[1706/10/458]¹

Act for preserving the game

Our sovereign lady, with advice and consent of parliament, does hereby strictly prohibit and discharge, in all time coming, the killing of muirfowls from 1 March to 20 June, and partridges from 1 March to 20 August inclusive, under the penalty of £20 Scots on each occasion, the half whereof to be given to the discoverer and the other half to be at the disposal of the judge before whom the same shall be examined. And for the better preventing the killing of these fowls during the foresaid prohibited seasons, her majesty, with advice foresaid, does strictly prohibit and discharge the selling, buying or using of these fowls during the foresaid seasons within any burgh, village or private house within this kingdom, under the penalty foresaid to be applied as above. As also, it is hereby discharged that no common fowlers shall presume to hunt on any grounds without a subscribed warrant from the proprietors of the said grounds, under the penalty foresaid, besides forfeiting their dogs, guns and nets to the apprehenders or discoverers. And its herby further provided that no fowler or any other person whatsoever shall come within any heritor's ground without leave asked and given by the heritor with setting dogs and nets for killing fowls by nets, and if any common fowler shall be found in any place with guns or nets having no licence from any nobleman or heritor, they shall be sent abroad as recruits. As also, that no persons whatsoever shall shoot hares under the foresaid penalty. And for the better executing of this law her majesty, with advice foresaid, appoints and ordains all sheriffs of shires, stewarts of stewartries, justices of peace, masters of the game, bailies of burghs or regalities, to put the same in due execution under the penalty of £100 Scots, for which penalty it is herby declared that the said judges shall be liable to the pursuer or complainer before the lords of session upon an instrument taken by the said pursuer or complainer that the judge applied to refused or delayed to examine the complaint according to law and to discern in the terms of this act. And lastly her majesty, with consent foresaid, does herby ratify and approve all former acts made anent the game except in so far as they are hereby innovated and altered by this present act.