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Hares Act 1848 (repealed)

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Version Superseded: 27/09/1999

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Hares Act 1848

1848 CHAPTER 29 11 and 12 Vict

An Act to enable Persons having a Right to kill Hares in England and Wales to do so, by themselves or Persons authorized by them, without being required to take out a Game Certificate.

[22nd July 1848]

Modifications etc. (not altering text)

C1Short title “The Hares Act, 1848” given by Short Titles Act, 1896 (c. 14)

C2Act 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

C3Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)

C4Words of enactment repealed by Statute Law Revision Act 1891 (c. 67)

[1.] Persons in the Occupation of inclosed Ground, and in certain Cases Owners, may kill Hares without a Game Certificate.E+W

It shall be lawful for any person, being in the actual occupation of any inclosed lands, or for any owner thereof who has the right of killing game thereon, by himself or by any person directed or authorized by him in writing, according to the form in the schedule to this Act annexed, or to the like effect, so to do, to take, kill, or destroy any hare then being in or upon any such inclosed lands, . . . F1 without the obtaining of an annual game certificate.

Textual Amendments

2 Authority to kill Hares to be limited to One Person at the same Time in any One Parish; Which Authority shall be sent to the Clerk of the Petty Sessions who shall register the same. If Authority revoked Notice to be given of the same.E+W

Provided always, that no owner or occupier of land as aforesaid shall be authorized to grant or continue, under the provisions of this Act, authority to more than one person, at one and the same time, to kill hares upon his land within any one parish; and that he shall deliver the said authority, or a copy thereof, or cause the same to be delivered, to the clerk of the magistrates acting for the petty sessions division within which the said lands are situate, who shall forthwith register the same, and the date of such registration, in a book to be kept by him for such purposes, . . . F2; and the said authority, so soon as it shall have been registered as aforesaid, shall be held good until after the first day of February in the year following that within which the same is granted, unless the same be previously revoked, and notice of such revocation be given to the clerk of the magistrates as aforesaid; and the said registered authority, or the unrevoked register thereof, shall be good and sufficient evidence of the right of the person to whom authority is given by the same to kill hares upon the lands mentioned within the same without having obtained an annual game certificate.

Textual Amendments

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

Textual Amendments

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

Textual Amendments

5 Not to authorize the laying of Poison.E+W

Provided also, that nothing herein contained shall extend or be taken or construed to extend to the making it lawful for any person, with intent to destroy or injure any hares or other game, to 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, or for any person to use any firearms or gun of any description by night, for the purpose of killing any game or hares.

6 Agreements reserving Game to be still in force.E+W

Provided also, that where any tenant of any land for life or lives, years, or otherwise, now is or hereafter shall be bound by any agreement not to take, kill, or destroy any game upon any lands included in such agreement, then and in all such cases nothing herein contained shall extend or be taken or construed to extend to authorize or empower such tenant to take, kill, or destroy any hare upon any such lands so included in such agreement, or to authorize any other person to kill or destroy any hare upon any such lands.

7 Interpretation of Act.E+W

In the interpretation of this Act the singular number shall extend to several persons and things as well as to one person or thing; and any word importing the plural number shall apply to one person or thing as well as to several persons or things; and every word importing the masculine gender only shall extend to a female as well as a male; and the word “agreement” shall include any covenant, proviso, promise, undertaking, condition, or reservation; and the word “parish” shall include any hamlet, township, tithing, or extra-parochial place; and for the purposes of this Act the word “night” shall be considered and is hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise.

8 To extend to England and Wales only.E+W

This Act shall extend to . . . F5 England and Wales.

Textual Amendments

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

Textual Amendments

SCHEDULEE+W

I A.B. do authorize C.D. to kill hares on [“my lands,”or “the lands occupied by me,”as the case may be], within the of [here insert the name of the parish or other place, as the case may be]. Dated this day of [here insert the day, month, and year].

A.B.

Witness.

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