The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1874-12-24

CRIMINAL and NHalNf4ee N"A FIT 3 FaA
around any part OF my land such aB
enclosure as keeps the game, It dol
u.eafs &, thea e is no longer trss
aa,ar1s. bsta damesucatcd animal and
ifyoa enter my enclosure aud kili
nay birds you do the same. ia law, that
You would do II you come into my
garden aud killed my house pigeons.
But II my rabbits or my phcasaats es.
cape from my enclosure and ~ upon
yours, you can Bill them While ia
the enclosure my property is absolute
II the game killed is such as is fit for
human food, the trespasser is guilty o.
larceny as well a. poaching
The distinction /, made 10 another way
The deer or othergAme in forests desoends
with the land aud IN case Of eutailed
property goes 10 the heir aud not to the
executor, but where they are domesti-
Gated and kept In Enclosures they become
destrainable or descend to the executor,
when the estate is eutsiled. They are
personal property Ike sheep.
A person may have qualified property
Ia game, or, 10 other words, the right OF
killing il Ia exclusion Of other persons by
reason Of privilege derived from grant
Of franchise OF forest, free chase,
park OF a warren. But ia aI these cases
the right springs from the ownership Of
the sol by those granting the right. II
the nited States saw lit TO grant to A OF
the exclusive right of forest, free chase,
park or warren over tract of say 100000
acres of land ia some Of her territories
while the title was yet in the common
wealth, subsequent titles from the gov
ernmeut would be conveyed subject TO
the hunting privilege. Warren, forest,
park and chase have to do with moditiea-
tons of the right of killing game derived
from the crown or other owners in anal
agous cases. The subject has no interest
to the American reader. 1t may be re-
marked, however, that the old pernicious
penalties such as castration, putting out
the eyes, cutting off the hands and feet
were inflicted for the protection OF he
crown right in lands.
The statutes provide for the protection
OF game aud for revenue. Those for pro-
lection are: LIST Statutes for close time. 1t
is forbidden (a) to kill on Sunday or
Christmas (b) The killing Of pheasants,
partridges, etc, except during certain
months. (c) The buying or selling or
having in possession game after Il certain
period in close time. % Prohibiting the
destruction of eggs. Sd Prohibiting
( trespass IN pursuit OF game. (a) In the
/ day time the penalty where the trespasser
+ is alone is $40. (b) If he has four or
more companions the penalty may be $50
/ Co The owner or occupant may order
+ trespassers off the property, demand their
/ names aud residence aud, if they refuse,
can commit them. (D Night poaching
/ in open or closed lands or in public high
ways, or being in such places in the night
armed with guns, or with nets cts, is
punishable Win imprisonment for three
months, aud in default of security for S2j
for good conduct for a year, TO six
months more OF imprisonment. II they
enter enclosures in parties Of three or
more with guns, at night, they may get
fourteen years of penal servitude. (e)
Gamekeepers, etc, may take the game
away from poachers day or night. @
Constables can search the person or dom
fcie on suspicion. 4th Allows gamckeep.
ers to take away nets, guns and dogs
from persons not having license. 9th
All persons dealing in game must have a
license. The licensed seller must not be
an inkeeper, victnalIer or seller of beer
or liquors, person employed or having
to do with any public conveyance. These
dealers must not buy game OF any one
who has not license to kill game. Nc
one is allowed to sell 10 any one but d
dealer, no one is allowed to buy, as above
noted, of any but licensed dealer. Il
I kill the partridges on my own land
cannot sell but TO the dealer, il you wisl
TO purchase pair you must buy them o
TIE dealer.
OF licenses. Every person must tax,
ont license before he cah kill ANY game
!. G., hares, pheasants, partridges, wood
cock, snipe. rabbits, grouse. flock %
moor game, land rail, comics or deer II,
must show his license when demanded
by the gamekeeper, landowner, lessee ol
any licensed person. lie must give hi,
name and address. A list OF persons
licensed is published. This license give,
no right to shoot on any ones land nol
upon public highway. 1t is simply thu
imperative an.ecedent to shooting upof
his own land even The gamekeeper Of
licensed person is free to shoot while IL
his masters service. The exceptions tC
: the rule for license are, lst, taking wood
cock with nets or springs; "a, for de-
stroying rabbits in The service Of the pro
prietor; 80, for coursiBg hares 4lh, chas
. ing deer with hounds; 9th, taking and
killing deer by the proprietor ia en-.
closures. The members Of the royal FAM
ly, gamekeepers on crown lands and
guests of those having license are exempt
This, substantially, Is the English game
code. SO much Of it as rests on the com
mon law is almost identical with that
which by operation Of the common law
/ exists In every state in the Union, for
believe every state has formally adopted
as a part Of its own, the common law o