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Game Licences Act 1860

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Game Licences Act 1860

1860 CHAPTER 90

An Act to repeal the Duties on Game Certificates and Certificates to deal in Game, and to impose in lieu thereof Duties on Excise Licences and Certificates for the like Purposes.

[13th August 1860]

Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :

IAfter passing of this Act the Duties in respect of Certificates to kill and deal in Game as contained in 52 G.3 c.93 Sched. (L.) 56 G.3 c.56, and 1 & 2 W.4 c.32 repealed.

Prom and after the passing of this Act the respective Duties of Assessed Taxes now payable under the several Acts of Parliament in that Behalf in respect of Certificates to kill Game in Great Britain and to deal in Game in England, and all the Provisions, Rules, and Directions for assessing, charging, and collecting any of the said Duties contained in Schedule (L.) of the Act passed in the Fifty-second Year of King George the Third, Chapter Ninety-three, and also the Duties now payable in Ireland under the Act passed in the Fifty-sixth Year of King George the Third, Chapter Fifty-six, in respect of every Certificate of having registered a Deputation as a Gamekeeper, and in respect of every Certificate to authorize any Person, not being a Gamekeeper, to kill Game in Ireland, and also the Nineteenth and Twentieth Sections of the Act passed in the First and Second Years of King William the Fourth, Chapter Thirty-two, shall respectively cease and determine, and the same are hereby repealed, except as to any Arrears of the said Duties respectively, and as to any Penalties incurred before the Commencement of this Act.

IIIn lieu of Duties repealed, the Duties herein named to be levied.

In lieu of the Duties hereby repealed there shall be granted, charged, and paid for and upon the several Licences and Certificates to take or kill Game, and Licences to deal in Game, herein-after mentioned, the respective Duties or Sums of Money herein-after expressed or denoted ; (that is to say,)

£s.d.
For a Licence in Great Britain or a Certificate in Ireland to be taken out by every Person who shall use any Dog, Gun, Net, or other Engine for the Purpose of taking or killing any Game whatever, or any "Woodcock, Snipe, Quail, or Landrail, or any Conies, or any Deer, or shall take or kill by any Means whatever or shall assist in any Manner in the taking or killing by any Means whatever of any Game, or any Woodcock, Snipe, Quail, or Landrail, or any Coney, or any Deer :
If such Licence or Certificate shall be taken out after the Fifth Day of April and before the First Day of November,
To expire on the Fifth Day of April in the following Year300
To expire on the Thirty-first Day of October in the same Year in which the Licence or Certificate shall be taken out200
If such Licence or Certificate shall be taken out on or after the First Day of November,
To expire on the Fifth Day of April following200
Provided always, that any Person having the Right to kill Game on any Lands in England or Scotland shall be entitled to take out a Licence to authorize any Servant for whom he shall be chargeable to the Duty of Assessed Taxes as a Gamekeeper to kill Game upon the same Lands, upon Payment of the Duty of200
And for every Licence to deal in Game in England, Scotland, or Ireland, to be granted under this Act200

IIIDuties granted to be Excise Duties under the Commissioners of Inland Revenue.

The Duties by this Act granted shall be under the Management of the Commissioners of Inland Revenue, and shall be deemed to be Excise Duties, and all the Powers, Provisions, Clauses, Regulations, and Directions contained in any Act relating to Excise Duties or to Penalties under Excise Acts, and now or hereafter in force, shall respectively be of full Force and Effect with respect to the Duties by this Act granted, and to the Penalties hereby imposed, so far as the same are or may be applicable, and shall be observed, applied, and enforced for and in the collecting, securing, and recovering of the said Duties and Penalties hereby granted and imposed respectively, and otherwise in relation thereto, so far as the same shall be consistent with and not superseded by the express Provisions of this Act, as fully and effectually as if the same had been herein repeated and specially enacted in this Act with reference to the said last-mentioned Duties and Penalties respectively.

IVLicence to be taken out for taking or killing Game in Great Britain. Penalty for Neglect.

Every Person before be shall in Great Britain, take, kill, or pursue, or aid or assist in any Manner in the taking, killing, or pursuing, by any Means whatever, or use any Dog, Grun, Net, or other Engine for the Purpose of taking, killing, or pursuing any Grame, or any Woodcock, Snipe, Quail, or Landrail, or any Coney, or any Deer, shall take out a proper Licence to kill Grame under this Act, and pay the Duty hereby made payable thereon; and if any Person shall do any such Act as herein-before mentioned in Great Britain without having duly taken out and having in force such Licence as aforesaid, he shall forfeit the Sum of Twenty Pounds.

