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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 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 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."

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 approaching 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, &c.-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.'

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Hunting 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 penaltics. It enacts," That every penalty and forfeiture for any offence 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 be 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, or 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 offence 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 not 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. Witnesses. 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 sufficient 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 summons 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 matter 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, that 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, &c.--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 committed, 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 Act enacts" That nothing in this Act contained shall extend to Scotland or Ireland.” Schedule A.-The Form of Licence to buy and sell game.

Schedule B.-The Form of Certificate to persons licensed to deal in game.

SIR,

You

HEATON PARK RACES.

OU will imagine I must have discovered the grand secret of perpetual motion, when you receive this, dated from the neighbourhood of Heaton Park; for here indeed am I in spite of the Reform Bill, which (a murrain seize it!) has kept us all, this year, from our natural rights. I wish to God the Anti's would for once be less obstinate, if only to allow us the power of following the usual pleasant occupations of the season; au reste they may settle their squabble as they like. Heaton Park being one of the most varmint of the provincials, and moreover, through the spirited patronage of My Lord Wilton, something unique, I was resolved not to miss it, and can assure you I have been amply rewarded for the trouble of conveying myself and my prads thither. At these races the eye of the lover of horseflesh is gratified by a sight of the very best bits of blood our country can produce; and what makes the thing more distingué, they are jock'd by men of blood, who figure not for paltry lucre, but for fame; and who are, therefore, not likely to swerve from those strict rules of honour and in

tegrity which ought to the
govern
turf. I would not insinivate that
hired jockeys do not often per-
form their duty in spite of tempt-
ations; but we have heard of
very naughty doings where least
they would have been expected,
and such occurrences are apt to
prejudice the mind strongly.-
Mais revenons ! my pen shall
now be employed on a more
pleasing theme; I will tell

"how every race was run,
What horses lost, what horses won,
And all things else that were done
Those days."

The 28th of September ushered in the sport, weather delightful for the season, company select, &c. The Stanley Stakes of 10 sovs. each, A. F. (13 subs.), opened the ball, with Mr. Houldsworth's Sultan filly Circassian out of Variety, by Selim or Soothsayer, 3 yrs ; Mr. Gully's Tranby, by Blacklock, 5 yrs; Sir J. Gerard's bay colt Tetotum, by Lottery; Mr. Thompson's Orthodox, by Filho da Puta; Lord Wilton's Bras de Fer, by Langar, 3 yrs; Mr. Greville's Adam Brock, by Blacklock, 3 yrs; Mr. W. Turner's Sprightly, by Macduff, 3 yrs; and Mr. W. Cooke's Catton filly out of Or

VOL. IV. SECOND SERIES.No. 19.

E

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Match for 100 sovs., 11st. each, three-quarters of a mile. Sir J. Gerard's Prince Eugene, by Whisker, dam by Shuttle out of Lady Sarah, 5 yrs, and Captain Copland's Fair-play. The latter bounded off at a smartish gallop, but the Prince, thinking it unbecoming his dignity to be in the rear, made an effort and passed his opponent; so that fair-play did not succeed this time. This was a pretty little affair.

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The Heaton Park Stakes (handicap) of 15 sovs. each, 5 ft., one mile and a half, 19 subs. Five appeared for this race: -Mr. Johnson's Jupiter, aged, 11st. 5lb.; Mr. Cosby's Sketch Book, 4 yrs, 10st. 3lb.; Mr. Turner's The Nabb, by Sam, 4 yrs, 10st. 71b.; Lord Wilton's Rough Robin, 6 yrs, 12st. 7lb.; and Sir J. Gerard's Prince Eugene, 5 yrs, 10st. 7lb. This handicap racing, if done with judgment, is excellent, and generally produces something well worth seeing. The Prince, having been Commander-in-chief in the last struggle, expected the same honorable post in this; but the King of the Gods was not going to be jostled in any such way by a mortal, however high his rank; so at a nod from the Divinity he retired to the back ground. Sketch Book at one time seemed likely to become a winner, but the God proved omnipotent, and distanced them all.

These two were the only ones placed, and they required severe birching.

