The Sun.
London, England, 1846-08-17 00:00:00

GAME LAWS.

The following is the report ( just issued by order of
the House of Commons, together with the minutes of
evidence taken during the present session) of the Select
Committee appointed to inquire into the operation of the
game laws, and to report their observations and opinion
thereon to the House, and who were empowered to re-
port the minutes of evidence taken before them.
1. Resolved, that it is the opinion of this Committee,
that the common law of England has always distinctly
recognised a qualified right of property in game and
that from a very early period it has been found neces-
sary, by statutory enactment, to make some special pro-
vision against the attempt to steal or destroy a species
if property peculiarly exposed to depredation,
2. Resolved, that it is the opinion of this Committee,
that the stringency of the game-laws has been from time
to time materially qualified and relaxed.
3. Resolved, that it is the opinion of this Committee,
that the recent Act Ist and 2d William IV., c. 32, vested
the property in game in the occupier of the soil, and
distinctly recognised in game, As the subject of sale,
one of the essential qualities of private property.
4. Resolved, that under these circumstances, the
tenant has at all times the power to secure the game to
himself, or to reject the tenancy, if the proprietor of the
land insists on a reservation being made of the game in
his (the proprietor's) favour.
5. Resolved, that it is the opinion of this Committee,
that to exclude game from the protection of the law
would be inconsistent with a due regard to the security
of other property.
6. Resolved, that it is the opinion of this Committee,
that the taking of game by persons who have no right
of property in it should continue to be the subject of
penal legislation.
7. Resolved, that in reviewing the statues now in force
with reference to the pursuit and sale of game, it
appears to Committee that alterations may be suggested
which, without impairing their efficiency for the re-
pression of crime, would prevent the unequal or exces-
sive punishment of persons who violate their provisions.
8. Resolved, that it is expedient to abolish cumulative
penalties for poaching.
9. Resolved, that your Committee are not, however,
prepared to recommend such an alteration of the law
as would exempt from more severe penalties those who,
in the illegal pursuit of game commit at the same
time a breach of the revenue laws, or those who in the
day time, being armed, and in numbers, are guilty of
violence.
10. Resolved, that it is the opinion of this Committee,
that the penalty imposed by the statute 52 Geo.
c. 43, for sporting without a certificate, appears ex-
cessive.
11. Resolved, that it is the opinion of this Committee,
that the space of three days allowed by section 44 of 1
and 2 Will. IV., c. 32, for giving notice of appeal
against any summary conviction under this Act, should
be extended.
12. Resolved, that it is the opinion of this Committee,
that it is expedient that so much of the sth and 6th
Will. IV., c. 20, which allows a moiety of the penalty
levied under the Ist and 2d Will. IV., c. 52, to go to the
informer, should be repealed.
13. Resolved, that it is the opinion of this Committee,
that no person convicted of night poaching, under sec. 1,
9th Geo. IV., c. 69, whose offence is unattended by cir-
cumstances of aggravation, should be subjected to the
punishment of transportation.
14. Resolved, that it is the opinion of this Committee,
that no person convicted of night poaching, under the
first section 9th Geo. IV., c. 69, should be required to
find sureties for not repeating such offence.
15. Resolved, that it is the opinion of this Committee,
that, apart from consideration of revenue, every owner
or occupier of land having the right to kill the game on
that land, should have such right without being re-
quired to take out a game certificate.
16. Resolved, that your Committee further recommend
the ab,lition of certificates as regards the pursuit and de-
struction of hares by means of packs of hounds, or by
greyhounds ; and al.mo to recommend the reduction of
the duties on greyhounds to those proposed on common

clop.
17. Resolved, that your Committee regret to find that
great facilities still exist for the disposal of
to stolen game.
IS. Resolved, that it has been suggested your Com
mittee, that by imposing additional legislative restric-
tions upon the sale of game, such facilities mighebe di-
minished if not altogether removed ; but the practical
difficulty of enforcing any such regulations appears to
your Committee to be almost insurmountable, and the
regulations themselves would necessarily be of so strin-
gent and vexatious a character, that your Committee
cannot recommend their adoption.
19. Resolved, that it is the opinion of this Committee,
that the powers of constables should be better defined
and enlarged, in regard to the search and detention of
persons found under suspicious circumstances with game
in their possession; and that power should be given to
constables to search public-houses and beer shops
(licensed to sell off as well as on the premises) for game,
it having been proved before the Committee that they
are extensive receptacles for stolen game.
20. Resolved, that it is the opinion of this Committee,
that the present time fixed for the period at which
feathered game becomes a marketable article, and sale-
able by the dealer, should be postponed; and they re-
commend, that the sale of each species of game should
be deferred until one day after the season for shooting it
has commenced.
2L Resolved, that your Committee has received evi-
dence to show that the preservation of large quantities
of game has bees the frequent cause of damage to the
neighbouring crops.
22. Resolved, that it is the opinion of this Committee,
that in cases where the damage done to the growing
crops of the occupier is caused by game belonging to or
reserved by the owner of the land, such damage may be
made the subject of pecuniary compensation.
23. Resolved, that it is the opinion of this Committee,
that although instances to the contrary have been proved
to your Committee, evidence has been adduced before
them which warrants the conclusion that, in general, a
tenant's just claim for compensation is complied with by
his landlord.
24. Resolved, that it is the opinion of this Committee,
that great difficulty must always exist in determining
the great amount of damage which has been inflicted by
game on growing crops, and that the estimate of such
damage, however skilfully made, is rarely satisfactory to
both parties.
25. Resolved, that it is the opinion of this Committee,
that where, from the vicinity of the preserves of ad-
joining proprietors, such damage must be attributed to
the game bred and preserved therein, the reparation for
such damage cannot generally be made the subject of
previous agreement.
26. Resolved, that it is the opinion of this Committee
that, under these circumstances, cases of hardship may
be expected to recur ; but the extreme difficulty of esta-
blishing the liability of any particular party for the
damage done, or correctly assessing the amount of such
damage, have induced your Committee to reject the
suggestion that an action on the case would be a fitting
or practical remedy for damage done to growing crops
by game.
27. Resolved, that it is the opinion of this Committee
that this species of damage is to be attributed mainly,
if not entirely, to hares and rabbits, and that no appre-
ciable proportion of such damage can be ascribed to
feathered game.
28. Resolved, that it is the opinion of this Committee,
that the law in Scotland with regard to game differs
from that in England in many essential particulars, and
but little evidence respecting that part of the subject has
been adduced before your Committee.

The following is a copy of the resolutions proposed in
Committee by Mr. Bright:—