SYNOPSIS OF OFFENCES.

Statute.

GAME-continued.

I. TRESPASS IN SEARCH, &C. OF GAME-continued.

2. Any persons, to the number of five or more, together committing any trespass, by entering or being in the day-time upon any land in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies.

[MEM. The leave of the occupier is no defence where the landlord
has the right to the game; and the landlord is the occupier
in such case (s. 30). See Note 172 as to trespasses in hunting.]

1 & 2 Will. 4,
c. 32, s. 30
(Note 168).

(a) The occupier himself and one other person authorized in writing by such occupier shall be the only persons entitled under this act to kill ground game with firearms;

(b) No person shall be authorized by the occupier to kill or take ground game, except members of his household resident on the land in his occupation, persons in his ordinary service on such land, and any one other person bonâ fide employed by him for reward in the taking and destruction of ground

game;

(c) Every person so authorized by the occupier, on demand by any person having a concurrent right to take and kill the ground game on the land or any person authorized by him in writing to make such demand, shall produce to the person so demanding the document by which he is authorized, and in default he shall not be deemed to be an authorized person.

(2) "A person shall not be deemed to be an occupier of land for the purposes of this act by reason of his having a right of common over such lands; or by reason of an occupation for the purpose of grazing or pasturage of sheep, cattle or horses for not more than nine months.

(3) "In the case of moorlands, and uninclosed lands (not being arable lands), the occupier and the persons authorized by him shall exercise the rights conferred by this section only from the eleventh day of December in one year until the thirty-first day of March in the next year, both inclusive: but this provision shall not apply to detached portions of moorlands or uninclosed lands adjoining arable lands, where such detached portions of moorlands or uninclosed lands are less than twenty-five acres in extent."

168 Witnesses, &c.] By 1 & 2 Will. 4, c. 32, s. 40, a penalty of not exceeding £5 may be imposed on witnesses not appearing or refusing to be examined, i.e., at the hearing; see ante, p. 161.

169 Information and by whom-Negativing Consent-Defendant an incompetent Witness.] It is the practice always to take an information in writing, and on oath under the 1 & 2 Will. 4, c. 32; and by 6 & 7 Will. 4, c. 65, s. 9, the charge contained in the information was required to be verified on the oath of another person than the informer before a summons was issued (R. v. Scotton, 13 L. J. (N. Ŝ.) M. C. 58); but since 14 & 15 Vict. c. 99, the informer is competent to swear to the charge; also since 11 & 12 Vict. c. 43, s. 2, there need be no oath by the witness that the party is likely to abscond before a warrant in the first instance can be granted (as provided by 1 & 2 Will. 4, c. 32, s. 41), but only an oath substantiating the matter of the information. Any person may be the informer, and it is not necessary that the owner or occupier of the land, in case the offence is a trespass, should lay the information (Morden v. Porter, supra, affirming Middleton v. Gale, 8 A. & E. 155). Vide adapted forms of Information, Summons and Warrant, Oke's ". Formulist,” 6th ed. pp. 169, 170. By 1 & 2 Will. 4, c. 32, s. 42, it is not necessary in any proceeding to negative by evidence any certi

ite, licence, consent, authority or other matter of exception or defence; but the ty seeking to avail himself of any such certificate, &c. is bound to prove the same e also 11 & 12 Vict. c. 43, s. 14, to the same effect. The defendant is not a coment witness (see Cattrell v. Ireson, ante, p. 79).

170 Apprehension of Offenders-Game taken from Trespassers.] 1 & 2 Will. 4, c. 32, s. 31, thorizes the person having the right of killing the game, or the occupier, or their mekeeper, servant, &c. or the warder, &c. of forest, &c. to require the trespassers to it the land, and to tell their names, and if they refuse, to apprehend them and take before a justice within twelve hours. If not so taken, they must be discharged, proceeded against in the usual way. By sect. 36, when any person shall be found lay or by night upon any land, or in any of her Majesty's forests, &c. in search or it of game, and shall then and there have in his possession any game which shall pear to have been recently killed, the person having the right of killing the game, or capier, &c. may demand same, and if not delivered up immediately, may seize and be the same from him. Sect. 13 also authorizes gamekeepers within the limits of manor for which they are appointed, to seize and take dogs, nets and other engines instruments used there for the killing or taking of game by persons not having a xnce to kill game. The case of Daddle v. Hickton, 17 Law T., N. S. 549, decided guns could not be taken; but Allen v. Thompson, 39 L. J. (N. S.) M. C. 102; 22 T., N. S. 472, decided that a snare was an engine' or "instrument" within

3.

