1831. PARSONS บ. CHAPMAN. him; and I do not know that there can be any stronger evidence that a person causes the pieces to be performed. In answer to a question asked of the Court by the Jury, his Lordship said "If the defendant caused the performance, that is sufficient; and it makes no difference, that he did so as an agent for others." Verdict for the plaintiff, for seven penalties. Lord TENTERDEN, C. J.-Do you find for the acting, or the causing to be represented, or both. The Foreman of the Jury-Both. Sir J. Scarlett, Campbell, and Adolphus, for the plaintiff. J. Williams, for the defendant. [Attornies-Lowdham & Co., and Rogers & Co.] By the stat. 10 Geo. 2, c. 28, s. 1, it is enacted, "That every person who shall, for hire, gain, or reward, act, represent, or perform, or cause to be acted, represented, or performed, any interlude, tragedy, comedy, opera, play, farce, or other entertainment of the stage, or any part or parts therein, in case such person shall not have any legal settlement in the place where the same shall be acted, represented, or performed, without authority by virtue of letters patent from his Majesty, his heirs, successors, or predecessors, or without licence from the Lord Chamberlain of his Majesty's household for the time being, shall be deemed to be a rogue and a vagabond within the intent and meaning of the said recited act; [12 Ann. st. 2, c. 23, which is repealed by 13 Geo. 2, c. 24], and shall be liable and subject to all such penalties and punishments, and by such methods of conviction, as are inflicted on or appointed by the said act for the punishment of rogues and vagabonds, who shall be found wandering, begging, and misordering themselves, within the intent and meaning of the said recited act." By sect. 2 of the same stat. it is enacted, "That if any person having or not having a legal settlement as aforesaid, shall, without such authority or licence as aforesaid, act, represent, or perform, or cause to be acted, represented or performed, for hire, gain, or reward, any interlude, tragedy, comedy, opera, play, farce, or other entertainment of the stage, or any part or parts therein, every such person shall, for every such offence, forfeit the sum of 50%.; and in case the said sum of 50%. shall be paid, levied, or recovered, such offender shall not, for the same offence, suffer any of the pains or penalties inflicted by the said recited act." By sect. 6 of the same stat. it is enacted, "That all the pecuniary penalties inflicted by this act, for offences committed within that part of Great Britain called England, Wales, and the town of Berwick-upon-Tweed, shall be recovered by bill, plaint, or information, in any of his Majesty's Courts of record at Westminster, in which no essoin, protection, or wager of law shall be allowed; and for the offences committed in that part of Great Britain called Scotland, by action or summary complaint before the Court of Session or Justiciary there; or for offences committed in any part of Great Britain, in a summary way before two justices of the peace for any county, stewartry, riding, division, or liberty, where any such offence shall be committed, by the oath or oaths of one or more credible witness or witnesses, or by the confession of the offender; the same to be levied by distress and sale of the offender's goods and chattels, rendering the overplus to such offender, if any there be, above the penalty and charge of distress; and for want of sufficient distress, the offender shall be committed to any house of correction in any such county, stewartry, riding, or liberty, for any time not exceeding six months, there to be kept to hard labour; or to the common gaol of any such county, stewartry, riding, or liberty, for any time not exceeding six months, there to remain without bail or mainprize; and if any person or persons shall think him, her, or themselves aggrieved by the order or orders of such justices of the peace, it shall and may be lawful for such person or persons to appeal therefrom to the next general quarter sessions to be held for the said county, stewartry, riding, or liberty, whose order therein shall be final and conclu sive; and the said penalties for any offence against this act shall belong, oue moiety thereof to the informer or person suing or prosecuting for the same, the other moiety to the poor of the parish where such offence shall be committed." By sect. 8 of the same stat."No person shall be liable to be prosecuted for any offence against this act, unless such prosecution shall be commenced within the space of six calendar months after the offence committed." By the stat. 5 Geo. 4, c. 83, it, is enacted, "That all provisions heretofore made relative to idle 1831. PARSONS บ. CHAPMAN. Dec. 10th. within the stat. 52 Geo. 3, c. 93, for not producing his game certificate, it is not necessary that the demand of it SCARTH, Gent., One &c., v. GARDENER, Esq. To bring a party LIBEL. The declaration stated that the defendant had published a libel of and concerning the plaintiff. The libel was headed-" Conviction of an attorney for poaching," and professed to give an account of an appeal