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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 Justices 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 detence, 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 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 fierein 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 wastés or commons within such manor, lordship, or royalty, or reputed manor, lordship, or royalty."
Arrest of Trespassers.--The thirty-first clause enacts that trespassers in search of game may be required by persons having the right of killing game upon such land to quit the same; and that the parties so trespassing shall be further required to tell their christian name, surname, and place of abode, and in case of refusal may be arrested, and conveyed before a Magistrate, and on conviction forfeit a sum not exceeding five pounds, and the costs of conviction. The party arrested, however, to be discharged, unless taken before a Justice within twelve hours.
Persons found armed in illegal Pursuit of Game.-The thirty-second clause relates to persons found armed using violence, &c. The enactment is thus worded : “ That where any persons, to the number of five or more together, shall be found on any land, or in any of his Majesty's forests, parks, chases, or warrens, in the daytime, in search or pursuit of game, woodcocks, or snipes, quails, landrails, or conies, or any of such persons being then and there armed with a gun; and such persons or any of them shall then and there, by, violence, intimidation, or menace, prevent or endeavor to prevent any person authorised as herein-before mentioned from approach. ing such persons so found, or any of them, for the purpose of requiring them or any of them to quit the land whereon they shall be so found, or to tell their or his christian name, surname, or place of above respectively, as herein-before mentioned, every person so offending, by such violence, intimidation, or menace as aforesaid, and every person then and there aiding or abetting such offender, shall, upon being convicted thereof before two Justices of the Peace, forfeit and pay for every such offence such penalty, not exceeding five pounds, as to the convicting Justices shall seem meet, together with the costs of the conviction ; which said penalty shall be in addition to and independent of any other penalty to which any such person may be liable for any other offence against this Act.”
Trespass in the King's Forests, fc.-The thirty-third clause declares a penalty of two pounds and costs against any person found trespassing in the day-time in his Majesty's forests, parks, chases, or warrens, in search of game.
What deemed Day-time.-The thirty-fourth clause defines what shall be deemed day-time, as follows : “ That for the purposes of this Act the day-time shall be deemed to commence at the beginning of the last hour before sunrise, and to conclude at the expiration of the first hour after sunset.”
H ting not deemed Trespass. The thirty-fifth clause enacts that the aforesaid provisions against trespasses shall not extend to any persons hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare, or fox already started upon any other land ; nor to any person bona fide claiming and exercising any right or reputed right of free warren or free chase, nor to any gamekeeper lawfully appointed,” &c.
Authority to take Game from Trespassers.—The thirty-sixth clause also refers to trespassers. It enacts, “ That when any person shall be found by day or by night upon any land, or in any of his Majesty's forests, parks, chases, or warrens, in search or pursuit of game, and shall then and there have in his possession any game which shall appear to have been recently killed, it shall be lawful for any person having the right of killing the game upon such land, by virtue of any reservation or otherwise, as herein-before mentioned, or for the occupier of such land (whether there shall or shall not be any such right by reservation or otherwise), or for any gamekeeper or servant of either of them, or for any officer as aforesaid of such forest, park, chase, or warren, or for any person acting by the order and in aid of any of the said several persons, to demand from the person so found such game in his possession ; and in case such person shall not immediately deliver up such game, to seize and take the
same from him, for the use of the person entitled to the game upon such land, forest, park, chase, or warren.
Application of Penalties. The thirty-seventh clause refers to the application of the penalties. It enacts," That every penalty and forfeiture for any oftence against this Act (the application of which has not been already provided for) shall be paid to some one of the overseers of the poor, or to some other officer (as the convicting Justice or Justices may direct) of the parish, township, or place in which the offence shall have been committed, to by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate; and no inhabitant of such county, riding, er division shall be deemed an incompetent witness in any proceeding under this Act by reason of the application of such penalty or forfeiture to the use of the said general rate as aforesaid."
Enforcement of Penalties. The thirty-eighth clause relates to the time for payment of penalties, and the scale of imprisonment for non-payment. It enacts, “ That the Justice or Justices of the Peace by whom any person shall be summarily convicted and adjudged to pay any sum of money for any ofience against this Act, together with costs, may adjudge that such person shall pay the same either immediately or within such period as the said Justice or Justices shall think fit; and that in default of payment at the time appointed such person shall be imprisoned in the common Gaol or House of Correction (with or without hard labour), as to the Justice or Justices shall seem meet, for any term not exceeding two calendar months, where the amount to be paid, exclusive of costs, shall not amount to five pounds, and for any term net exceeding three calendar months in any other case, the imprisonment to cease in each of the cases aforesaid upon payment of the amount and costs.
Form of Conviction. The thirty-ninth clause recites the form of conviction.
Wilmesses. The fortieth clause empowers a Magistrate to issue his summons requiring any person to appear for the purpose of giving evidence touching any offence under this Act; persons so summoned neglecting to attend, and not assigning a stifficient reason for their absence, to forfeit a sum not exceeding five pounds.