VExceptions and Exemptions.

The following Exceptions and Exemptions from the Duties and Provisions of this Act are hereby made and granted; (that is to say,)

  • Exceptions

    1.

    The taking of Woodcocks and Snipes with Nets, or Springes in Great Britain.

    2.

    The taking or destroying of Conies in Great Britain by the Proprietor of any Warren or of any inclosed Ground whatever, or by the Tenant of Lands, either by himself or by his Direction or Permission.

    3.

    The pursuing and killing of Hares respectively by coursing with Greyhounds, or by hunting with Beagles or other Hounds.

    4.

    The pursuing and killing of Deer by hunting with Hounds.

    5.

    The taking and killing of Deer in any inclosed Lands, by the Owner or Occupier of such Lands, or by his Direction or Permission.

  • Exemptions

    1.

    Any of the Royal Family

    2.

    Any Person appointed a Gamekeeper on behalf of Her Majesty by the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, under the Authority of any Act of Parliament relating to the Land Revenues of the Crown.

    3.

    Any Person aiding or assisting in the taking or killing of any Game, or any Woodcock, Snipe, Quail, Landrail, or Coney, or any Deer in the Company or Presence and for the Use of another Person who shall have duly obtained, according to the Directions of this Act, and in his own Right, a Licence to kill Game, and who shall by virtue of such Licence then and there use his own Dog, Gun, Net, or other Engine for the taking or killing of such Game, Woodcock, Snipe, Quail, Landrail, Coney, or Deer, and who shall not act therein by virtue of any Deputation or Appointment.

    4.

    And as regards the killing of Hares only, all Persons who, under the Provisions of the Two several Acts, 11th and 12th Victoria, Chapter 29 and Chapter 30 respectively, are authorized to kill Hares in England and Scotland respectively, without obtaining an annual Game Certificate.

VINothing herein to alter 11 & 12 Vict. cc.29 and 30, except that "Game Certificate" in said Acts, and also in 1 & 2 W.4 c.32, shall be read as "Licence to kill Game".

Provided, always, That nothing herein contained shall extend to repeal, alter, or affect any of the Provisions of the said Two several Acts of the Eleventh, and Twelfth Years of Her Majesty, Chapter Twenty-nine and Chapter Thirty, further than that the Term "Game Certificate" in the said Acts respectively used shall be construed to mean a Licence to kill Game under the Provisions of this Act, and shall be so read accordingly; and that the Term "Game Certificate" used in the Act of the First and Second Years of King William the Fourth, Chapter Thirty-two, shall be construed and read in like Manner ; and that wherever in the said last-mentioned Act the Duty of Three Pounds Thirteen Shillings and Sixpence on a Game Certificate is mentioned, the Duty of Three Pounds on a Licence to kill Game shall be read in lieu.

VIILicences may be taken out on behalf of Assessed Servants acting as Gamekeepers for Persons having right to kill Game, or under Deputations from Lords of Manors.

Any Person having the right to kill Game on any Lands in England or Scotland, and being charged or liable to be charged to the Assessed Tax on Servants in respect of any Gamekeeper, by whomsoever deputed or appointed, and whether deputed or appointed or not, and any Person granting a Deputation or Appointment in Great Britain to the Servant of any other Person who shall be duly charged to the Assessed Tax' on Servants in respect of such Servant, whether as Gamekeeper or in any other Capacity, with Power and Authority to take or kill any Game, shall respectively be at liberty to take out a Licence to kill Game on behalf of any such Servant, oh Payment of the Duty of Two Pounds for the Year ending on the Fifth Day of April, and such Licence shall exempt the Servant named therein during his Continuance in the same Capacity and Service, and on his quitting such Service shall also exempt any Servant who shall succeed him in the same Service and Capacity, or who shall succeed to the Deputation of the same Manor or Royalty or Lands within the Year for which the Licence is granted, during the Remainder of such Year; and no such Servant on whose Behalf a Licence shall have been duly obtained as aforesaid shall be required to obtain a Licence for himself, or be liable to any Penalty by reason of not obtaining a Licence in his own Name.

VIIIOn Change of Gamekeeper, or Revocation of Deputation, Licence may be continued to Successor.