of the plaintiff against a conviction of the defendant, "for not producing a game certificate on demand, and refusing to sporting; but the give his name," &c. There was no plea of the general demand must be issue, but there were five pleas of justification; and in the diately after the first of them, (which was the only one relied on), it was party has left the stated (inter alia) that the plaintiff had shot over certain should be made on the land on which he was made so imme land, as to form a part of the same transaction. It is not ne person making the demand should produce any certificate; and if the other preserves within the manor of Harleyford, and on those occasions did elude the vigilance and pursuit of the gamecessary that the keepers by refusing to produce a game certificate, or declare his name and place of residence, as is by law required; and that one William Goodey came before the defendant, being a justice and commissioner of taxes, and upon the oath of Edward Merry, a credible witness, exhibited his information. It then stated the information, which alleged that Merry was the gamekeeper of the Hon. Henry Walker, that the plaintiff was killing game, and that Merry had required the plaintiff to produce his game certificate, and that he refused to produce it, and also to tell party refuses to If a person refuses to produce his game certificate, or to tell his name or residence, the person demanding need not go on to ask in what place, if any, he is assessed to the game duty. If a plea justifying a libel state that an information was laid before a magistrate, an examined copy of the magistrate's conviction, reciting the information, is sufficient proof of the information. his Christian and surname, and place of residence, and the parish or place, if any, in which he was assessed. This plea went on to state the conviction of the plaintiff before the defendant on the statute 52 Geo. 3, c. 93, and the plaintiff's appeal and the affirmance of the conviction. Replication-de injuria. Platt, for the plaintiff, having opened the pleadings, Sir J. Scarlett, for the defendant, stated his case. It appeared that the plaintiff was out shooting in the neighbourhood of Henley upon Thames; and that Edward Merry, the gamekeeper of the Hon. Henry Walker, seeing him shooting in a field within his manor, asked him to produce his game certificate, which he would not do; and that he also asked the plaintiff his Christian and surname, and residence, and also where he was assessed (if any where) to the game duty, which the plaintiff would not tell him. It also appeared that another gamekeeper, named House, seeing the plaintiff sporting in a field, went after him; but, before he overtook the plaintiff, the latter had got into a public road; and there House asked him to produce his certificate; and on his refusing to do so, he asked him his name and residence; but these the plaintiff also refused to tell; and House did not go on to ask him in what parish or place he was assessed to the game duty. An examined copy of the conviction of the plaintiff before the defendant was put in. It had been procured from the office of the clerk of the peace. It recited the information of William Goodey, exhibited on the oath of Edward Merry, as stated in the plea. Campbell, for the plaintiff, objected that the information must be put in. Lord TENTERDEN, C. J.-The conviction which is put in is sufficient evidence of it. 1831. SCARTH v. GARDENER. Campbell, in reply.- With respect to the demand of the certificate by House, that amounts to nothing. By the act of Parliament it is required that the party should be first asked for his certificate; and, if that is not produced, he must be asked his Christian and surname, and residence, and in what parish or place (if any) he is assessed. Lord TENTERDEN, C. J.-If he refused to tell his name and residence it was quite useless to go on to ask any other question. Campbell. The second gamekeeper, House, when he asked for the certificate, did not do so on the land, the plaintiff being then on the turnpike road. Lord TENTERDEN, C. J., (in summing up).—I am not prepared to say that the demand of the certificate must be made on the land. It might happen, that, seeing the gamekeeper, a person might get into the road before the keeper could come up to him, and thus the statute might be evaded. However, I think that the demand, if not actually made on the land, must be made immediately, and so as in some degree to form a part of the same transaction. It is not necessary that a gamekeeper making the demand should produce any certificate; and, if the other party refuse to produce his certificate, he does so at the risk of whether the party demanding it is a gamekeeper, or other person having a right to demand it. His Lordship asked the Jury, in case they found for the defendant, to inform him what damages they would give if the facts stated in the plea did not amount to a justification of the whole of the statements of the libel. The Jury found a verdict for the defendant on the first plea; and said they should give 1s. damages, in case the plea should not be sufficient. |