Time of Prosecution.--The forty-first clause enacts that the prosecution for every offence punishable upon summary conviction by virtue of this Act shall be commenced within three calendar months after the commission of the offence; the appearance of offenders to be enforced by surmons in the first instance, but if suspected of absconding, then by warrant without any previous summons.
Proof of Certificate. The forty-second clause enacts that it shall not be necessary, in any proceeding against any person under this Act, to negative by evidence any certificate, licence, consent, authority, or other inatter of exception or defence; but that the party seeking to avail himself of any such certificate, &c. shall be bound to prove the same.
Convictions.--The forty-third clause directs that all convictions under this Act shall be returned to the next Court of General or Quarter Sessions of the Peace for the county, riding, &c.
Appeal.-The forty-fourth clause relates to appeals from convictions. It states, th:at any person who shall think himself aggrieved by any summary conviction in pursuance of this Act may appeal to the Justices at the next General or Quarter Sessions of the Peace to be holden, not less than twelve days after such conviction, for the county, riding, division, &c. wherein the cause of complaint shall have arisen ; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof within three days after such conviction, and seven clear days at the least before such sessions ; or within such three days enter into a recognisance with a sufficient surety before a Justice of the Peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded." The party on entering into such recognisance, &c. to be liberated if in custody.
Convictions not removable by Certiorari.--By the forty-fifth clause, no summary conviction, or adjudication made on appeal therefrom, shall be quashed from want of form, or be removed by certiorari or otherwise into any superior Court.
One Action of Trespass only maintainable. The forty-sixth clause provides that nothing in this Act shall preclude actions for trespass upon the land ; but no double proceedings shall be maintainable for the same trespass.
Limitation of Actions, fc. The forty-seventh clause, which relates to the protection of persons acting in the execution of this Act, enacts,
" That all actions and prosecutions to be commenced against any person for anything done in pursuance of this Act shall be laid and tried in the county where the fact was cornmitted, and shall be commenced within six calendar months after the fact committed, and not otherwise ; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action ; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant.
Not to extend to Scotland and Ireland. The forty-eighth and last clause of the
Schedule A.-The Form of Licence to buy and sell game.
HEATON PARK RACES.
tegrity which ought to govern
the discovered the grand secret turf. I would not insinivate that of perpetual motion, when you re- hired jockeys do not often perceive this, dated from the neigh- form their duty in spite of temptbourhood of Heaton Park; forations; but we have heard of here indeed am I in spite of the very naughty doings where least Reform Bill, which (a murrain they would have been expected, seize it!) has kept us all, this year, and such occurrences are apt to from our natural rights. I wish prejudice the mind strongly.to God the Anti's would for once Mais revenons ! my pen shall be less obstinate, if only to allow now be employed on us the power of following the pleasing theme; I will tell usual pleasant occupations of the
“how every race was run, season ; au reste they may settle What horses lost, what horses won, their squabble as they like. Hea- And all things else that were done ton Park being one of the most
Those days." varmint of the provincials, and The 28th of September ushered moreover, through the spirited in the sport, weather delightful for patronage of My Lord Wilton, the season, company select, &c. something unique, I was resolved The Stanley Stakes of 10 sovs. each, not to miss it, and can assure you A. F. (13 subs.), opened the ball, I have been amply rewarded for with Mr. Houldsworth’s Sultan the trouble of conveying myself filly Circassian out of Variety, and my prads thither.
At these by Selim or Soothsayer, 3 yrs ; races the eye of the lover of horse- Mr. Gully's Tranby, by Blackflesh is gratified by a sight of the lock, 5 yrs; Sir J. Gerard's bay very best bits of blood our coun- colt Tetotum, by Lottery; Mr. try can produce; and what makes Thompson's Orthodox, by Filho the thing more distingué, they da Puta; Lord Wilton's Bras de are jock'd by men of blood, who Fer, by Langar, 3 yrs; Mr. Grefigure not for paltry lucre, but ville's Adam Brock, by Blacklock, for fame ; and who are, therefore, 3 yrs; Mr.W.Turner's Sprightly, not likely to swerve from those by Macduff, 3 yrs; and Mr. W. strict rules of honour and in. Cooke's Catton filly out of Ore VOL. IV.SECOND SERIES.No. 19.
phan. Tetotum spun away, but These two were the only ones
Lord Chesterfield's Rufus, by PalMatch for 100 sovs., 11st. each, merin, dam by Ponteland, 6 yrs, three-quarters of a mile - Sir 12st. 4lb.; Mr. Burton's The AdJ. Gerard's Prince Eugene, by miral, 5 yrs, 12st. 4lb.; Sir R. Whisker, dam by Shuttle out of Brooke's b. g. by General Mina, Lady Sarah, 5 yrs, and Captain 3 yrs, 9st. 5lb. ; and Mr. H. Copland's Fair-play. The latter Brooke's bay g. Michael, 4 yrs, bounded off at a smartish gallop, 10st. 61b.-which last, not relishbut the Prince, thinking it un- ing the joke, bolted. The Adbecoming his dignity to be in the miral and Rufus took up the rear, made an effort and passed running desperately to the finish, his opponent ; so that fair-play and the former could probably did not succeed this time. This have done the trick, had not rewas a pretty little affair.
