A BILL For the more effectual Prevention of Trespasses upon Property by Persons in pursuit of Game in that part of Great Britain called Scotland. [Note.-The Words printed in Italics are proposed to be inserted in the Committee. 5 W HEREAS Trespasses upon Property by Persons unlawfully Preamble: engaged in the pursuit of Game, have recently become frequent in various parts of Scotland, and have, in many cases, been attended by acts of violence and intimidation, for the repression of which the Laws now in force in that part of the United Kingdom provide no sufficient remedy, and that it is therefore expedient that more effectual and summary remedies should be provided; Be it therefore Enacted, by The KING's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present 10 Parliament assembled, and by the Authority of the same, 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, Wild Ducks or Conies, such Person shall, on being summarily convicted thereof before a Justice of the 15 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 or pursuit of Game or Woodcocks, Snipes, 20 Quails, Landrails, Wild Ducks or Conies, each of such Persons shall, on being summarily convicted thereof before a Justice of the Peace, forfeit and pay such sum of money, not exceeding Five Pounds, as to the said Justice shall seem meet, together with the Costs of the Conviction: Penalty on passing in the day-time Persons tres upon Lands in search of Game. Proviso. Such Trespassers not quitting the Land when required, may be asked to give their Names and Abodes, and in case of refusal may be arrested. Penalty. Party arrested must be dis- What to be deemed Day time. The Provi sions as to Trespassers not to apply to Persons hunting, &c. Game to be taken from Trespassers Provided always, That any Person charged with any such Trespass shall be at liberty to prove, by way of defence, any matter which would have been a defence to an Action at Law for such Trespass. any 5 And be it Enacted, That where any Person shall be trespassing on Land in the day-time, in search or pursuit of Game or Woodcocks, Snipes, Quails, Landrails, Wild Ducks or Conies, it shall be lawful for any Person having the right of killing the Game upon such Land, or for the Occupier of the Land, or for any Gamekeeper or Servant of either of them, or for any Person authorized by either of them, to require the Person so trespassing forthwith to quit the Land whereon he shall 10 be so trespassing, and also to tell his Christian Name, Surname and Place of Abode; and in case such Person shall, after being so required, offend, by refusing to tell his real Name or Place of Abode, or by giving such a general description of his Place of Abode as shall be illusory for the purpose of discovery, or by wilfully continuing or returning upon the 15 Land, it shall be lawful for the Party so requiring as aforesaid, and also for any Person acting by his order and in his aid, to apprehend such Offender, and to convey him, or cause him to be conveyed, as soon as conveniently may be, before a Justice of the Peace; and such Offender, (whether so apprehended or not), upon being summarily convicted of 20 any such offence before a Justice of the Peace, shall forfeit and pay such sum of money, not exceeding Five Pounds, as to the convicting Justice shall seem meet, together with the costs of the conviction; Provided always, That no Person so apprehended shall, on any pretence whatsoever, be detained for a longer period than Twelve Hours from 25 the time of his apprehension until he shall be brought before some Justice of the Peace; and that if he cannot, on account of the absence or distance of the residence of any such Justice of the Peace, or owing to any other reasonable cause, be brought before a Justice of the Peace within such Twelve Hours as aforesaid, then the Person so apprehended 30 shall be discharged at the end of that time, but may nevertheless be proceeded against for his offence by Summons or Warrant, according to the provisions hereinafter mentioned, as if no such apprehension had taken place. And be it Enacted, That, for the purposes of this Act, the Day-time 35 shall be deemed to commence at the beginning of the last hour before Sunrise, and to conclude at the expiration of the first Hour after Sunset. Provided always, and be it Enacted, That the aforesaid Provisions against Trespassers shall not extend to any Person hunting or coursing upon any Lands with Hounds or Greyhounds, and being in fresh pursuit 40 of any Deer, Hare or Fox, already started upon any other Land. And be it Enacted, That where any Person shall be found trespassing by day upon any Land in search or pursuit of Game, and shall then and S d 5 and there have in his possession any Game which shall appear to have been recently killed, it shall be lawful for any Person having the right of killing the Game upon such Land, or for the Occupier of such Land, or for any Gamekeeper or Servant of either of them, or for any other Person authorized by either of them, or for any Person acting by the order and in aid of any of the said several Persons, to demand from such Trespasser such Game in his possession, and in case such Trespasser shall not immediately deliver up such Game, to seize and take the same from him for the use of the Person entitled to the Game upon such 10 Land. 15 And be it Enacted, That every Penalty and Forfeiture for any offence against this Act, shall be paid to the Moderator or other officer of the Kirk Session of the Parish where the offence was committed, for the use and benefit of the Poor of such Parish. And be it Enacted, That the Justice or Justices of the Peace by whom any Person shall be summarily convicted and adjudged to pay any sum of money for any offence against this Act, together with costs, may adjudge that such Person shall pay the same, either immediately or within such period as the said Justice or Justices shall think fit; and that in default 20 of payment at the time appointed, such Person shall be imprisoned in the Common Gaol or House of Correction (with or without Hard Labour), as to the Justice or Justices shall seem meet, for any term not exceeding Two calendar Months, the imprisonment to cease upon payment of the amount and costs. 25 And be it Enacted, That the Justice or Justices of the Peace (as the case may require) before whom any Person shall be summarily convicted of any offence against this Act, may cause the Conviction to be drawn up according to the following Form of Words, or in any other Form of Words to the same or the like effect; (that is to say) "of [or Division, &c. as the case may be] "A. O. is convicted before me J. P. one [or, us J. P. and "J. J. P. Two, as the case may require] of His Majesty's "Justices of the Peace for the said County, [&c.] for that "he the said A. O. did unlawfully on at kill [or, take] Game, [or, did use a Dog, "&c. for the purpose of killing Game, or was found tres 66 passing in search or pursuit of Game, &c. as the case may be], and I [or, we] do adjudge that the said A. O. "shall for the said offence forfeit the sum of [or, we do adjudge that the said A. O. shall for the said |