G A 
jng any hare in the night or on a Sunday and Chriflnias- 
day, as is above fet forth. 
And moreover, by 39 & 40 Geo. Ill, c. 50.—Idle and 
diforderly perfons, to the number of two or more, who 
diall deftroy any plieafant or paitridge in tlie niglit fliall 
be deemed rogues and vagabonds, and dealt \Vith ac¬ 
cordingly- 
Every perfon whatfoever, who fhall hawk at, deftroy, 
or kill, any pheafant or partridge, with any feipd of 
hawk, or dog, by colour of hawking, between the firli; 
of July and the lalt of Augult, fhall on convidtion be¬ 
fore two juflices, by confeflion, or oath of two witneifes, 
in fix months after the oftence, be committed to gaol for 
one month, unlefshe pay upon convidlion to the church¬ 
wardens or overfeers for the ufe of the poor 40s. for 
every fuch hawking at any pheafant or partridge, and 
20s. for every fuch pheafant or partridge which he, 
his hawk, or dog, fhall take or kill. tjac. c.ii. 
By the 2 Geo. III. c. 19.—No perfon fhall, upon any 
pretence whatfoever, take, kill, carry, fell, buy, or have 
in his pofreflion or ufe, any partridge, (fee the article 
Tetrao,) between [ifiof February and iff of Septem¬ 
ber, 39Geo.III. C.34.] or any pheafant (lee the article 
Ph A SI ANUS,) between February i, and Odlober i, 
yearly, on pain of forfeiting, on conviction by one wit- 
nefs, in any of the courts of record at Wefiminfter, 5I, 
for every fuch fowl, with full cofls. But this not to 
extend to any pheafant taken in the feafon allowed by 
this aCf, and kept in any mew or breeding place. All 
thefe fines and penalties extend alike to qualified and 
unqualified perfons. 
Of pigeons. 
A lord of a manor may build a dove-cote upon his 
own land, parcel of the manor ; but a tenant of a manor 
cannot do it without the lord’s licence. 3 Salk. 248. 
But any freeholder may build a dove-cote on his own 
ground. Cro. El. 548. Cro. Ja. 382.—And it hath been 
adjudged that ereCting of a dove-houfe is not a common 
nuifance, nor prefentable in the leet. Cro. Jac. 490, i. 
By the i James, c. 17.—Every perfon who fliall fnoot 
at, kill, or deflroy, any houfe-dove or pigeon with any 
gun or bow ; or fhall take, kill, or deftroy the f.ime witJi 
fetting dogs and nets, or with any manner of nets, fnares, 
engines, or inftruments whatfoever; fliall, onconviCfion 
before two juflices where the ofl'ence fliall be committed, 
or the offender apprehended, by confeffion or oath of 
two witneffes, be committed to gaol three months, un- 
lefs he pay to the churchw'ardens, for the ufe of the poor 
of the parifli where the offence was committed or the 
offender apprehended refpeClively, 206. for every pigeon, 
or after one month after his commitment become bound 
by recognizance with two fureties, before two juflices 
in 20I. apiece, not to offend again in like ntanner. The 
recognizance to be returned to the next feffions. 
And by tlie 2 Geo. III. c. 29.—If any perfon fliall 
ftioot at ivith an intent to kill, or by any means kill, or 
take,- with a wilful intent to deftroy, any houfe-dove or 
pigeon, and fhall be thereof conviCled, by confeflion or 
oath of one witnefs, before one juflice \\;here the offence 
was committed, or the party apprehended, he fliall for¬ 
feit 20s. to the profecutor; and if not forthwith, paid, 
fuch juftice may commit him to the gaol or houfe of 
correiflion, not exceeding three calendar months nor lefs 
than one, luilefs the forfeiture fliall be fconer paid. 
But this not to extend to the fhooting at or killing 
zuild pigeons, unlefs they are fhut up in a dove-houfe for 
the purpofe of being tamed or taken. i Hawk. P. C. c. 33. 
-—Perfons convicted on thisaif, fhall not be convitfed on 
any'former a6t; and profecutions on this aft ffiall be 
commenced and carried on with eff'eCf within two months 
after the ofl’ence committed ; and perfons imprifoned for 
default of payment of the penalty, fhall not be liable af¬ 
terwards to pay fuch penalty. 
