231 
G A 
lord, and afterwards feU and difpofe thereof without 
the lord’s confent; and be convicted, on complaint of 
fijch lord, and on oath of one witnefs, before one juf- 
tice; he lhall be committed to the hoiile of correction 
for three months, to be kept to hard labour. ^ Anne, 
c. £4. But no lord of tlie manor fliall make above one 
perfon to be gamekeeper within any one manor, with 
power to kill game. And tlie name of fuch perfon 
fhall be entered with-the clerk of the peace where the 
manor lies; tlie entry to be made and viewed without 
fee; and a ce'rtificate thereof fnall be granted by the 
elerk of the peace, on payment of one thilling. 
And if any other gamekeeper, w liofe name is not fo 
entered, whoJhall not be othcTwife qualified by the laws of 
tliis kingdom to kill game, tliall kill, fell, or expofe to 
fale, any hare, phealant, partridge, moor, heath-game, 
orgroufe; he fhall on conviction before one juitice, on 
oath of one witnefs, forfeit for every offence 5I. half to the 
informer, and half to the poor, by dittrefs: for want 
of diitrefs, to be fent to tlie houfe of correction for 
three months for the fir/t offence, and for every other 
offence four months. 9 Anne, c. 25. 
Who shall not be otherwise qualified.— 
From thel'e words it feemeth clear, that a gamekeeper 
who is qualified in his own right to kill game, need not 
be entered with the clerk of the peace. But by 25 
Geo. III. c. 50,—Every deputation of a gamekgeper 
fhall be regiftered with the clerk of the peace of the 
county where the manor fhall lie, and fuch gamekeeper 
fhall take out a certificate thereof annually, upon which 
there fhall be charged a fiiamp duty of los. 6d. and by 
31 Geo. III. c. 21, ios.6d. more. Total il. is. And if 
any gamekeeper, to whom fuch deputation fiiall be grant¬ 
ed, fhall for twenty days next after the granting tliereof, 
negleCt or refufe to regifter the fame, and take out a cer¬ 
tificate thereof as aforefaid, he fluiil forfeit 20I. 
And in cafe of a new deputation of a gamekeeper, 
the fame fhall be regiftered with the clerk of the peace, 
and a certificate thereof taken out in manner as afore¬ 
faid; whereupon the former certificate fhall be void, 
and the perfon aCting under the fame after notice to 
him given of fuch new certificate, fhall be liable to the 
penalties preferibed by this aCt, in the fame manner as 
rf no certificate had been granted to him. And no fuch 
deputation and certificate fnall authorize any fuch game, 
keeper to take or deftroy game out of the limits of the 
manor for which fuch deputation was given. 
And moreover, by 3 Geo. c. ii, it is further enafled, 
that no lord of a manor fhall make any perfon to be a 
gamekeeper with power to kill game, unlefs fuch per- 
lon be qualified by the laws of this realm fo to do ; or 
unlefs fuch perfon be truly and properly a fervant to 
the faid lord; or be immediately employed and ap, 
pointed to take and kill tlie game for the Jok uj'e of the 
laid lord, and not otherw'ife. 
And if any perfon, not being qualified by the lav/s fo 
to do, or not being truly and properly a fervant of any 
lord of a manor, or not immediately employed and ap, 
|iO!nted to take, and kill the game for the foie ufc or 
immediate benefit of ihe faid lord, lhall under colour 
or pretence of any power or authority, deputation or 
qualification to him granted by any lord of a manor, 
take and kill any hare, pheafant, partridge, or other 
gaine wharfoevt r ; or fhall keep or ufe any greyhounds, 
Jetting dogs, hays, lurchers, guns, tunnels, or any 
Other engine tp kill and deftroy the game; he fliall for¬ 
feit cl. in like manner. 
The gamekeeper (lo authorized) may fearch for doos 
and engines, and feize the fame for the ufe of the lord, 
or deftroy them, 22 and 23 Car. II, c, 25, But it hath 
been adjudged, that an authority from the lord Of the 
manor is not lufficient of itfelf for this purpofe, but 
that he ought to have a warrant from a juftice of the 
peace. Cotnb. jSj. Carpenter v. Adams, At lead it 
4 
M E. 
may be fafe to have fuch warrant, efpecially if any 
houfes are to be entered and fearched. For it would 
give too great a power to the gamekeepers, to leave it 
in their own diferetion to fearch what places they fhall 
think proper, asalfo to conflitute them the judges whe- 
ther fuch or fuch a perfon is or is hot qualified to kill 
game. Therefore it is befi: to have a warrant from a 
juftice of the peace, after information and oath of the 
offence firft made. 
