212 
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and half to tlic poor. And if fuch pcrfon fhall refitfe 
or negledt to pay the fame, or to give fecurity for the 
payment thereof, fuch juilice (hall by his warrant caufe 
the fame to be levied by dillrefs: and the faid judice 
may order fuch offender to be detained in cuffody, until 
return may conveniently be had to the warrant of dif- 
trefs, unlefs the party give fufficient fecurity, by recog¬ 
nizance or otherwife, to the fatisfattion of fuch juftice, 
for his appearance before the faid juftice on the day ap¬ 
pointed for the return of the faid warrant, not exceed¬ 
ing feven days from the taking fuch fecurity: and if 
upon fuch return, no fufficient diftrefs can be had, the 
faid juftice fliall commit the offender to the common 
gaol or houfe of correflion for three calendar moiiths, 
unlefs the forfeiture fhall be fooner paid; or until fucli 
ofl'ender, thinking himfelf aggrieved by fuch conviftion, 
fhall give notice to the informer that he intends to ap¬ 
peal to the next feffions, and fliall enter into a recogni¬ 
zance before a juftice witli two fufficient fureties condi¬ 
tioned to try fuch appeal, and to abide the order of, and 
pay flit h cofts as fhall be awarded by the juftices at fuch 
lefiions; which notice fliall not be lefs than fourteen 
days before the trial of the appeal. And the juftices at 
Inch fellions, on proof of fuch notice and recognizance, 
fliall determine tlie appeal in a fummary w'ay, and award 
cofts to cither party, as they fliall judge proper. 
And if the ofl'ender dw'ells in another county, the juf¬ 
tice before whom the inforniationor indictment was made, 
may direCt his warrant of apprehenflon and diftrefs to 
any conftable where the offence was committed, to be by 
him carried to a juftice near refiding where the offender 
dwells, to be figned by him on the back of the laid war¬ 
rant, on proof on oath of the hand-writing of the juftice 
who fii li granted the warrant ; which indorfement Ihall 
be luflicient authority for the conlrable of the place 
where he dwells^ or where his goods and cliattels are, or 
lor the conftable who brings the warrant to be indorfed, 
to apprehend and convey the offender before the juftice 
v/ho nrft granted the warrant, or any other juftice of 
that county where the offence was committed, or for 
fuch conftable to levy the penalty by diftrefs ; andalfo, 
in cafe where no fufficient diftrefs can be had, to convey 
theoffender before the juftice who firft granted the war¬ 
rant of diftrefs, or any other juftice of that county where 
tlie offence was committed, to be dealt with according to 
law. And the juftice who indorfed the warrant fhall 
diredt the conftable or other perl'on making the diftrefs, 
to deliver over the money levied to the juftice who firft 
granted the warrant; and it fuch conftable or other per- 
fon fliall negledt or refufe to pay fuch liini, or deliver 
over all proceedings upon fuch diftrefs or warrant of ap- 
prehenfion, the juftice who firft granted the warrant, or 
tlie juftice who indorled it, may commit him to the 
common gaol or houfe of correefion for fix months, or 
till the money fliall be paid, and the proceedings deli¬ 
vered over. And no order made, or any other proceed¬ 
ings upon this adt, fhall be quaflied for want of form, 
or removed by certiorari or other writ into any of the 
courts of record at 'Welhninfter. 
[In refpetf to the third oft'ence, here feems to be an 
inconflltency. The former part of the act fays, if the 
ofl'ender fliall not, upon convitfion by indidtment at tlie 
leiiions, pay into court the penalty of 50I. he fliall be 
committed to the gaol or houfe of correction for not lefs 
than fix months nor more tlian twelve.—The latter part 
of the adt lays, the faid penalty fhall be levied by dif- 
trefs j and if no diftrefs can be liad, the offender fliall be 
committed to tlie gaol or houfe of corretlion for t/iree 
months; witli power of appealing to the fellions then next 
following; with other civcuniflances fecmingly abfuid. ] 
And moreover by the 39 &40 Geo. I!, c. 30, after re- 
citing that idle and diforderly perf'ons frequently aft'em- 
ble and aftill each otiier in the deftrudtion of game in 
the night, and if inteiTupted arc guilty of violence, to 
ME. 