Every such Licence to kill Game taken out on behalf of any such Servant as aforesaid shall, upon the Revocation of any such Deputation or Appointment, or on his quitting the Service of the Master by whom such Licence shall have been taken out, be from thenceforth of no further Effect as to the Person named therein as such Servant, or so deputed or appointed as aforesaid ; but if within the Year for which such Licence was granted the said Master, on the quitting of such Servant, shall employ another Servant as Gamekeeper in his Stead, or the Person by whom such Deputation or Appointment was made shall on the Revocation thereof make a new Deputation or Appointment to any Person in his Service, of in the Service of the same Master by whom such Licence shall have been taken out, and who shall have been charged or be chargeable to the said Assessed Tax on Servants as aforesaid, the Officer by whom such Licence was granted, or the proper Officer appointed by the Commissioners in that Behalf, shall renew such Licence for the Remainder of that Year, on behalf of the fresh Servant or the Person so newly appointed, as the Case may be, without Payment of any further Duty, by indorsing on such Licence the Name and Place of Abode of the said last-mentioned Servant, or the Person to whom such last-mentioned Deputation or Appointment shall have been granted, and declaring the same to be a renewed Licence free of Duty.

IXSuch Licences not available for Acts done out of Limits of the Manor or Lands for which the Parties are appointed Gamekeepers.

Provided always, That no such Licence taken out for or on behalf of any Person, being such Servant or acting under a Deputation or Appointment as aforesaid, shall be available for such Person in any Suit or Prosecution where Proof shall be given of his doing or having done any Act for which a Licence is required under this Act on Land on which his Master had not a Right to kill Game.

XPersons doing any Act requiring 9 Licence to kill Game to produce the same, on Demand, or declare their Names, Places of Residence, &c. Penalty for Refusal.

If any Person shall be discovered doing any Act whatever in Great Britain in respect whereof a Licence to kill Game is required under this Act, by any Officer of Inland Revenue, or by any Lord or Gamekeeper of the Manor, Royalty, or Lands wherein such Person shall then be, or by any Person having duly taken out a proper Licence to kill Game under this Act, or by the Owner, Landlord, Lessee, or Occupier of the Land on which such Person shall then be, it shall be lawful for such Officer or other Person aforesaid to demand and require from the Person so acting the Production of a Licence to kill Game issued to him; and the Person so acting is hereby required to produce such Licence to the Person so demanding the Production thereof, and to permit him to read the same, and (if he shall think fit) to take a Copy thereof or of any Part thereof; or in case no such Licence shall be produced to the Person demanding the same as aforesaid, then it shall be lawful for the Person having made such Demand to require the Person so acting forthwith to declare to him his Christian and Surname and Place of Residence, and the Place at which he shall have taken out such Licence; and if such Person shall, after such Demand made, wilfully refuse to produce and show a Licence to kill Game issued to him, or in default thereof as aforesaid to give to the Person so demanding the same his Christian and Surname and Place of Residence, and the Place at which he shall have taken out such Licence, or if he shall produce any false or fictitious Licence, or give any false or fictitious Name or Place, or if he shall refuse to permit any Licence which he may produce to be read, or a Copy thereof or of any Part thereof to be taken, he shall forfeit the Sum of Twenty Pounds.

XILicence to be void if Party be convicted of any Offence under 1 & 2 W.4 c.32 or 2 & 3 W.4 c.68.

If any Person, having obtained a Licence to kill Game under this Act, shall be convicted of any Offence under Section Thirty of the said Act of the First and Second Years of King William the Fourth, Chapter Thirty-two, or under the Act of the Second and Third Years of King William the Fourth, Chapter Sixty-eight, the said Licence shall thenceforth be null and void.

XIICommissioners to publish Lists of Persons licensed to kill Game.

The Commissioners of Inland Revenue shall, when and as they shall see fit, cause Lists of the Names and Residences of the several Persons to or for whom Licences to kill Game have been granted under this Act to be inserted in such Newspapers or published in such other Manner as to them shall seem proper, distinguishing in such Lists the Persons acting under any Deputation, Appointment, or Authority from others, and the Manors, Royalties, or Lands for which Deputations, Appointments, or Authorities have been granted, and also distinguishing the Rate of Duty paid for such Licences.

XIIIProvisions of 1 & 2 W.4 c.32 and 2 & 3 Vict. c.35, relating to Licences to deal in Game, to be in force throughout the United Kingdom.

