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Poaching. records, or by examined copies. You must then show that
the defendant took the game at the place in question at night, 9 Geo. 4, c. 69. that is, between the expiration of the first hour after sunset
and the beginning of the last hour before sunrise. If the
harge be an entry into the close for the purpose of destroying game, or being there unlawfully at night with a similar intent, the ownership of the close must be proved as laid, as we have before explained.*
Poaching Act. 9 Geo. 4, c. 69.
9 Geo. 4, c 69. Owners or occu- Sect. II. And be it enacted, That where any person shall piers of land,
be found upon any land committing any such offence as is lords of manors, hereinbefore mentioned, it shall be lawful for the owner or or their servants, may apprehend occupier of such land, or for any person having a right or reoffenders.
puted right of free warren or free chase thereon, or for the lord of the manor or reputed manor wherein such land may be situate, and also for any gamekeeper or servant of any of the persons herein mentioned, or any person assisting such gamekeeper or servant, to seize and apprehend such offender upon such land, or in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him, as soon as may be, into the custody of a peace officer,
in order to his being conveyed before two justices of the Offenders as peace; and in case such offender shall assault or offer any saulting or violence with any gun, crossbow, fire arms, bludgeon, stick, offering violence club, or any other offensive weapon whatsoever, towards any deemed guilty of misdemeanor,
person hereby authorized to seize and apprehend him, he shall, and liable to be whether it be his first, second or any other offence, be guilty transported for of a misdemeanor, and being convicted thereof, shall be liable, seven years, or at the discretion of the court, to be transported beyond seas imprisoned for
for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and in Scotland, whenever any person shall so offend, he shall be liable to be punished in like
* Ante, p. 169.
Indictment for an Assault by a Poacher.
Poaching Suffolk, The jurors for our lord the King upon their to wit. Soath present, that A., late of the parish of
9 Geo. 4, c. 69. in the county of on, &c., with force and arms, at the parish aforesaid*, in the county aforesaid, a certain close called
+ there situate, about the hour of eleven of the night of the said
unlawfully did enter with a certain (gun) with intent then and there to take and destroy game, to wit, at the parish aforesaid, in the county aforesaid; and the jurors aforesaid, upon their oath aforesaid, do further present, that he the said A. afterwards, and before the commission of the offence hereinafter mentioned, to wit, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, was then and there found by one B. he the said A. being then and there in the night-time upon the said close with the intent aforesaid, and that the said B. then and there being the [gamekeeper] of one C. was then and there about to seize and apprehend the said A. for the offence so by him committed as aforesaid, he the said B. then and there having a lawful right to do so as such gamekeeper of the said C. for the cause aforesaid, and that the said A. in and upon the said B. so being such gamekeeper as aforesaid, and so being lawfully authorized to apprehend the said A. as aforesaid, then and there did make an assault, and him the said B. so being, &c. then and there did unlawfully beat, offer violence to, and illtreat, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.
Evidence. It must be proved that the defendant was in the commission of an unlawful act at the time of the intended apprehension. Therefore his entry into the close with the unlawful intent alleged, must be proved, and that it happened in the night, that is, between the expiration of the first hour after sunset, and the beginning of the last hour before sunrise. Or it must be shown that the defendant was in the act of taking and destroying the game; in that case the indictment would be slightly varied.
The hour in all these cases of poaching is immaterial, provided it be in the night as before mentioned.
You must then prove that B. was the gamekeeper, as stated,
Poaching by evidence of his having acted as such, without proof of the
appointment, and that he was about to seize or apprehend the 9 Geo 4, c. 69. prisoner. The assault is then given in evidence. It is, how
ever, observable, that the offence may be equally committed, although the prosecutor make no effort to take the poacher, because the statute punishes the defendant for assaulting a person authorized to apprehend him; and lords of manors, &c. with their gamekeepers and servants, are in the first instance invested with this authority.
As to what shall be deemed Night.
POACHING Act, 9 Geo. 4, c. 69.
9 Geo. 4, c. 69. What time shall Sect. XII. Provided always, and be it enacted, That for be considered the purposes of this Act, the night shall be considered and is night.
hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise.
As to what shall be considered Game.
POACHING ACT. 9 Geo. 4, c. 69.
9 Geo. 4, c. 69. What shall be Sect. XIII. And be it enacted, That for the
f this Act, the word “ game” shall be deemed to include hares pheasants, partridges, grouse, heath or moor game, black game, and bustards.
Apprehension of Offenders under the Poaching Act. 9 Geo. 4, c. 69.
9 Geo. 4, c. 69. A further power is given to apprehend offenders by warrant. Power to issue Sect. III. And be it further enacted, That where any person a warrant for
shall be charged on the oath of a credible witness, or in Scot-
land on the application of the procurator fiscal of court, before
Limitation of time for Prosecuting.
Poaching. POACHING Act. 9 Geo. 4, c. 69.
9 Geo. 4, c. 69. Sect. IV. And be it enacted, That the prosecution for every Limitation of offence punishable upon summary conviction by virtue of this time for proceedAct shall be commenced within six calendar months after ings under this
Act. the commission of the offence; and the prosecution for every offence punishable upon indictment, or otherwise than upon summary conviction, by virtue of this Act, shall be commenced within twelve calendar months after the commission of such offence. Other matters under the Poaching Act with reference to Scotland. 9 Geo. 4, c. 69.
9 Geo. 4, c. 69. Sect. X. And be it enacted, That in Scotland the sheriff Jurisdiction of of the county within which the offence shall have been com- sheriffs in Scotmitted shall have a cumulative jurisdiction with the justices
land. of the peace in regard to the same; and the conviction in Proving of conScotland may be proved in the same manner as a conviction victions. in any other case according to the law of Scotland.
Sect. XI. And be it enacted, That in all cases in Scotland of Third offences, a third offence, or in other cases in Scotland where a sentence &c. to be tried of transportation may, by the provisions of this Act, be pro
in certain courts. nounced, the offender shall be tried before the high cou circuit court of justiciary.
TO THE SENTENCE OF DEATH Act.
See ante, p. 69.
TO THE GENERAL REPEALING Act.
7&8 G.4,c.27. Whereas it is expedient to repeal various statutes now in force in that part of the united kingdom called England, relative to the benefit of clergy; and it is also expedient to repeal
various statutes relative to larceny, and other offences of
TO THE LARCENY Act. 7&86.4, c. 29.
7 & 8 Geo. 4, c. 29. Whereas various statutes now in force in that part of the united kingdom called England, relative to larceny and other offences of stealing, and to burglary, robbery, and threats for the purposes of robbery or of extortion, and to embezzlement, false pretences, and the receipt of stolen property, are, by an Act of the present session of Parliament repealed from and after the last day of June in the present year, except as to offences committed before or upon that day; and it is expedient that the provisions contained in those various statutes should be amended and consolidated into this Act, to take effect at the same time as the said repealing Act : 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 Com.
mons, in this present Parliament assembled, and by the Commencement authority of the same, that this Act shall commence on the of Act.
first day of July in the present year (1827).
TO THE HUNDRED Act.
7 & 8 G.4.c.31.
7 & 8 Geo. 4, c. 31. Whereas it is expedient that the several statutes now in force in that part of the united kingdom called England, rela. tive to remedies against the hundred for the damage occasioned by persons riotously and tumultuously assembled, should be amended, and consolidated into one Act; and, with that view, the said statutes are by an Act of the present session