PDF the Whole
Total Page:16
File Type:pdf, Size:1020Kb
Changes to legislation: There are currently no known outstanding effects for the Game Act 1831. (See end of Document for details) Game Act 1831 1831 CHAPTER 32 1 and 2 Will 4 An Act to amend the Laws in England relative to Game. F1 F2 [5th October 1831] Editorial Information X1 This Act is not necessarily in the form in which it has effect in Northern Ireland Textual Amendments F1 Act repealed in part (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2) F2 Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch. Modifications etc. (not altering text) C1 Short title “The Game Act 1831” given by Short Titles Act 1896 (c. 14) C2 Act amended with the substitution for references to the term “game certificate” of references to a licence to kill game by Game Licences Act 1860 (c. 90), s. 6; amended (S.) by Game Laws Amendment (Scotland) Act 1877 (c. 28 SIF 4:3),s. 10 ; extended as to certain provisions by Game Licences Act 1860 (c. 90), s. 13 C3 Preamble repealed by Statute Law Revision (No. 2) Act 1888 (c. 57) C4 Certain words of enactment repealed by Statute Law Revision (No. 2) Act 1888 (c. 57) and remainder omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 Commencement Information I1 Act wholly in force at 1.11.1831 see s. 1 (now repealed) [1.] . F3 2 Game Act 1831 (c. 32) Document Generated: 2021-07-24 Changes to legislation: There are currently no known outstanding effects for the Game Act 1831. (See end of Document for details) Textual Amendments F3 S. 1, Sch.(B.) repealed by Statute Law Revision Act 1874 (c. 35) 2 What shall be deemed Game. The word “game” shall for all the purposes of this Act be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game . F4; and the words “lord of a manor, lordship, or royalty, or reputed manor, lordship, or royalty,” shall throughout this Act be deemed to include a lady of the same respectively. Textual Amendments F4 Words repealed by Protection of Birds Act 1954 (c. 30), Sch. 6 3 Days and Seasons during which Game shall not be killed. Penalty for laying poison to kill game. If any person whatsoever shall kill or take any game, or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game, on a Sunday or Christmas Day, such person shall, on conviction thereof before two justices of the peace, forfeit and pay for every such offence such sum of money, not exceeding [F5level 1 on the standard scale] , as to the said justices shall seem meet, . F6; and if any person whatsoever shall kill or take any partridge between the first day of February and the first day of September in any year, or any pheasant between the first day of February and the first day of October in any year, or any black game (except in the county of Somerset or Devon, or in the New forest in the county of Southampton,) between the tenth day of December in any year and the twentieth day of August in the succeeding year, or in the county of Somerset or Devon, or in the New forest aforesaid, between the tenth day of December in any year and the first day of September in the succeeding year, or any grouse commonly called red game between the tenth day of December in any year and the twelfth day of August in the succeeding year, or any bustard between the first day of March and the first day of September in any year, every such person shall, on conviction of any such offence before two justices of the peace, forfeit and pay for every head of game so killed or taken such sum of money, not exceeding [F7level 1 on the standard scale] , as to the said justices shall seem meet, . F6; and if any person, with intent to destroy or injure any game, shall at any time put or cause to be put any poison or poisonous ingredient on any ground, whether open or inclosed, where game usually resort, or in any highway, every such person shall, on conviction thereof before two justices of the peace, forfeit and pay such sum of money, not exceeding [F8level 1 on the standard scale] , as to the said justices shall seem meet, . F6. Textual Amendments F5 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 F6 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I F7 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 F8 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 Game Act 1831 (c. 32) 3 Document Generated: 2021-07-24 Changes to legislation: There are currently no known outstanding effects for the Game Act 1831. (See end of Document for details) Modifications etc. (not altering text) C5 S. 3 excluded by Agriculture Act 1947 (c. 48), s. 98(2) [F93A Sale of birds of game (1) If any person— (a) sells or offers or exposes for sale, or (b) has in his possession or transports for the purposes of sale, any bird of game to which this subsection applies, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both. (2) Subsection (1) applies to any bird of game— (a) which has been taken or killed in circumstances which constitute an offence under any of— (i) the Night Poaching Act 1828; (ii) this Act; (iii) the Poaching Prevention Act 1862; or (iv) Part 1 of the Wildlife and Countryside Act 1981 (wildlife); and (b) which the person concerned knows or has reason to believe has been so taken or killed.] Textual Amendments F9 S. 3A inserted (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 5 F104 X2† Possession of Game illegal after Ten Days in Dealers, and Forty Days in other Persons, from the Expiration of the Season. Editorial Information X2 A dagger appended to a marginal note means it is no longer accurate Textual Amendments F10 S. 4 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 4; and section also repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2); and section also repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), ss. 36(2), 40(1), Sch. 3 Pts. 2; S.R. 2011/285, art. 2, Sch. 5 This Act not to affect the existing Laws respecting Game Certificates. [F11 Nothing in this Act contained shall in anywise affect or alter (except as herein- after mentioned) any Act or Acts now in force by which any persons using any dog, gun, net, or other engine for the purpose of taking or killing any game whatever, or 4 Game Act 1831 (c. 32) Document Generated: 2021-07-24 Changes to legislation: There are currently no known outstanding effects for the Game Act 1831. (See end of Document for details) any woodcock, snipe . F12 , or any conies, are required to obtain and have annual game certificates; but that all persons who before the commencement of this Act were required to obtain and have such certificates shall after the commencement of this Act be required from time to time to obtain and have the like certificates; and all the powers, provisions, and penalties contained in such Act or Acts shall continue in as full force and effect as if this Act had not been made; and that all regulations and provisions contained in any Act or Acts relative to game certificates, so far as they relate to gamekeepers of manors, and to the amount of duty for game certificates to be charged upon or in respect of gamekeepers of manors in the cases specified in such Act or Acts, shall extend and apply to all gamekeepers of lands appointed under this Act as fully and effectually as if they were gamekeepers of manors, and were expressly mentioned in and charged by such Act or Acts. ] Textual Amendments F11 S. 5 repealed (E.W.) (1.8.2007) by Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), arts. 1(1), 2(a) F12 Words repealed by Protection of Birds Act 1954 (c. 30), Sch. 6 Modifications etc. (not altering text) C6 S. 5: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 6 Every certificated person may kill Game, subject to the Law of Trespass.