All the Clauses and Provisions of the Two several Acts passed respectively in the First and Second Tears of King William the Fourth, Chapter Thirty-two, and the Second and Third Years of Her present Majesty, Chapter Thirty-five, relating to the granting of Licences by Justices of the Peace to deal in Game, and to the holding of Special Sessions by such Justices in their respective Divisions or Districts for the Purpose of granting such Licences, and also all the Clauses, Provisions, and Penalties contained in the said Acts or either of them relating to Dealers in Game, and to the selling of Game, either by or to such Dealers or others, shall, so far as the same are consistent with the express Provisions of this Act, and as the same are altered or amended by this Act, extend to and be of full Force and Effect in and throughout the whole of the United Kingdom, and shall be observed, applied, and enforced as if the same, so altered or amended and made consistent with the express Provisions of this Act, had been herein repeated and specially enacted : Provided always, that no Person shall be authorized to sell Game to any licensed Dealer unless he shall have taken out a Three Pound Licence under this Act.

XIVPersons licensed by the Justices to deal in Game to pay for and obtain a Licence under this Act.

Every Person who shall have obtained any Licence to deal in Game from the Justices of the Peace, under the Provisions of the said Two several Acts in the preceding Clause mentioned, shall annually, and during the Continuance of such Licence, and before he shall be empowered to deal in Game under such Licence, obtain a further Licence to deal in Game under this Act, on- Payment of the Duty hereby charged thereon; and if any Person obtaining a Licence from the said Justices as aforesaid shall purchase or sell or otherwise deal in Game before he shall obtain a Licence to deal in Game under the Provisions of this Act, he shall forfeit the Sum of Twenty Pounds.

XVLicences to deal in Game under this Act to be granted only to those who have obtained Licences from the Justices. List of Persons licensed to be kept for Inspection.

Provided always, That no Licence to deal in Game shall be granted under the Provisions of this Act to any Person, except upon the Production of a Licence for the like Purpose duly granted to him by the Justices of the Peace as aforesaid, and then in force; and every Officer appointed or authorized to grant Licences to deal in Game under this Act shall in each Year make out a List, to be kept in his Possession, containing the Name and Place of Abode of every Person to whom he shall have granted or issued a Licence to deal in Game under this Act, and such Officer shall at all seasonable Hours produce such List to any Person making Application to inspect the same, and shall be entitled to demand and receive for such Inspection the Sum of One Shilling.

XVIBy whom Licences shall be granted, and Form thereof. Duration and Expiration of Licenses.

All Licences and Certificates to kill Game and to deal in Same respectively, under the Provisions of this Act; shall he in such: Form as the Commissioners of Inland Revenue shall from Time W Time provide in that Behalf, and shall denote the Amount of Duty charged thereon respectively, and shall he granted, signed, and issued at the Chief Office of Inland Revenue in London, Edinburgh, and Dublin respectively, and by the several Supervisors of Excise in their respective Districts, or by such other Officers of' Inland Revenue and at such Places as the said Commissioners shall think fit to employ and appoint respectively in that Behalf; and every such Licence shall contain the proper Christian and Surname and Place of Residence of the Person to whom the same shall be granted, with any other Particulars which the Commissioners of Inland Revenue may direct to be inserted therein, and shall be dated on the Day when the same was actually issued, and shall have Effect and be in force upon the Day of the issuing thereof, and shall expire on the Day therein mentioned for the Termination thereof.

XVII5 & 6 Vict. c.81 relating to Game Certificates in Ireland to continue in force.

All the Clauses, Powers, Provisions, and Regulations, Pains and Penalties, contained in or imposed by the Act passed in the Fifth and Sixth Years of Her Majesty's Reign, Chapter Eighty-one, relating to Certificates to kill Game in Ireland, shall be of full Force and Effect and shall be applied in Ireland to the Certificates to be granted under this Act and the Duties hereby imposed thereon, as fully and effectually as if the same were herein repeated and specially enacted in reference to such last-mentioned Certificates and Duties.

XVIIILicences and Certificates to be available throughout the United Kingdom.

Every Licence and Certificate to kill Game taken out respectively in Great Britain and Ireland under this Act by or on behalf of any Person in his own Right, and not as a Gamekeeper or Servant, shall be available for the killing of Game in any Part of the United Kingdom.

XIX7 & 8 G.4 c.49 repealed.

The Act passed in the Seventh and Eighth Years of King George the Fourth, Chapter Forty-nine, intituled An Act to exempt Persons who have procured Game Certificates in Great Britain from the Duty on Game Certificates in Ireland, and to authorize the Persons who have paid Duty on Game Certificates in Ireland to kill Game in Great Britain upon paying the additional Duty only, shall be and the same is hereby repealed.

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