But if the pigeons come upon my land, and I kill 
ME. 213 
them; tlie owner hath no remedy againff me; though I 
may be liable to the ftatutes which make it penal to de¬ 
ftroy them. Cro. Jh. 492.—Doves in a dove-liotife, young 
and old, fliall go to the heir, and not the executor. 
I Inf. 8.—See the article Co lumba, vol. iv. p. 815-S32. 
Of wild ducks, V/ILD GEESE, and other 
WATER FOWL. 
Every perfon who fliall flioot at, kill, or deftroy, with 
any gun or bow, any mallard, duck, teal, or widgeon; 
and the fame be proved by coiifeflion, or oath of two 
witneffes, before two juflices; fhall be committed to 
gaol for three months, unlefs he pay to the church¬ 
w'ardens for the ufe of the poor, 20s. for each fowl, or 
after one month after the commitment become bound 
by recognizance with two fureties, before two juflices, 
in 20I. each, not to offend again in like manner; vviiich 
recognizance fliall be returned to the next feffions. 
17. c. 27. 
No perfon, between the laft day of May and the laft 
day of Augufl yearly, fliall take, or caufe to be taken, 
any wild ducks, mallards, v/idgeons, teals, or wild geefe, 
with nets or other engines; on pain of a year’s inipri- 
fonnient, and to forfeit for every fowl fo taken 4d. half 
to the king, and half to him that will fue by aftion of 
debt: alfo the juflices of the peace may inquire of, hear 
and determine the fame, as in cafes of trefpafs. 25 //.VI 11 . 
c. II.—Neverthelefs, any gentleman, or any other that 
may difpend 40s. a-year of freehold, may hunt and take 
fuch wild fowl with their fpaniels only, without ufing a 
net or other engine except the long bow. 
But by a fubfequent ftatute, if any perfon whatfoever 
(betw'een June I, and Oft. i, yearly, 10 Geo. II. c. 32.) 
fhall by hays, tunnels, or other nets, drive and take any 
wild duck, teal, widgeon, or any other water fowl, in 
any place or refort for wild fowl in the moulting fea¬ 
fon; and fhall beconvifted thereof before one juftice by 
the oath of one witnefs; he fhall for every fuch fowl 
forfeit 5s. half to the informer, and half to the poor, by 
diftrefs, rendering the overplus above the penalty and 
charges of diftrefs; for want of diftrefs, to be committed 
to the houfe of correftion not exceeding one month, nor 
lefs than fourteen days, to be whipt and kept to hard la¬ 
bour. And the nets to be feized and deftroyed in the 
prefence of the juftice. 9 An. c. 25. 
No perfon, from March 31 to June 30, yearly, fhall 
take or deftroy the eggs of any mallard, teal, or other 
water fowl; on pain of a year’s imprifonmeiU, and of 
forfeiting for every egg one penny, half to the king, and 
half to him that will fue by aftion of debt; orthejufti- 
ces of the peace may determine the fame as in cafes of 
trefpafs. 25 //.VIII. c.ii.—See thearticleDECo y,vo1.v. 
p. 648. 
Of HEATH-FOWL, GROUSE, and BUSTARDS. 
Every perfon who fhall flioot at, kill, or deftroy, with- 
any gun or bow, any groufe, heath-cock, or moor-game,, 
(during the feafon prohibited,) fliall on conviction be¬ 
fore two juflices, by confeffion, or oath of two witneffes, 
be committed to gaol for three months, unlefs upon 
conviction -he pay to the churchwardens for the ule of 
the poor, 20s. for each fowl, or after one month after his 
commitment become bound by recognizance, with two 
fureties in 20I. each, before two jultices, not to offend 
again in like manner: the recognizance to be returned 
to the next felfions. i J. c. 27. 
No perfon lhall, upon any pretence whatfoever, wil¬ 
fully lake, kill, deftroy, carry, lell, buy, or have in his 
polfeilion or ufe, any heath-fowl commonly called black 
game, between Dec. 10, and Aug. 20; nor any groufe 
commonly called red game, between Dec. lO, and Aug.. 
12; nor ciny bufard, between Mar. i, and Sept. 1, inany 
year; on pain of forfeiting for the firlt offence any fum 
not exceeding 20I. nor lefs than lol. and for the lecond 
and every fubfequent offence, not exceeding 30L nor 
lefs 
