GAME.

G.

Night Poaching-Offences punishable by ind.

c. 69.

From and afrer the 19th July, 1828, persons 9 G. 4. to the number of three or more together unlawfully entering by night, or being in any land open or inclosed (a) for the purpose of destroying game or rabbits, any of such persons being armed (b) with any gun, cross bow, fire-arms, bludgeon or any other offensive weapon, misd. pun. of each and every one of them at the disc. of the Ct. (c) Tr. not ex. 14, nor less than 7 yrs. or Impr. with H. L. not ex. 3 yrs. (Eng. and Scot.) 9 Geo. 4. c. 69. s. 9. (d)

For the purposes of this act, night is to be

considered to commence at the first hour after sunset, and to conclude at the beginning of the last hour before sunrise. Id. s. 12. And for the like purposes the word game in

cludes hares, pheasants, partridges, grouse,
heath or moor game, black game, and bus-
tards. Id. s. 13.

(a) See n. (e), p. 65, post, as to what are open and inclosed grounds.

(b) There must be three in number, although only one of them need be armed to constitute the offence.

(c) An offence against this sect. cannot be tried at the q. sess. but it being a misd. one J. may commit for trial, and the accused party is entitled to be bailed.

(d) See n. (a). p. 62, post.

s. 12.

s. 13.

9 G. 4. c. 69.

s. 2.

GAME-continued.

Apprehension of offenders. (a)

Any person found in any land committing any
offence mentioned in sect. 1. of this act
(p. 65, post), the owner or occupier, or any
person having a right or reputed right of free
warren or free chase therein, or the lord of
manor or reputed manor, or gamekeeper or
servant of the above persons, or any one
against such gamekeeper or servant, to seize
and apprehend the offender upon such land,
or in case of pursuit being made, in any
other place to which he may have escaped,
and deliver him to a peace officer that he
may be taken before 2 Js. P.
Id. s. 2.

Assaulting Game-keepers.

If any such offender (agt. sect. 1. p. 66, post) shall assault or offer violence with any gun, cross bow, fire arms, bludgeon, stick, club, or any other offensive weapon whatsoever, to any person so authorized (under sect. 2. above) to seize and apprehend him, pun. at the disc. of the Ct. whether the 1st, 2nd, or any other offence, misd. Tr. 7 yrs. or Impr.

(a) This clause only extends to offenders against sect. 1. of this act. There is no clause which expressly relates to the apprehension of armed persons offending against sect. 9. p. 61, ante; but this appears to be of little consequence, as there would seldom or never be a case where the parties offending against sect. 9. would not also come within the meaning of sect. 1.

GAME-continued.

c. 69.

with H. L. in com. gor. H.C. not ex. 2 yrs. (a) 6 G. 4. and in Scotland pun. in the like manner.

9 Geo. 4. c. 69. s. 2.

Limitation of proceedings under summary conv. Prosecutions punishable upon summary pro- s. 4. ceedings under this act, must be commenced within 6 cal. m. after the offence comm.

s. 4.

Id.

Prosecutions punishable by ind. or otherwise than upon summary conv. must be commenced within 12 cal. m. after the offence

Proof in case of 2nd offence.

Every conv. for a 1st or 2nd offence must be s.8. returned by the conv. J. to the next q. sess. for the place where the offence comm. and there cord of such conv. or any copy (b) there of shall be evidence in any prosecution against the party thereby conv. for a second or third offence. The clerk of the peace is to keep a register of such conv. (a) One J. may commit for trial; and offences under this sect. may be tried either at q. sess. or at the assizes; but the accused is entitled to bail, the offences being only misd.

Id. s.

8.

(b) Where the original record is not produced as evidence, copy examined with the original record so returned to the clerk of peace must be produced to prove the previous conv. and the person who examined it must prove it " a true copy;" and the gaoler or some other person should be called to prove the prisoner to be the same person mentioned in the former conviction.

9 G. 4. c. 69.

s. 3.

s. 5.

s. 6.

GAME-continued.

In case of a third offence in Scot. or in other cases in Scot. where sentence of Tr. may be pronounced; the offender shall be tried by the High Ct. or Circuit Ct. of Justiciary. Id. 4. Summary Conviction. Mode of proceedings in cases punishable on.

Any person charged on oath of a credible witness, or in Scot. on application of the procurator fiscal of the Ct. before any J. P. with an offence punishable upon summary jurisdiction under this act, may issue a warrant to apprehend and bring the offender before two Js. Id. s. 3,

Form of the conv. is given in the act. Id. s. 5. Appeal clause.

Any person aggrieved by summary conv. may

appeal to the next Ct. G. or Q. Sess. holden not less than 12 days after conv., notice of appeal in writing being given to the complainant, and of the cause and matter of арpeal, within 3 days after conv. and 7 clear days before the sess. The party is either to remain in custody until the sess. or within such 3 days enter into recognizance or bond of caution in Scot. with sufficient

surety before one J. P. to appear on the appeal, abide judgment and pay costs. Upon such notice

GAME-continued.

c. 69.

being given, and recognizance or bond, &c. 9 G. 4.
entered into, the J. shall liberate the party if
in custody. The Ct. at sess. to hear and
determine the appeal, and make order either
with or without costs to either party, as the
Ct. think fit. And in case of dismissal of
the appeal or affirmance of conv. the Ct. shall
order and adjudge the offender to be dealt with
pun. according to the conv. and pay costs
awarded, and also issue process for enforcing
the judgment. Id. s. 6.

"

Offences punishable upon summary conviction. (a)
First offence.

Any person after 19th July, 1828, by night (b) s. 1. unlawfully taking or destroying any game (c) or rabbits, (d) in any land open or inclosed(e), or by night (e), unlawfully entering or be on any land, open or inclosed, with an gun, net, (a) This section applies where the party goes out unarmed. (b) That is, from the first hour after sunset until the beginning of the last hour before sunrise. See p. 61, ante.

(c) The game meant here are hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards. See p. 77, ante.

(d) Although this sect. includes the destroying both game and rabbits, it does not extend to persons going out in the night with intent to destroy rabbits.

(e) The words "forest, chase, park," &c. as well as the words open or inclosed grounds," were mentioned in the 57 G. 3. c.90. repealed by this act. It was held that all those places are either open or inclosed grounds. Rex v. Parkhurst, R. & Ry. C.C. R. 563.