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Game Act 1831

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XXXPenalty on Persons trespassing in the Day-time upon Lands in search of Game.

And whereas, after the Commencement of this Act, Game will become an Article which may be legally bought and sold, and it is therefore just and reasonable to provide some more summary Means than now by Law exist for protecting the same from Trespassers ; be it therefore enacted, That if any Person whatsoever shall commit any Trespass by entering or being, in the Day-time, upon any Land in search or pursuit of Game, or Woodcocks, Snipes, Quails, Landrails, or Conies, such Person shall, on Conviction thereof before a Justice of the Peace, forfeit and pay such Sum of Money, not exceeding Two Pounds, as to the Justice shall seem meet, together with the Costs of the Conviction; and that if any Persons to the Number of Five or more together shall commit any Trespass, by entering or being, in the Day-time, upon any Land in search or pursuit of Game, or Woodcocks, Snipes, Quails, Landrails, or Conies, each of such Persons shall, on Conviction thereof before a Justice of the Peace, forfeit and pay such Sum of Money, not exceeding Five Pounds, as to the said Justice shall seem meet, together with the Costs of the Conviction: Provided always, that any Person charged with any such Trespass shall be at liberty to prove, by way of Defence, any Matter which would have been a Defence to an Action at Law for such Trespass; save and except that the Leave and Licence of the Occupier of the Land so trespassed upon shall not be a sufficient Defence in any Case where the Landlord, Lessor, or other Person shall have the Right of killing the Game upon such Land by virtue of any Reservation or otherwise, as herein-before mentioned ; but such Landlord, Lessor, or other Person shall, for the Purpose of prosecuting for each of the Two Offences herein last before mentioned, be deemed to be the legal Occupier of such Land, whenever the actual Occupier thereof shall have given such Leave or Licence; and that the Lord or Steward of the Crown of any Manor, Lordship, or Royalty, or reputed Manor, Lordship, or Royalty, shall be deemed to be the legal Occupier of the Land of the Wastes or Commons within such Manor, Lordship, or Royalty, or reputed Manor, Lordship, or Royalty.

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