon, that there is rea- 
fon to fufpeclany perfon of having in his cuftody or pof- 
feflion, or in any dwelling-houfe, out-houfe, yard, gar¬ 
den, or place, any red or fallow-deer which fhall have 
been unlawfully killed, or the head, fkin, or other part 
thereof, or any flip, noofe, toyle, fnare, or other engine, 
for the unlawfully taking of deer, by his warrant to 
caiife fuch perfon, and fuch dwelling-houfe, out-houfe, 
garden, or place, to befearched; and if any fitch fhall be 
found, to caiife the fame, and fuch perfon fo having pof- 
felTion, or in whofe dwelling-houfe, out-houfe, garden, 
or other place, the fame fhall be found, to be brought 
before any juftice having jurifdidtion; and if fuch per¬ 
fon fhall not produce before fuch juftice the party of 
whom he received the fame, or fatisfy fuch juftice that 
he came lawfully by fuch deer, or the head, fkin, or 
other part thereof, or had a lawful occafion for fuch 
flip, noofe, toyle, fnare, or other engine, or did not keep 
the fame for any unlawful purpofe ; he fhall forfeit not 
exceeding^ol. nor lefs than lol. at the diferetion of fuch 
jufticei i6Gm. III.c. 30, • ■ 
And if any red or fallow deer fufpefted tOjhav,? been 
unlawfully killed, or the head, fkin, or other part of 
fuch deer, fhall, on fearch under a warrant from a juf¬ 
tice, be found in the pofleflicn or cuftody of any perfon, 
or in any dwelling-houfe, out-houfe, garden, or other 
place, or fhall be proved to have been in the pofleflion, 
houfe, out-houfe, garden, or place, of any perfon who 
may be juftly fufpeefted to have come difhoneftly or un¬ 
lawfully by the fame as aforefaid ; and fuch perfon fo in 
imfreflion, or the owner or occupier of fuch dwelling- 
' VoL. VIIL No. 49C. 
M E. 209 
houfe, out-houfe, garden, or other place, fliall not, un¬ 
der the proviflons aforefaid, be liable to convidlion ; in 
fuch cafe, for the difeovery of the party who adhially 
killed or ftole fuch deer, it fhall he lawful for any juftice 
having jurifdidlion, as the evidence given and iJie cir- 
cuniftance of the cafe fhall require, to fummon before 
him every perfon tlirough whofe hands fuch deer, or 
the head, fkin, or other part thereof, fliall appear to 
have paffed ; and if the perfon from whom fuch deer, or 
tJie head, fkin, orotlier part tliereof fhall appear to’havc 
been firft received, or who having had poireftion thereof, 
fliall not give proof to the fatisfaCtion of fuch juflice, that 
he came lawfully by the fame, fuch perfon fhall, on every 
conviftion, forfeitnotexceeding3ol. nor lefsthan lol. 
And if it fliall appear on the oath of one witnefs, that 
any perfon hath, or hath had, in his pofTeftion, houfe, 
out-houfe, garden, or place, any red or fallow deer, or 
the fkin, liead, or other part tliereof, and fliall be rea- 
fonably fufpef-ted to have come diilioneftly or unlaw¬ 
fully thereby ; every fuch perfon, and all otliers through 
whofe hands the fame (hall appear to have paft'ed under 
the like fufpicion, maybe proceeded againft in like man¬ 
ner and form, and on conviftion fliall be fubjeef and li¬ 
able to the fame penalty, as if fuch deer, or the head, 
fkin, or other part thereof, had been found in the pof- 
fellion, houfe, out-houfe, garden, or place, of fuch per¬ 
fon, on fearch made by warrant as aforefaid. 
If any perfon fhall fet, lay, or ufe, any net, ware, flip, 
noofe, toyle, or other engine, for the purpofe of taking 
or killing deer, within or upon any foreft, chafe, purlieu, 
or ancient walk, or in the ring or outer fence or bank 
dividing the fame from the adjoining lands ; or in any 
inclofed park, paddock, W'ood, or ground, where deer 
are, have been, or fliall be, ufually kept, and fliall be 
coiivifted of any fuch offence ; he fhall forfeit for the firft 
offence not exceeding lol. nor lefs than 5I. and for every 
other offence any fum notexceeding 20I. nor lefs than lol. 
If any perfon, carrying any gun or other fire arms, or 
any fword, ftaff, or other otfenfive weapon, fhall come 
into any foreft, chafe, purlieu, or ancient walk, or into 
any inclofed park, paddock, wood, or into any other 
ground where deer are ufually kept, be the fame inclofed 
or not inclofed, with an intent unlawfully to fhoot at, 
courfe, or hunt, or to take in any flip, noofe, toyle, 
fnare, or other engine, or to kill, vi outid, deffroy, or to 
take away, any red or fallow deer; it fliall be lawful for 
the ranger or keeper or perfon intrufled with the care of 
fuch deer, to feize and take from fuch perfon, in and 
upon fuch foreft, chafe, purlieu, ancient walk, park, 
paddock, wood, or other ground, for the ufe of the 
owner thereof refpeffively, all Inch guns, fire arms, 
flips, noofes, toyles, fnares, or other engines, and all 
dogs there brought for courfing deer, in hke manner as 
the gamekeepers of manors are iuipowered by law within 
their refpedtive manors, to feize and take dogs, nets, or 
other engines, in the cuftody of perfons not qualified by 
law to keep the ftime. And if any fuch perfon fhall 
there unlawfully beat or wound any ranger or keeper, or 
his fervants or affiftants, in the execution of their office, 
or fhall attempt to refeue any perfon in the lawful cuf¬ 
tody of any fuch ranger, keeper, fervant, orafli/tant; he‘ 
fhall be guilty of felony, and being convicted on indict- 
ment, fliall be tranfported to one of his majefty’s plan¬ 
tations in America for feven years. 
And it fhall be lawful for any keeper or under-keeper, 
and,their fervants or aliiftants, to feize and apprehend 
upon the fpot any perfon whom they (hall dilcover in 
tlie aftual fadl of hunting, courfing', killing, vvounding, 
fliooting at, taking, deftroying, or carrying away, any 
red or fallow deer, from any foreft, chafe, purlieu, or 
ancient walk, whether inclofed or not, or in any inclofed 
park, paddock, wood, or in any other inclofed ground, 
or attempting fo to do ; or in letting or laying any net, 
wire, flip, noofe, tovle, fnare, or other engine therein, 
3 H for 