the terror of the people : It is enadled, that if any per- 
fons to the number of two or more, fiiall enter into, or 
be found in,, any foreft, chafe, park, wood, plantation, 
paddock, field, meadow, or other open or inclofed 
ground, in the night, namely, between eight at night 
and fix in the morning from the iftof October to,the iff 
of February, or between ten at night and four in the 
morning from the iff of February to the iftof Ofteber, 
having any gun, net, engine, or other inftrument, for the 
purpoff and with the intent to deftroy, or fliall wilfully 
deftroy, take, or kill any hare, pheafant, piartridge, 
heath-fowl, commonly called Hack game, orgroufe, com¬ 
monly called red game, or any other game: or if any 
perfoii fliall be found with any gun, fire-arms, bludgeon, 
or Ollier offenfive weapon, protecting, aiding, abetting, 
or aflifting, any fuch perfons as aforelaid, the ranger, 
owner, or occupier thereof, or their keepers or fervants, 
or any other pierfbn, may apprehend any fuch ofl'ender, 
and deliver him into the cuftody of a peace officer, wh® 
ftiall convey him before a juftice: or in cafe any fuch 
offender lliall not be fo apprehended, any juftice, on in¬ 
formation on oath of one witnefs, may iffue his warrant 
to apprehend fiich offender; and if it fhall appear to 
fuch juftice on the oath of one witnefs that fuch perfon 
is guilty of any of the offences aforcf'aid, he fliall be 
deemed to be a rogue and a vagabond within the mean¬ 
ing of tlie 17 Geo. II. c. 5, and fhall fuffer as therein 
direfted ; and in cafe any perfon fb conviCIed, fhall of¬ 
fend again, he fliall be deemed an incorrigible rogue, 
and fhall fiifter accordingly. 
Every perfon who fliall fell, or buy to fell again, any 
hare, fliall, on conviction at the affizes or feffions, or 
beiore two juftices out of feffions, forfeit for every liare 
los. half to the poor, and half to him that will fue. 
I Jac. c. 2-].. f. 4. 
By the Black ACt before mentioned, if any perfon, 
armed and difguifed, fliall appear in any warren or pilace 
where hares are ufually kept, or unlawfully rob any 
fuch warren; or (wliether armed and difguiled or not) 
fliall refeue any perfon in cuftody for either of the faid 
offences, or procure any to join wfith him in any fuch 
unlawful a( 5 t; lie fliall be guilty of felony without be¬ 
nefit of clergy. 
It may here be proper to remark, that the law above 
recited for tlie prefervation and encouragement of the 
breed of hare, applies as well to perfons qualified, as to 
thofe who are not qualified. It has been infilled upon 
that qualified perfons, iiiafmuch as they have a right to 
buy, may likewife fell, game; but it is not fo. This 
traffic, of buying game to fell again in the large -way for 
the London market, has been carried on in feileral parts 
ol England witli iiiipiinity, by perfons who have thought 
it w'orth tlicir while to purclial'e land for a qualification, 
with this foie view, and for the privilege of freeing or 
guaranteeing it fafe into London; but let it be remem¬ 
bered that they are amenable to every penal ftatute now 
in force whicli prohibits the Jale of game.—It is alfb to 
be noticed liere, that though there are ftated periods or 
feafons in which alone the winged game is allowed to be 
piirl'ued and killed ; yet it is not fo with the hare: this 
timid unoffending creature is allowed no. refpite by law, 
not even for a breeding time ; biit may be hunted, 
courfed, and killed, except on Sundays and Chriftnias- 
day, by qualified perfons, all the year round. Shame, 
however, in fonie, and the hope of greater plenty for 
fport, in others, have, by a fort of remorlelefs conf’ent, 
influenced the bulk both of I'poi clmen and of poachers 
to defift from killing hares after Eafter Monday ; but 
they are eager to begin again as early as July or Auguft, 
the inftant the clover is carried, and the corn begins to 
fall, whereby the leverets are difturbed, and become an 
caly prey to the voracity of man!—V/hy fhoiild the le- 
giflature refufe to hare the temporary repofe it has 
granted to partridge, pheafant, groufe, &c. ? 
If 