spect for Royalty made him give The Heaton Park Stakes (han- up the point, and the Rufus dicap) of 15 sovs. each, 5 ft., one passed into port safely, piloted mile and a half, 19 subs. Five by his Noble owner, to whose appeared for this race:- Mr. good jockeyship he was much Johnson's Jupiter, aged, 11st.5lb.; indebted for bearing off the prize. Mr. Cosby's Sketch Book, 4 yrs, The Gold Cup, value 100 sovs., 10st. 3lb. ; Mr. Turner's The given by Mr. Deane, added to a Nabb, by Sam, 4 yrs, 10st. 71b. ; subscription of 10 sovs. each, St. Lord Wilton's Rough Robin, 6 Leger Course, 10 subs. Three yrs, 12 st. 7lb.; and Sir J.Gerard's brilliants entered for this glitterPrince Eugene, 5 yrs, 10st. 71b. ing prize - Mr. Sadler's Jocko, This handicap racing, if done Mr. Gully's Tranby, and Lord with judgment, is excellent, and Wilton's The Chancellor. They generally produces something skipped off nearly at the top of well worth seeing. The Prince, their speed, convincing us the having been Commander-in-chief quickest of foot was to win, and in the last struggle, expected the no grass grow under his heels. same honorable post in this; but The Chancellor had rather the the King of the Gods was not lead, and the Woolsack appeared going to be jostled in any such safe till within the distance, when way by a mortal, however high a falling off was there," and his rank; so at a nod from the Jocko contrived to jockey them Divinity he retired to the back by a head out of the prize: rode ground. Sketch Book at one in a masterly way by Mr. Peyton. time seemed likely to become a To wind up the day, the Grand winner, but the God proved om- Junction Stakes of 20 sovs. each, nipotent, and distanced them all. h. ft., for three-year-olds, one
mile, 8 subs.Lord Wilton's The Handicap Stakes of 10 sovs.each, Chancellor, Mr. Houldsworth's h. ft. A. F. Il subs. the winner Circassian, and Mr. M. Stanley to be sold for 70 sovs. if demandnamed colt by Catton out of ed, &c. Nine horses entered for Rolla's dam. The young 'uns this, and the sight was an imposing went off bravely at their best one to the spectators: Mr. Hobstride. The Chancellor, nothing son's Winton, Mr. Hoyle's Wandaunted by his late defeat, took derer filly, Mr. Thompson's Arthe lead, and, though sorely beset mida, Mr. H. Brooke named Vicby the fair Circassian, had firm- tim, Sir T. Stanley's Joceline, ness enough to resist her wiles, Mr. Trafford named Brielle, Mr. and won the day. At any other Tongue's Vigornia, Mr. Houldstime a Lady's claim would not worth’s Simon by Comus, and have been so treated, but
Sir R. Brooke's filly by General " When a race is in the case,
Mina. After a few frolics were Even a Lady must give place !” played, steady was the word, and
The second day the sun was off all sailed in full canvas, Wanvery sparing of his beams, but derer leading; but herself wanting we were amply compensated for a pilot, Winton good-naturedly their absence by the smiles of the undertook the office, followed by elegant women who attended. Wanderer and Armida, when Mr. The day's sport commenced with Kent, not liking their company, 501., given by the Club, added to sprang forward, and, after a tema subscription of 5 sovs. each, pestuous voyage, brought Winton two miles, 5 subs., to be contend- first to anchor. The multitude ed for Mr. Sadler's Jocko, Mr. so thronged each other that they Dudson's Catton colt Rolla's got neither place nor profit, dam, and Mr. Walmsley's Shaver The Manchester Stakes (handiby Gulliver. The trio went to cap) of 15 sovs. each, 5 ft., one work prettily, the Barber taking mile and a half, 12 subs., produced the lead; but though he made his three competitors-viz. Mr. Ferlather quickly, Jocko was in too guson's bay colt Kangaroo, by great a hurry to be shaved, and Whisker, dam by Paynator, 4 yrs, was in first, guided admirably by 10st. 3lb.; Lord Chesterfield's Mr. Peyton.
Rufus, 6 yrs, 10st. 6lb.; and Mr. The Forester Stakes of 10 sovs. Cosby's Sketch Book, 4 yrs, 10st. ench, 12st. 71b. each, A. F., 17 10lb. These made desperate subs. Here started Mr. Gully's work for the tin, running straight Tranby, Mr. Thompson's Ortho- and well together, till close to the dox, by Filho da Puta, and Mr. Seat of Justice, when Kangaroo Jodrell named Victim. Victim threw a summerset, and was first went off gallantly, but soon fell a by a head, having fortunately victim to want for bellows, Or- done no mischief to his very
able thodox disputing the point of rider, Mr. Griffiths. precedence, which Tranby think
Handicap Stakes of 15 sovs. ing not quite orthodox for him, each, 5 ft., for horses not thorough soon settled, winning by half a bred-one mile, 5 subs. One nag length. A very true-run race only being offered for conflict, a throughout. Mr. White jock'd walk-over was the consequence, the lucky one.
for which he got well paid. I