glO G A 
for the taking, killing, or deftroylng, of deer; and to 
carry fuch offender before fome neighbouring juftice, to 
be dealt with accord,ing to law. 
The pecuniary penalties on this adl may be recovered 
before one juftice, on the oath of one witnefs or confef- 
fion; half to the king, to be paid for his ufe into the 
hands of fuch perfon as the juftice fhall direiff, and hall 
to the informer. And in cafe of non-payment thereof, 
with the charges incident to the convidtion, immediately 
upon the convidlion, the fame fliall be levied by warrant 
of fucji juftice by diftrefs ; and for want of fufficient dil- 
trefs, the offender, except in fuch cafes where it is other- 
wife provided by this adl, fhall be committed to the 
common gaol for fix months, 42 Geo. III. c. 107. un- 
lefs the faid penalty and charges fhall be fooner paid. 
And if upon conviction lie doth not immediately pay 
the penalty, the juftice may order him into cuftody du¬ 
ring fucli time, not exceeding three days, as fuch juftice 
fhall think proper to allow for return of the warrant of 
diftiefs. 
Provided, that if it ftuill appear to the fatisfadlion of 
fuel) juftice, either by confeflion of the party or other- 
tvife, that he hath not goodsorchattelsfufticient wliereon 
to levy the penalty ; the juftice may, without iffuing 
any warrant of diftrefs, .commit the party convidted, as 
if a warrant of diftrefs had been ilfued, and a nulla bona 
returned thereon. 
Provided alfo, that if any perfon committed for any 
firft offence againft this adl fhall, before his commitment 
to prifon, procure fecurity to be given by two fufticient 
fureties, to the fatisfadtion of fuch juftice, for payment 
of the penalty with the charges incident, within fix days, 
incluiive of the day of convidiion ; the juftice may ac¬ 
cept of fuch fecurity, and on non-payment thereof at 
the time, may caufe the party and liis faid fureties to be 
apprehended by warrant, and commit them to the com¬ 
mon gaol, for fuch time as the party convidted was liable 
to have been imprifoned if no fuch fecurity had been 
given, unlefs the penalty [or] charges fliall be fooner 
paid. 
Finally; if an offender for his firft offence be com¬ 
mitted for want of fufficient diftrefs, and fliall, whilft in 
gaol, obtain the confent in writing of the profecutor, and 
alfo of the owner, ranger, forefter, keeper, or other per¬ 
fon chiefly intrufted with the care of the deer in the foreft 
or other place, for his enlargement; thejuftices in fef- 
fions may caufe him to be brought before them, and by 
their order may diredf the gaoler to fet him at liberty. 
Jf any offender fhall make difeovery of any other offen¬ 
der, lb as he be convidted ; he fliall be dilcharged of all 
the penalties of this adf by him incurred previous to 
fucli difeovery. 
No certiorari fhall be allowed to remove any convic¬ 
tion or other proceedings on this adt, unlefs the party 
convidted Ih.ill before tiie allowance of fuch certiorari, 
become bound to the prolecutor in lool. with fufficient 
fureties as the juftice before whom the offender was con- 
vicled \_Jkall approve 0/], wi ll condition to pay to the 
profecutor within thirty days after fuch convidtion con. 
firmed, [at?] a procedendo granted, his full cc'fts and da¬ 
mages to be afeertained upon his oatii;—and fhall alfo 
become bound to the juftice before whom the conviction 
tvas made, with fuch fufficient fureties as the juftice 
fti.iil approve of, in the penalty of 60I. with condition 
to } rofecute fuch writ of certiorari with eftedf, and to 
pay the juftice the forfeiture to be diftributed as by this 
act is directed, or to render to the juftice fuch perfon 
convidted, wiiliin thirty d..ys after the conviction fliall 
be confirmed, or a procedendo granted : and in default 
thereof, it ftiall be lawful to proceed to levy the penalty, 
as if no certiorari had been awarded. And after con. 
firmation of the convidtion by any of the fuperior courts 
at Weliminiter, and delivering to the juftice the rule 
whercl^ the convidtion hath been confirmed; he may 
ME.. 
proceed againft the party in the fame manner as if a pro. 
cedendo had been granted. 