On a conviction, Trin. T. 10 Anne, Q. v. Matthews, 
exception was taken, that the conviction reciting tl'.c de¬ 
fendant not to be a perfon fb and fo qualified, and enu. 
merating diltinCtly the feveral qualifications in 22 and 
23 Car. If. omitted the qualification oi gamekeeper, namc- 
1}', that he was not a perfon authoriled by a lord (or 
lady) of a manor to kill game for his ufc. And by the 
court I Had it been generally laid thus,' that he not being 
a perfon qualified according to law, and fo on, it had been 
enough ; and fo it would have been in an action qui tarn, 
but not in a conviction, Con. R. 522, and K. v. Jarvis, 
as flated above, p.224; but the qualifications being 
diftinCtly and feverally mentioned, the omillion of one 
is fatal. [But where the informer need not negative any 
of the exceptions, if he negative, it will be lurplufage, 
D. and E. 1 V. 320. ] 10 Mod. 26. 
Cask of Rogers i/. Carter, Mich. T. 9 Geo. III.—The 
plaintiff Rogers brought an aCtion againft the defendant, 
being a juftice of the peace, for taking and carrying 
away tlie plaintiff’s gun. On a verdiCt for the plain, 
tiff, a new trial was moved for. The cafe was, the 
plaintiff, being gamekeeper within the manor of Ring, 
wood, in beating for game within the laid manor, fprur.g 
a covey of partridges, which he fhot at within the faid 
manor. They took a fecond flight, and he purfued 
them out of the manor, but could not find them. As 
lie was returning to the manor of Ringwood, he was 
met by the defendant about three quarters of a mile 
diflant from that manor, who afked him if he had a qua¬ 
lification. Tlie plaintiff anfwered, I liave a deputation 
from the lord of the manor of Ringwood. The defend¬ 
ant replied, You are now out of that manor; and de¬ 
manded his gun, and took it from him. The defendant 
did not fhoot out of the manor, but was three quarters 
of a mile out of the manor, with his gun and dog, with 
an intention to fiioot at game. By the court: The 
queftioii is. Whether the juitice had a right to take the 
plaintiff’s gun from him, w-hilfl he was (porting for the 
purpofe of killing game in another manor, out of the 
manor of Ringwood ? And we are all of opinion, he 
had not J'uch right. If he liad killed game where he 
was not a gamekeeper, he might have been conviCled 
in the penalty of 5I. but he was entitled to keep and 
have dogs, guns, and nets, any where ; and a gamekeep¬ 
er’s gun cannot be feized either in going to or return¬ 
ing from the manor, or in any other place ; and if game- 
keepers were permitted lo feize one another’s guns, it 
would create a kind of border war amongli them. And 
the rule to fliew caufe why there fhould not be a neiv 
tri.1l was difeharged. 2 V/ilfon, 3S7. 
FORM OF THE DEPUTATION. 
To all to whom thefe prefents fhall come, John IVilkcs of 
Milland Houje in the county ofSuJfex, Ejquirc, Jendeth ■ greetinir. 
Know ye that I the fitd John Wilkes have appointed, authorized, 
and empowered, and by tkej'e prejpits do appoint, authorize; and 
empower, George Goldrinq, of Rake, in the parijh cf Rogate and 
county of SuJ/ex, to be my Gamekeeper of and within the feveral 
manors of Rogate Bohunt, Rogate College, Clarke's Dean, and 
Miiland, and the royalties, rights, members, and appurtenances 
thereto belonging, in the faid county of SuJJcx, during my plea, 
fare. And I do hereby give and grant unto him the faid George 
Goldring, during fuch my will and plcafure as afonfoiii, full 
power and authority to feize and take all and all 'manner of 
guns, bows, greyhounds, felicrs, ferrets, tr'amds, kwbels, kaye's. 
