Section 12 Where the landlord, &c. has the right to the game, in exclusion of the occupier, the occupier shall be liable to a penalty for killing it.F1
Where the right of killing the game upon any land is by this Act given to any lessor or landlord, in exclusion of the right of the occupier of such land, or where such exclusive right hath been or shall be specially reserved by or granted to, or doth or shall belong to, the lessor, landlord, or any person whatsoever other than the occupier of such land, then and in every such case, if the occupier of such land shall pursue, kill, or take any game upon such land, or shall give permission to any other person so to do, without the authority of the lessor, landlord, or other person having the right of killing the game upon such land, such occupier shall, on conviction thereof before two justices of the peace, forfeit and pay for such pursuit such sum of money not exceeding F2level 1 on the standard scale, and for every head of game so killed or taken such sum of money not exceeding F3level 1 on the standard scale, as to the convicting justices shall seem meet, F4. . . .
Annotations
Textual amendments
- F1
Act (as extended to Scotland by Game Licenses Act 1860 (c. 90), s. 13) repealed (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2 (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(l)(ii) (as amended by S.S.I. 2011/287, art. 2)
Act repealed (N.I.) (17.8.2011) by Wildlife and Natural Environment Act (Northern Ireland) 2011 (c. 15), s. 40(1), Sch. 3 Pt. 2; S.R. 2011/285, art. 2, Sch.
- F2
Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
- F3
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
- F4
Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I