CHAPTER XLIX

1 OFFENCES RELATING TO GAME, WILD ANIMALS, AND FISH

ARTICLE 426.

"NIGHT" AND "GAME" DEFINED.

IN this chapter the following words are used in the following senses :

24

Night" means the interval between the end of the first hour after sunset and the beginning of the last hour before

sunrise.

3" Game" means hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards.

ARTICLE 427.

NIGHT POACHING AND ASSAULTING KEEPER.

Every one commits a misdemeanor who does either of the following things and is liable to the following punishments respectively, that is to say,

(a.) who by night unlawfully takes or destroys any game or rabbits in any land, whether open or inclosed, or by night unlawfully enters or is in any land, whether open or inclosed, with any gun, net, engine, or other instrument for the purpose of taking or destroying game after twice so offending is guilty of a misdemeanor and liable to serve seven years penal servitude;

(b.) 5 who assaults or offers any violence with any gun, 13 Hist. Cr. Law, 275-282.

29 Geo. 4, c. 69, s. 12; 24 & 25 Vict. c. 96, ss. 17, 24.

3 Ibid. s. 13.

4 Ibid. s. 1; see Oke's Synopsis, p. 322, for the summary punishment for the first two offences.

5 Ibid. s. 2.

cross-bow, fire-arms, bludgeon, stick, club, or any other offensive weapon whatever, towards any 1person authorized to seize and apprehend him for the offence specified in clause (a.) is guilty of a misdemeanor and is liable to seven years penal servitude.

ARTICLE 428.

OFFENCES RELATING TO DEER, HARES, AND RABBITS.

2 Every one is guilty of an offence who does any of the following things, and is liable to the following punishments respectively, that is to say,

(a.) 3 who unlawfully and wilfully courses, hunts, snares, or carries away, kills, wounds, or attempts to kill or wound any deer kept or being

4

(i.) in the uninclosed part of any forest, chase, or purlieu, after a previous conviction of any offence relating to deer for which a pecuniary penalty is imposed by any Act of Parliament, is guilty of a felony and liable to imprisonment with hard labour for two years;

(ii.) in the inclosed part of any forest, chase, or purlieu, or in any inclosed land where deer are usually kept, is guilty of felony and liable to imprisonment with hard labour for two years;

(b.) who having entered into any forest, chase, or purlieu, inclosed or not, or into any inclosed land where deer are usually kept, with intent unlawfully to hunt, course, wound, kill, snare, or carry away any deer, unlawfully beats or wounds any person intrusted with the care of the deer, or

1 i.e. "the owner or occupier of such land (i.e. land mentioned in (a)) or... any person having a right or reputed right of free warren or free chase thereon, or . . . the lord of the manor or reputed manor wherein such land may be situate, and also. any gamekeeper or servant of any of the persons herein mentioned, or any persons assisting such gamekeeper or servant," sect. 2.

2 For other offences connected with stealing deer and punishable summarily, see Oke's Synopsis, pp. 404-406.

3 24 & 25 Vict. c. 96, s. 12, W.

4 The first offence is punishable summarily, see Oke's Synopsis, p. 404. 524 & 25 Vict. c. 96, s. 13, W.

6 Ibid. s. 16, W.

any of his assistants, in the execution of the powers hereunder mentioned 1is guilty of felony and liable to imprisonment with hard labour for two years;

(c.) 2 who by night unlawfully and wilfully takes or kills 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, is guilty of a misdemeanor;

(d.) 3 who unlawfully and wilfully takes or destroys, or attempts to take or destroy any fish, otherwise than by angling in the day-time, in any water running through or being in any land adjoining or belonging to the dwellinghouse of any person being the owner of such water, or having a right of fishery therein, is guilty of a misdemeanor.

* If any person is found committing any offence under (d.), the owner of the ground, water, or fishery where such offender is found, his servant, or any person authorized by him, may demand from such offender any rod, line, hook, net, or other implement, for taking or destroying fish then in such offender's possession, and, if such offender does not immediately deliver up the same, may seize and take it from him for the use of such owner. Any person angling by day is by such taking or delivery exempted from any further damage or penalty.

