Game Act 1831

Game covered

The act designated certain species as game birds and their open season, when they may be shot:

• Red grouse (Moor Game), 12 August – 10 December
• Black grouse (Black Game), 20 August – 10 December
• Pheasant, 1 October – 1 February
• Partridge, 1 September – 1 February

As well as adhering to the seasons, game may not be taken on Sundays or Christmas Day.

The great bustard was protected under the act, with its open season decided as 1 September to 1 March. This protection was little use, however, as the great bustard became extinct in Great Britain in the 1830s. It is currently part of a reintroduction programme.

Capercaillie are not protected in the act, as they were extinct in Britain at the time. They were reintroduced to Scotland in 1837.

Brown hares are mentioned in the act but have no closed season. Two Hares Acts were passed in the 19th century. The first, in 1848, removed the requirement for a game certificate for occupiers to kill hares, regulated where hunting could take place, and the banned of baiting with poison. The second, in 1892, among other things, prohibited the sale of hare meat between March and July, which is the animals' breeding season.

Game licences

The act made it lawful to take game only with the provision of a game licence. Also, it made an excise licence necessary to deal with game.

Game licences were abolished in England and Wales on 1 August 2007, as well as the need for game dealers licences, and the law changed to allow selling game, except hare, year round. In Northern Ireland, game licences and game dealing licences were abolished on 13 June 2011. In Scotland, game licences and game dealing licences were abolished on 29 June 2011.

Gamekeepers

The act listed requirements on the appointment of gamekeepers and on the issuing of a gamekeepers licence on an estate.

Other birds

Although it is not included in the act, a game licence was required to shoot woodcock and common snipe until 1 August 2007. Wildfowl are protected and their close seasons are stated in the Wildlife and Countryside Act 1981.

Subsequent developments

Due to the limited territorial extent of the act to England and Wales, the acts repealed by this act were subsequently repealed by the Statute Law Revision Act 1861 (24 & 25 Vict. c. 101), the Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98) and the Statute Law (Repeals) Act 1978.

Notes

References

Sources

• Halsbury's Statutes of England. Third Edition. Butterworths. London. 1969. Volume 14. Pages 448 to 469.
• "The Game Act, 1831". Halsbury's Statutes of England. (The Complete Statutes of England). First Edition. 1929. Volume 8: https://books.google.com/books?id=7IhQAQAAIAAJ https://books.google.com/books?id=Cj9LAQAAIAAJ https://books.google.com/books?id=oIYaAQAAMAAJ. Page 1066.
• J M Lely. "The Game Act, 1831". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1894. Volume 4. Title "Game". Pages 5 to 23.
• Welsby and Beavan. Chitty's Collection of Statutes, with Notes thereon. Third Edition. Henry Sweet. Stevens and Sons. London. 1865. Volume 2. Title "Game". Pages 234 to 249.
• James Paterson. "Game Act". The Game Laws of the United Kingdom. Shaw and Sons. London. 1861. Pages 1 to 83.
• John Locke. The Game Laws. Second Edition. Shaw and Sons. London. 1840. Pages 1 to 60. Fourth Edition. 1856. Pages 93 to 178.
• William Gurdon. "New Game Act". The Statutes in Force Relating to the Preserving and Killing of Game. Saunders and Benning. London. 1839. Pages 47 to 99.
• John Collyer. The Criminal Statutes of England. Printed for S Sweet. London. Printed for W Wrightson. Birmingham. 1832. Pages 698 to 711. Note is at pages 710 and 711.
• A F Jenkin. "The Game Act, 1831". The Law Relating to Parish Councils. Knight & Co. London. 1894. Pages 396 to 398.
• Pudney v Eccles (1892) 17 Cox CC 594

References

1. {{Cite legislation UK. (1860). (13 August 1860)
2. "Hares Act 1848". www.legislation.gov.uk.
3. "Hares Preservation Act 1892". www.legislation.gov.uk.
4. "Game Licences".
5. {{Cite legislation UK. (2007). (12 July 2007)
6. {{Cite legislation UK. (1892). (20 May 1892)
7. (2011). "Wildlife and Natural Environment Act (Northern Ireland) 2011".
8. (2011). "The Wildlife and Natural Environment (2011 Act) (Commencement No.1) Order (Northern Ireland) 2011".
9. {{Cite legislation Scotland. (2011)
10. (9 June 2010). "Wildlife and Natural Environment (Scotland) Bill, Explanatory Notes". Scottish Parliament.