66

171 Appeal.] By 1 & 2 Will. 4, c. 32, s. 44,-" any person who shall think himself rieved by any summary conviction in pursuance of this act may appeal to the sties at the next general or quarter sessions of the peace, to be holden not less than ive days after such conviction for the county, riding, division, liberty, franchise, y or town wherein the cause of complaint shall have arisen ;-provided that such son shall give to the complainant a notice in writing of such appeal, and of the se and matter thereof, within three days after such conviction, and seven clear days the least before such sessions, and shall also either remain in custody until the ssions, or within such three days enter into a recognizance, with a sufficient surety, fore a justice of the peace, conditioned personally to appear at the said sessions, and Ty such appeal, and to abide the judgment of the court thereupon, and to pay such as shall be by the court awarded, and upon such notice being given, and such ognizance being entered into, the justice before whom the same shall be entered to shall liberate such person, if in custody; and the court at such sessions shall ear and determine the matter of the appeal, and shall make such order therein, with without costs to either party, as to the court shall seem meet, and in case of the missal of the appeal, or the affirmance of the conviction, shall order and adjudge e offender to be dealt with and punished according to the conviction, and to pay rh costs as shall be awarded, and shall, if necessary, issue process for enforcing such gment." See also 42 & 43 Vict. c. 49, ss. 31, 32.

SYNOPSIS OF OFFENCES.

Statute.

GAME-continued.

I. TRESPASS IN SEARCH, &C. OF GAME-continued. 3. Trespasser on any land, or upon any of her Majesty's forests, &c. (as Offences 1, 2, or 7), when required by the owner, occupier, gamekeeper, ranger, &c., refusing to tell his real name or place of abode, or giving such a general description of place of abode! as shall be illusory for the purpose of discovery,

or

4. Wilfully continuing or returning upon the land.

5. Five or more persons trespassing on any land, or upon any of her Majesty's forests, &c. (as Offences 1, 2, or 7), any of them being then and there armed with a gun, and all or any of them then and there by violence, intimidation or menace preventing, or endeavouring to prevent, any authorized person approaching them for the purpose of requiring them to quit the land or tell their names,

or

6. Every person aiding or abetting offenders.

7. Committing any trespass, by entering or being, in the day-time, upon any of her Majesty's forests, parks, chases, or warrens, in search or pursuit of game, without being first duly authorized so to do.

II. KILLING WITHOUT LICENCE (Note 172).

8. Any person killing or taking any game,

or

9. Using any dog, gun, net or other engine or instrument for the pur-
pose of searching for, or killing or taking game [Note 173], such
person not being authorized so to do for want of [an excise
licence to kill game, 23 & 24 Vict. c. 90, s. 6].

[MEM. A snare is an "engine" or "instrument," Allen v.
Thompson, 39 L. J. (N. S.) M. C. 102; 22 Law T., N. S.
472.]

10. Laying Poison.] Any person, with intent to destroy or injure game, at any time putting, or causing to be put, any poison or poisonous ingredient on any ground, whether open or enclosed, where game usually resort, or in any highway.

1 & 2 Will. 4,
c. 32, s. 31
(Note 168).

Id. s. 32.

Id. s. 33.

Id. s. 23.

Id. s. 3.

172 Hunting-Killing Hares and Coursing.] By 1 & 2 Will. 4, c. 32, s. 35, the provisions of sect. 30, &c. against trespassers is not to extend to persons hunting or coursing with hounds or greyhounds, and in fresh pursuit of deer, hare or fox; to persons exercising right of free warren or chase; or to gamekeepers lawfully appointed; or to any lord or steward of the crown of any manor, &c. (see Reg. v. Moulsey, 28 J. P. 133). By 11 & 12 Vict. c. 29, s. 1, persons in the occupation of enclosed land, or the owner who has the right of killing game thereon, may by himself or by a person authorized in writing, take, kill or destroy any hare then thereon without obtaining an annual game certificate. The authority must be limited to one person at the same time in one parish, and be registered with the clerk to the magistrates. It is valid until the 1st February in the year following, unless revoked (s. 2); and by the 4th

On oath

One Not exc. £5 (s. 31);—in default Yes. Half to inf.