But by a fubfequent claufe in the faid adt, it is enadt. 
ed, that no convidtion fhall be rernoved or removeable 
by certiorari, or any other writ or procefs whatfoever, 
into any of his majefty’s courts of record at Weftminfter • 
any law or ftatute to the contrary notwithftanding. 
[How far thefe feemingly contradidtory claufes are re. 
concileable, or whether either, or which of tJiem is in 
force, may afford matter of ferious confideration. In¬ 
deed, there feems to be a fatality attending thefe game 
laws ; feveral of the moft confiderable of them not hay. 
ing been digefted with that care and precifion which may 
be deemed lequifite, efpecially in cafes penal. And in 
the prefent cafe, the rolls have been confulted; and 
every one of the miftakes or omiffions Iierefpecified and 
placed between [ ], are to be found in the original roll • 
otlierwife fome of them might have been fuppofed to 
be only errors of the prefs.] 
If any perfon fhall think himfelf aggrieved by the de¬ 
termination of the juftice, and fliall not liave fought his 
remedy by removing the matter by certiorari as afore- 
faid, he may appeal to the general quarter feffions next 
after the expiration of twenty days from the time of the 
convidiion ; giving to the profecutor fix days’ notice in 
writing, of his intention of bringing and profecutino- 
fuch appeal, and of the matter thereof; and enterino- 
into recognizance before a juftice, with two fufficient 
fureties to be approved by the faid juftice on \^conviclion, ] 
to appear and try the appeal at fuch feifions, and to abide 
by the order or determination 'of fuch colirt, and for 
payment of fuch cofts and charges as fliall be awarded 
at the faid court. And if the convidiion fhall be there 
affirmed, the appellant fhall pay to the profecutor his full 
cofts, to be afeertained by order of the laid court. 
In the cafe of the K. v. Chandler, T. i2Will. Holt, 
Ch.J. in delivering the opinion of the court, upon a con¬ 
vidiion for deer Healing, faid, that in thefe convidlions 
by juftices of the peace in a fummary way, wliere the 
ancient courfe of proceeding by indidlment and trial by 
jury is difpenfed with, the court may more eafily dif- 
penfe with forms ; and it is fufficient for the juftices, in 
the defeription of the offence, to purfue the words of 
the llatute, and they are not confined to the legal forms 
requifite in indidlments for offences by the common law. 
I L. Raym. 581. 
In the cafe of the K. v. Eaton, it was determined, 
that a certiorari to remove a convidiion by a juffice on 
the above adl, a return that “ the record is returned to 
the feffions, and that a copy is annexed to tlie writ,” is 
fufficient. D.&E. 2 V. 285. 
Provided, that if any perfon, thinking himfelf ag¬ 
grieved as aforefaid, ftiall have paid the penalty, or fliall 
be then imprifoned; he may appeal againft fuch convic¬ 
tion as aforefaid on entering into recognizance by himfelf 
only, without furety, conditioned as before-mentioned ; 
the laid penalty I'emaining in the hands of fuch juftice, 
or fuch perfon continuing in prifon in the mean time, 
and until the merits of the appeal fhall be determined. 
16 Geo. III. y. 30. 
Provided allb, that no convidiion fliall be fet afide by 
tlie faid feffions for want of form, or for want of Hating, 
or through the mis-ftaling, of any fadts, circumftances, 
or matter whatfoever, in cafe the fadls alleged in the 
convidiion, or on which the fame fhall be grounded, 
ihall be proved to the fatisfadlion of the court; but the 
appeal fhall be decided on the merits of the cafe only. 
f. 23.—Profecutions on this adl fhall be commenced 
witliin twelve calendar montdis from the time of the offence 
cominicted, and not afterwards, y 25.—Though th«» 
ftatute mentions only red or fallow deer, yet the crofs 
breeds, fuch as what is called a baftard menald, bred 
from a menald buck and 4 fallow doc, are witjiin the 
adl, 2 Eajl'sP.C, c. 16. 
Th* 
