Star.
London, England, 1817-03-22 00:00:00

CAME ACT REPIAL BILL.

Sir S. ROMILLY moved the second reading of
the Bill for repealing the Act passed in the last Ses.
sion of Parliament for the Preservation of Game.
Mr, BAN ICES wished to gain further time for the
consideration of the measure now before the House ;
be sheuld, therefore, object to the second reading of
the,Bill on this day. He moved that the word now
should be omitted in the motion, for the purpose of
inserting the words 4‘ next Monday se'nnight."
Sir S. ROMILLY could by no means accede to
this amendment, which it would be seen was of con-
siderable importance. He ' called the House to the
notate of the Bill, and the evil which it was meant
to meet. As the law stood by the Act hurried
through the House at the close of last Session, any
person found out at night on the grounds of another,
with nets or any materials for, takintg game, was lia-
ble to seven years transportation. 'I hey would incur
this penalty by merely going one to catch game, with-
out having any arms in their possession. He repeated
the' neiny incongruities in this Act, which be had on
a former night described, particularly of its making
the time night until seven o'clock on the Ist of Oc-
tober. His Bill was by no means intended to clash
with the Honourable Baronet's, but that of the latter
was not be discussed so as to become operative at
the ensuing Quarter Sessions—(hear, hear.) If he
would bring it on now, he (Sir S. Rumilly) would
at once relinquish his—this he wished merely for
the sake of having it in force at the next Sessions,
which would be impossible on account of the inter-
vention of the Easter recess should the amendment
be carried. The Act, as it stood, was on all sides
generally reprobated, as a measure fraught with
great injustice; and yet some of these who made this
admission said, 8, Let us commit this injustice during
the next Quarter Sessions, and then we will repeal
the measure."—(Bear.) To this arrangement he
could never consent. He knew very well that there
were several guilty persons in custody who deserved
punishment; but it was also possible that there were
ethers who did not deserve to incur the heavy penalty
now inflicted by the Act. If the matter were merely
to stand over during an Assizes, he might be inclined
to Concede the point, for then the discretion of the
Judge would be found to mitigate the severity of the
law, according to the petuliar nature and character
of the case ; but he must be excused it he could not
grant this discretionary power to the Magistrates at'
the 'Quarter Sessions. He meant no disrespect to
these Gentlemen, who were entitled to the thanks of
the public for,the manner in which they gratuitously
discharged the arduous duties which they exercise.—
(.11earkkar.) There 'was something, however, in
the Game Laws which: made Gentlemen in the coun. '
.try not act as they were wont to do on other subjects,
and he was much mistaken if those Laws were not Nlie-
pensed by them with greater severity than any others.
He had heard of many instances in which persons
were transported, without being found with arms,
but merely possessing nets for seizing game. In the
county of Dorset there were two such instances, and
the cases had nothing of aggravation about them.-
I'his Act, he had already observed, had almost passed
in secrecy. It was not promulgated through those
channels of publicity to which the people at large
looked for information upon enactments. It may be
said therefore to have been to those who suffered un-
ties it, an ex post facto: law. though the Magistrates
who were to administer it must have been officially
furnished with the Ad. The Honourable and Lear-,
ned Gentleman. then adverted • to the. situation of
things if the Act were repealed. It was said that this
measure had received the approbation of his much-
rlameeted Friend (the lateolittr. Horner): all who knew
that inestimable man must attach considerable value
so what had been his opinion upon any measure.—
They well knew, among his other eminent qualities,
the peculiar jealousy with which' he was inclined to
guard the liberties of the .snbjest, .and to protect
them Imes oftression—e(liesroelsrer.) If his lamented
Fricsid hid expressed such sin opinion 41 favour of I