Nos.

esty's furent and within (s. 31). of payment, impr. with or (s. 44, and half to 8-10,

eal. m. js. 4),

170).

le of the 169,

Id.

(s. 32).

without h. 1. (s. 38), according
to scale in 42 & 43 Vict. c. 49,
8. 5, p. 185, where amount
incl. costs not exc. £5;-and
for not exc. 3. cal. m. in any
other case, unless sooner paid
(1 & 2 Will. 4, c. 32, s. 38).

Two Not exc. £5 in addition to any
other pen. [under s. 30, Of-
fence 2] to which they may
be liable (s. 32);—impr. in de-
fault of payment, as Offences
3, 4, supra.

Note 171).

overs. for
co. rate
(5 & 6
Will. 4, c.
20, s. 21).

pp. 170, 171.

Nos. 11, 12,

P. 171.

it is enacted, that "

fences 3, 4, supra.

Id.

Id.

Nos.

14, 15,

p. 172.

Id.

Id.

No. 17,

p. 172.

of any hare by coursing with greyhounds, or by hunting with beagles or other without having obtained ag of poison (s. 5), and agreements reserving game are to be still in force (s. 6);

any person may pursue and kill, or join in the pursuit and

and

an annual game certificate: see Assessed Tax Case, see 23 & 24 Vict. c. 90, ss. 5, 6: but this does not authorize

use of dogs on forbidden days, as for instance under See form of authority, Oke's "Formulist," 6th ed., Chap. II.

although he is liable under 23 & 24 Vict. c. 90, s. 4, to a penalty of £20, but no person killing woodcocks, snipes, &c. is not liable under this sec

harge of duty.

SYNOPSIS OF OFFENCES.

Statute.

GAME-continued.

II. KILLING WITHOUT LICENCE-continued.
11. Taking or destroying Eggs.] Any person, not having the right of
killing game, or permission, wilfully taking out of the nest, or
destroying in the nest, the eggs of any bird of game, or of any
swan [Note 174], wild duck, teal, or widgeon, -or knowingly
having in his house, shop, possession or control any such eggs
so taken.

12. Hares or Rabbits in Warrens.] Whosoever shall unlawfully and
wilfully, between the beginning of the last hour before sunrise
and the expiration of the first hour after sunset, take or kill any
hare or rabbit in any warren or ground lawfully used for the
breeding or keeping of hares or rabbits, whether the same be
inclosed or not,-
-or shall at any time set or use therein any
snare or engine for the taking of hares or rabbits [Note 175].
[MEM. A similar offence in the night-time is punishable upon
Indictment, see Vol. II. Chap. II. of Part II., tit. "Game
(Night Poaching)."]

III. KILLING ON SUNDAY, &c.

1 & 2 Will. 4,
c. 32, s. 24
(Note 168).

24 & 25 Vict.

c. 96, s. 17.

13. Any person killing or taking any game on a Sunday or Christmas 1 & 2 Will. 4. day,

or

14. Using any dog, gun, net or other engine or instrument for the
purpose of killing or taking any game on a Sunday or Christmas
day.
[MEM. A snare is an engine or "instrument," and a person
setting snares on the Saturday, allowing them to remain set on
the Sunday, when grouse were found in them, was liable to be
convicted for using (* opposite page)

IV. KILLING OUT OF SEASON.

15. Any person killing or taking

16.

17.

18.

19.

20.

any partridge between 1st February and 1st September in any year,

or

any pheasant between 1st February and 1st October in any year,

or

any black game (except in the county of Somerset or Devon, or
in the New Forest, in the county of Southampton) between
10th December and 20th August succeeding,

or

any black game in the county of Somerset or Devon, or in the
New Forest, between the 10th December and 1st September
succeeding,

or

any grouse, commonly called red game, between 10th December
and 12th August succeeding,

or

any bustard between 1st March and 1st September in any year.

c. 32, s. 3,

(Note 168).

Id. s. 3.

174 Swans' Eggs.] With respect to swans, they are the subject of larceny where they have been marked and pinioned, or even unmarked, if taken, kept in a moat, pond or private river. But larceny cannot be committed of their eggs, because the statute has appointed a less punishment.

175 Exception as to Offence 13.] This is not to affect any person taking or killing, in the day-time, any conies on any sea bank or river bank, in the county of Lincoln,