1 66 Every person intrusted with the care of such deer, and any of his assistants, whether in his presence or not, may demand from every such offender any gun, fire-arms, snare, or engine in his possession, and any dog there brought for hunting, coursing, or killing deer, and in case such offender shall not immediately deliver up the same, may seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place to which he may have escaped therefrom, for the use of the owner of the deer."

2 24 & 25 Vict. c. 96, s. 17; this offence when committed by day, and setting snares, &c., in a warren are punishable summarily see Oke's Synopsis, p. 316.

3 Ibid. s. 24; other offences consisting of unlawfully taking fish are punishable summarily; see Oke's Synopsis, p. 408.

4 Ibid. s. 25.

CHAPTER L

1 OFFENCES CONNECTED WITH TRADE AND BREACH OF CONTRACT

ARTICLE 429.

ABSCONDING WITH PROPERTY IN CONTEMPLATION OF BANKRUPTCY.

2 EVERY one commits felony, and is liable upon conviction. thereof to two years imprisonment and hard labour, who quits England and takes with him, or attempts or makes preparation for quitting England and for taking with him, any part of his property to the amount of £20 or upwards, which ought by law to be divided amongst his creditors,3 having been adjudged a bankrupt, or having had his affairs liquidated by arrangement after the presentation of a bankruptcy petition [+ by or] against him, or the commencement of his liquidation, or within four months before such presentation or commencement, unless the jury is satisfied that he had no intent to defraud.

5 ARTICLE 430.

PUNISHMENT OF FRAUDULENT DEBTORS.

Every person adjudged bankrupt, and every person whose affairs are liquidated by arrangement in pursuance of the 13 Hist. Cr. Law, 228-233. A few obsolete Statutes such as 28 Geo. 3, c. 55, as to unlawful dealings with stocking-frames are omitted from this chapter.

2 32 & 33 Vict. c. 62, s. 12.

3 In the case of an infant adjudged a bankrupt for trading debts who was convicted under this section, it was held that the conviction must be set aside, as since 37 & 38 Vict. c. 62 the infant could have no creditors capable of being defrauded; R. v. Wilson, 1879, 5 Q. B. D. 28.

4 46 & 47 Vict. c. 163 (1).

532 & 33 Vict. c. 62, s. 11. These provisions apply "to any person whether a trader or not in respect to whose estate a receiving order has been made, as if the term 'bankrupt' in that Act (i.e. 32 & 33 Vict. c. 62) included a person in respect of whose estate a receiving order has been made"; 46 & 47 Vict. c. 52, s. 163 (2).

Bankruptcy Act 1869,1 commits a misdemeanor, and is liable upon conviction thereof to a punishment of two years imprisonment and hard labour,

(1.) If he does not, to the best of his knowledge and belief, fully and truly discover to the trustee administering his estate for the benefit of his creditors all his property, real and personal, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any), or laid out in the ordinary expense of his family, unless the jury is satisfied that he had no intent to defraud:

(2.) If he does not deliver up to such trustee, or as he directs, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up, unless the jury is satisfied that he had no intent to defraud:

(3.) If he does not deliver up to such trustee, or as he directs, all books, documents, papers, and writings in his custody or under his control, relating to his property or affairs, unless the jury is satisfied that he had no intent to defraud:

(4.) If after the presentation of a bankruptcy petition [2by or] against him, or the commencement of the liquidation, or within four months next before such presentation or commencement, he conceals any part of his property to the value of £10 or upwards, or conceals any debt due to or from him, unless the jury is satisfied that he had no intent to defraud:

(5.) If after the presentation of a bankruptcy petition [2 by or] against him, or the commencement of the liquidation,

1 The Bankruptcy Act of 1869 being repealed, the above is to be construed "as if reference were made therein to the corresponding provisions" of the Act of 1883, 46 & 47 Vict. c. 52, s. 149 (2). What are the provisions of the latter Act which correspond to liquidation by arrangement under the Act of 1869? It might be argued that they are those referring to compositions and schemes of arrangement (see 53 & 54 Vict. c. 71, s. 3; 50 & 51 Vict. c. 57, &c.); but the decision in In Re Burdon, Ex parte Wood, 1888, 57 L. J. Q. B. 570, seems to decide to the contrary effect. 2 46 & 47 Vict. c. 52, s. 163 (i.)

See Note I., supra.