Page:Encyclopædia Britannica, Ninth Edition, v. 10.djvu/72

Rh 62 (1 A M 1'] bustards,” and the same deﬁnition is fouml in the Night I Poaching Act. A close time is fixed for certain birds of ' game:—for partridges from 1st February to 1st September; pheasants, 1st February to 1st October; black game, 10th December to 20th August ; grouse, 10tl1 December to 122th I .-ugust; bustard, 1st March to 1st September; and the ' possession of such game after 10 days in dealers, and 40 j days in other persons, from the expiration of the season is made illegal. The Act makes no difference in the effect of a game certiﬁcate (now “game licence”); that is to say, the licence authorizes the holder to kill game, subject to the law of trespass as modiﬁed by tllis Act. A temporary section reversed, as to all existing leases, the presump- tion of law that the game, unless specially reserved, be- ' longs to the tenant; but the presumption remains as to ! all future leases. But when the game has been reserved to the landlord, or any assignee of his, then the occupier shall be punished for killing it, or for authorizing any other ' person to do so. This section no doubt was rendered necessary by the fact that the law of trespass, which is the pivot of the Game Act, could not be made to include the case of a farmer shooting game on his own ground; but it is open to the remark that in effect it converts a mere breach of contract into a crime. Persons holding game certiﬁcates (licences) may sell game to persons licensed to deal therein. Various sections of the Act deﬁne the penalties to which persons killing or selling game without a licence shall be subject, and it should be noticed that it is a punishable offence even to buy game except from a licensed dealer. The section relating to trespass 30 of the Game Act) enacts that, “if any person whatsoever shall commit 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,1 such person shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding two pounds, as to the justice shall seem meet, together with the costs of the conviction ;” and that if any persons, to the number of ﬁve or more together, shall commit any trespass by entering or being in the day time upon any land in search of or pursuit of game or woodcocks, &c, “ each shall, on conviction, forfeit a sum not exceeding ﬁve pounds. The leave of the occupier shall be no defence when the game belongs to the landlord or other persons ; and by § 31, trespassers in pursuit of game, the, may be required to leave the land, to tell their names and abodes, and if they refuse maybe arrested. The owner of the right of shooting may take from them any game found- in their possession. The sections against trespassers, however, do not include any person hunting or coursing upon any land with hounds or greyhounds.” This act applies only to England. The Poaching Acts are still more severe. T he Night Poaching Act enacts that, “if any person shall, after the passing of this Act, by night unlawfully take or destroy any game or rabbits in any land, whether open or enclosed, or shall by night unlawfully enter or be on any land, whether open or enclosed, with any gun, net, engine, or other instru- ment for the purpose of destroying game, such offender shall, upon conviction thereof before two justices of the peace, be committed for the first offence to the common gaol or house of correction for any period not exceeding three calendar months, there to be kept to hard labour, and at the expiration of such period shall ﬁnd sureties” for his not so offending again. For a second offence the punishment is six months with hard labour, &c., with one year's further
 * ':n[.-riso:.n:1ent in default of sureties; a third offence is a

mi:.de.-'nr~anour, and the punishment is penal servitude for l 1 Tnese animals, although not included in the statutory definition of‘ game, are by this section pr.rtially a¢.ln.'i‘.l.c-.1 to the benefit of the Act. L A ' S not more than seven years, or imprisonment for not more than two years. . later Act, 7 & 8 Vict. c. 29, §1, applies the penalties to the unlawful taking or destroying game on a highway by night. “ Night ” is declared to commence at the expiration of the first hour after sunset and to conclude at the beginning of the last hour before sunrise. Finally, the Poaching Prevention Act ('25 & 26 Vict. c. 114) gives power to a constable, “on any highway, street, or public place, to search any person whom he may have good cause to suspect of coming fronl any land where he shall have been unlawfully in search or pursuit of game, or any per- sons aiding or abetting such person, and having in his possession any game unlawfully obtained, or any gun, part of gun, or nets or engines used for the killing or taking game; and also to stop and search any cart or other con- shall have good cause to suspect that any such game, or any such article or thing, is being carried by any such person.” If any such thing be found the constable is to detain it, and apply for a summons against the offender, summoning him to appear before two justices, where, on conviction, he may be ﬁned 11ot more than £5, and shall forfeit the game, guns, &c., found in his possession. This Act is available by night as well as day. It should be noted in all cases ' where the unlawful taking or destroying of game is men- tioned, that such taking is made unlawful only by the pro- visions of the Acts relating to certiﬁcates, or by the law relating to trespass. A person provided with a certiﬁcate can still kill game where he pleases, unless he commits a trespass—-the only exception being that of the tenant whose landlord has reserved the game in his lands. Thus it may be inferred that a poacher provided with a certificate could not be brought within the limits of the Act relating to poaching on highways. -lame certiﬁcates are now regulated by 23 & 24 "'.'ict. c. 90. Section 4 enacts that “any person, before he shall in Great Britain take, kill, or pursue, or aid or assist in any manner in the taking, killing, or pursuing, by any means whatever, or use any dog, gun, net, or other engine for the purpose of taking, killing, or pursuing any game, or any woodcock, snipe, quail, landrail, or any coney, or any deer, shall take out a proper licence to kill game under this Act ”—subject to a penalty of £20. There are, however, certain excep- tions and exemptions. As to licences to deal in game, any person who shall have obtained a licence to deal in game from the justices of the peace under the provisions of 1 & 2 Vill. IV. c. 31?, and 2 dz 3 Vict. c. 35, shall annually and during the continuance of such licence, and before he shall be empowered to deal in game under such licence, obtain a further licence to deal in game under this Act, and only those who have obtained licence from the justices shall be licensed under the Act, 7'.e., by the Inland Revenue. By 11 & 1'2 Vict. c. 29 any occupier or ozvner having the right of killing game may, by himself or by any person author- ized by him in writing, kill hares without paying duty or taking out licence. Most of the Acts cited above apply to Scotland as well as England, and when they do not there are special enactments for Scotland having substantially the same effect. The more important statutes specially affecting Scotland are the 13 Geo. III. c. 54, which ﬁxes a close , time for killing, selling,buying, &c., muirfowl, heathfowl, partridge. and pheasant ; the 2 & 3 Will. IV. c. (38 (the Tres- pass Act, ; the 11 & 12 Vict. c. 30 (Hares Killing Act); and the 40 & 41 Vict. c. '38. The last is to some extent a departure from the general policy of the game las_, being an attempt to provide compensation to tenants for damage caused by game. In effect it will be found to belong to the class of “permissive ” statutes. The important section is the 4th :-
 * veyance in or upon which such constable or peace officer