Handicap Stakes of 10 sovs. each, 5 ft., with 20 added, for horses not thorough-bred-once round-5 subs. Two brace appeared, and at the magic word "go," spanked off in high twigLord Chesterfield's Rufus, by Palmerin, dam by Ponteland, 6 yrs, 12st. 4lb.; Mr. Burton's The Admiral, 5 yrs, 12st. 4lb.; Sir R. Brooke's b. g. by General Mina, 3 yrs, 9st. 5lb.; and Mr. H. Brooke's bay g. Michael, 4 yrs, 10st. 6lb.-which last, not relishing the joke, bolted. The Admiral and Rufus took up the running desperately to the finish, and the former could probably have done the trick, had not respect for Royalty made him give up the point, and the Rufus passed into port safely, piloted by his Noble owner, to whose good jockeyship he was much indebted for bearing off the prize.

The Gold Cup, value 100 sovs., given by Mr. Deane, added to a subscription of 10 sovs. each, St. Leger Course, 10 subs. Three brilliants entered for this glittering prize - Mr. Sadler's Jocko, Mr. Gully's Tranby, and Lord Wilton's The Chancellor. They skipped off nearly at the top of their speed, convincing us the quickest of foot was to win, and no grass grow under his heels. The Chancellor had rather the lead, and the Woolsack appeared safe till within the distance, when

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mile, 8 subs.Lord Wilton's The Chancellor, Mr. Houldsworth's Circassian, and Mr. M. Stanley named colt by Catton out of Rolla's dam. The young 'uns went off bravely at their best stride. The Chancellor, nothing daunted by his late defeat, took the lead, and, though sorely beset by the fair Circassian, had firmness enough to resist her wiles, and won the day. At any other time a Lady's claim would not have been so treated, but

"When a race is in the case,

Even a Lady must give place!" The second day the sun was very sparing of his beams, but we were amply compensated for their absence by the smiles of the elegant women who attended. The day's sport commenced with 501., given by the Club, added to a subscription of 5 sovs. each, two miles, 5 subs., to be contended for Mr. Sadler's Jocko, Mr. Dudson's Catton colt Rolla's dam, and Mr. Walmsley's Shaver by Gulliver. The trio went to work prettily, the Barber taking the lead; but though he made his lather quickly, Jocko was in too great a hurry to be shaved, and was in first, guided admirably by Mr. Peyton.

The Forester Stakes of 10 sovs. each, 12st. 71b. each, A. F., 17 subs. Here started Mr. Gully's Tranby, Mr. Thompson's Orthodox, by Filho da Puta, and Mr. Jodrell named Victim. Victim went off gallantly, but soon fell a victim to want for bellows, Orthodox disputing the point of precedence, which Tranby thinking not quite orthodox for him, soon settled, winning by half a length. A very true-run race throughout. Mr. White jock'd the lucky one.

Handicap Stakes of 10 sovs. each, h. ft. A. F. 11 subs. the winner to be sold for 70 sovs. if demanded, &c. Nine horses entered for this, and the sight was an imposing one to the spectators: Mr. Hobson's Winton, Mr. Hoyle's Wanderer filly, Mr. Thompson's Armida, Mr. H. Brooke named Victim, Sir T. Stanley's Joceline, Mr. Trafford named Brielle, Mr. Tongue's Vigornia, Mr. Houldsworth's Simon by Comus, and Sir R. Brooke's filly by General Mina. After a few frolics were played, steady was the word, and off all sailed in full canvas, Wanderer leading; but herself wanting a pilot, Winton good-naturedly undertook the office, followed by Wanderer and Armida, when Mr. Kent, not liking their company, sprang forward, and, after a tempestuous voyage, brought Winton first to anchor. The multitude so thronged each other that they got neither place nor profit.

The Manchester Stakes (handicap) of 15 sovs. each, 5 ft., one mile and a half, 12 subs., produced three competitors-viz. Mr. Ferguson's bay colt Kangaroo, by Whisker, dam by Paynator, 4 yrs, 10st. 31b.; Lord Chesterfield's Rufus, 6 yrs, 10st. 6lb.; and Mr. Cosby's Sketch Book, 4 yrs, 10st. 10lb. These made desperate work for the tin, running straight and well together, till close to the Seat of Justice, when Kangaroo threw a summerset, and was first by a head, having fortunately done no mischief to his very able rider, Mr. Griffiths.

Handicap Stakes of 15 sovs. each, 5 ft., for horses not thorough bred-one mile, 5 subs. One nag only being offered for conflict, a walk-over was the consequence, for which he got well paid. I

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