the measure, it must have been in a moment of greu
forgetfulness. Now he did happen to know, that if
his lamented Friend had so expressed himself, he nee
very soon retracted that opinion, for, tug, t Alto nioht,
ht accompanied him down to the H use to cion•e
the Bill, an opposition that was atiervi arch r
quished, in consequence of the measure hissing been
modified. As it stood before this itioeific.. too, two
Magistrates were empowered to transuort their
own authority, and it was extended to giving y.e
parties accused the benefit of a Jury. As to l',e
ture of the offence, he was luny convinced ti at the
greater severity of the Game Laws h.id m.,.t 1.1. ed
the crimes which they were intended to n e t. In the
same propor:ion as these laws sei =tend.-.i.. nuld
be found in an equal degree a cl an;;. in the ch.irac.
ter of the people, who were to c• n,nut act% of
atrocity that were never known bdore in •
try. This character he was'alsaid was :int confide
tc the lower orders of the people—a o •ticl its way
into other circles—and he could not riv.tlook the
prevailing practice of planting steel gulls aud spring
traps, not near Gentlemen's houses, but in di.,
tent parts of their grounds, by which dre.sifnl ac-
cidents occurred, and often to innocent person,
It was the opition LI an eminent Lawyer dirt it a
person lost his life in one of these ttato, the Mdse
dual who placed it there 'mild legaily inchr the
penalty attachecrto murder. He (S S. R
would not go quite this length ; but eh. re
no doubt that setting such traps was A hoot
act, and would expose the person so plraihg duos to
a highly aggravated charge of m tnsl.tt: ter-1
hear). Triis sort.of mukttal violence 1i .d on, it
created a sort of intestine war th 4t ought to be re-
pressed. As to the Game yes, more Alan any
other, they should be subject to calm tleiihrr .ti ~
for they never could expect to possess that sort 4
moral force which op;iisi.tt gave to other Acts. Pie
people never could he broughi to think mat it :vas
dishonest for unqualified persons to 101 game. 'line
Honourable and Learned Gentleman ai a
proof cf the ignorance of the people as to nth •ei fray
of these laws, that, on some poacliers, %co,. w, biting
taken in Northumbeiland, being isd.o-nied t•.. • :lay
incurred the penalty of transportation, tli, ti ex
their astonishment, and exclaimed, ;
known o.ac, they would not have been .0
easily." This was the consequence of a law of sued
severity ; those against whom it was direct( d ti...ught
they might as well take the chalice 01 a desper•ae
resistance. Under all the circumbtanci tof the cAs..,
he hoped the House would suffer die 11.11 to be read
" slows'? a second time.
Sir C. MONCK stated, that lie was the Magistrce
who committed these poachers in Northumberland--
they were certainly entitled to little commiseratioh,
for they had made great resistance to the gainekerpri;
who took them, after a long struggle. The I ersons
taken had subsequently been punisl e 3, ai.d, a, he
thought, justly, with transportation. Thry wer, twit
notorious poachers. The statute might be inytova,
but he was certainly against its being Altngethir .4!):41.
Boned. If this Act were repealed Joddri's Act
would, .01 necessity, be revived, which consigned to
three Justices the power that was now only ictrustki
to a Jury. It was said that the penalty was some.
times mitigated, on condition of the effender going
into the army or navy. For his own part he Me
little mitigation in this, for he would prefer going for
seven years to Botany Bay, to being compelled to
enlist for seven years—(4 f laugh.) He would vote fur
the Amendment.
Mr. HUSKISSON was also In ramie of the ArrendrnenP. ITe
alluded to the outrages and frequent murders of which puafhers
were guilty, and the necessity of restraining such acts by severe
penalties. The Bill, in fact, was more to preserve human hie
than to preserve game; and, indeed, it would be better so omit
the menthol of game altogether. and to let the Bill go to alYec:
aimed bodies found out at hien—Weer. hear,/ rime Sir S. RroiSy.)
After a few words from air EOLILTOt4 Be reams and G. Lena
TWORNTON, the Gallery was demi for a division.—Ayes, le;
Noes 90. Consequently the second reading was postponed.