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labourer, C. late of the same place, labourer, [add the names Poaching. of as many others as are known) and divers other evil disposed persons, to the number of [three) and more, to the jurors 9 Geo. 4, c. 69. aforesaid as yet unknown, on, &c. with force and arms, at the parish aforesaid, * in the county aforesaid, into a certain close of one D. called † situate and being in the parish aforesaid, in the county aforesaid, about the hour of eleven in the night of the day of unlawfully did enter, # the said A. B. and C. being then and there in company and armed with [guns] [bludgeons, &c.] for the purpose then and there of taking and destroying game [or, rabbits,] against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.
1. The entry into the land, or being therein at night, that is, between the expiration of the first hour after sunset and the morning, or beginning of the last hour before sunrise.
2. The being armed ; and 3. The intent, namely, to destroy game. Great accuracy is likewise necessary in proving the name of the place laid in the indictment, as the “
open or inclosed ground” into which the defendants entered. If any one defendant be proved to have arms, the rest, it seems, may be convicted, although the latter be unarmed, according to the express words of the statute. And see Russ. & Ry. 368, Rex v. Smith. It will be no defence for the prisoners to show that they laid down their arms before they were seen, if it appear that some one was armed at the place in question, Russ. & Ry. 386, Rex v. Nash.
Taking or destroying Game at night, whether armed or not,
9 Geo. 4, c. 69. Part of Sect. I.
And if any person shall, after Persons taking the passing of this Act, by night, unlawfully take or destroy or destroying,
game by night
to be committed * Material.
for the first of+ Material. Russ. & Ry. 515, Rex v. Ridley.
fence, for three Or “unlawfullv were.
Poaching. any game or rabbits in any land, whether open or inclosed, or
shall by night unlawfully enter or be in any land, whether 9 Geo. 4, c. 69. open or inclosed, with any gun, net, engine or other instrukept to hard
ment, for the purpose of taking or destroying game, such labour, and to
offender shall, upon conviction thereof before two justices of find sureties;
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 by recognizance, or in Scotland by bond of caution, himself in ten pounds, and two sureties in five pounds each, or one surety in ten pounds, for his not so offending again for the space of one year next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of
six calendar months, unless such sureties are sooner found; Second offence, and in case such person shall so offend a second time, and six months, and shall be thereof convicted before two justices of the peace, he kept to hard
shall be committed to the common gaol or house of correction labour, and to find sureties;
for any period not exceeding six calendar months, there to be kept to hard labour, and at the expiration of such period shall find sureties by recognizance, or bond as aforesaid, himself in twenty pounds, and two sureties in ten pounds each, or one surety in twenty pounds, for his not so offending again for the space of two years next following ; and in case of not finding such sureties, shall be further imprisoned and kept to hard
labour for the space of one year, unless such sureties are Third offence,
sooner found; and in case such person shall so offend a third to be liable to
time, he shall be guilty of a misdemeanor, and being contransportation.
victed thereof, shall be liable, at the discretion of the court, to be transported beyond seas 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, if any person shall so offend a first, second or third time, he shall be liable to be punished in like man. ner as is hereby provided in each case.
Form of Conviction for the above Offences under the Poaching
9 Geo. 4, c. 69. Sect. V. And be it enacted, That the justices of the peace Form of convicbefore whom any person shall be summarily convicted of any
tion. offence against this Act, may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case may require, that is
“ Be it remembered, That on the in the year of our Lord
in the county of
(or riding, division, liberty, city, &c. as the case may be,] A.0. is convicted before us [naming the justices] two of his Majesty's justices of the peace for the said county (or riding, &c.] for that he the said A. 0. did [specify the offence, and the time and place when and where the same was committed, as the case may be, and on a second conviction state the first conviction,] and we the said justices adjudge the said A. O. for his first offence to be imprisoned in the and there kept to hard labour for the period of
and at the expiration of such period to find sureties, by recognizance, or bond of caution in Scotland, himself in the sum of ten pounds, and two sureties in the sum of five pounds each, or one surety in the sum of ten pounds, conditioned that he the said A. 0. shall not so offend again for the space of one year next following; and we further adjudge the said A. O., in case he shall not find such sureties as aforesaid, to be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties shall be sooner found. Given under our hands the day and year first above mentioned.”
9 Geo. 4, c. 69. Sect. VI. And be it further enacted, That any person who Appeal. shall think himself aggrieved by any
summary conviction may appeal to the next court of general or quarter sessions
Partrina, which shail 'se zoiden, not ess than twelve days after the day
of such convenon, for the county, riding or division wherein Bar. I, c. 19. «he cause of complaint shail have arisen, provided that such
person shail gve to the complainant a notice in writing of such appeai, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least befiore such sessions, and shall also either remain in custody until the sessions, or within such three days enter into a bond of recognizance, or bond of caution in Scotland, with a sufficient surety, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be awarded by the court; and upon such notice being given, and such recognizance or bond being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody; and the court, at such sessions, shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be dealt with and punished according to the conviction, and to pay such costs as shall be awarded; and shall, if necessary, issue process for enforcing such judgment.
No Certiorari, &c. 9 Geo. 4, c. 69.
9 Geo. 4, c. 69. No certiorari,
Sect. VII. And be it further enacted, That no such con&c.
viction or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise, into any of his Majesty's superior courts of record, or in Scotland by advocation or suspension into any superior court; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alledged that the party has been convicted, and there be a good and valid
conviction to sustain the same. ('onvictions to
Sect. VIII. And be it enacted, That on every conviction borelurued to the under this Act for a first or second offence the convicting justices shall return the same to the next quarter sessions for Poaching the county, riding, division, city or place wherein such offence shall have been committed ; and the record of such conviction, 9 Geo. 4, c. 69. or any copy thereof, shall be evidence in any prosecution to be quarter sessions instituted against the party thereby convicted for a second or and registered, third offence; and the clerk of the peace shall immediately
may on such return, make or cause to be made a memorandum of
given in evi
dence. such conviction in a register to be kept by him of the names and places of abode of the persons so convicted, and shall state whether such conviction be the first or second conviction of the offending party.
Indictment for a Third Offence of destroying Game. Hertfordshire,1 The jurors for our lord the King upon their
to wit. Joath present, that heretofore, to wit, on, &c. A., at &c. was duly convicted before [the justices,] for that he the said A. (set out the first conviction and sentence] : and the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. afterwards, and after the said first conviction, to wit, on, &c. was a second time duly convicted before, &c. for that he, &c. (set out the second conviction and sentence] : and the jurors aforesaid, upon their oath aforesaid, do further present, that the said A., late of the parish of — in the
yeoman, being so twice convicted as aforesaid, afterwards and after the said two convictions as aforesaid, to wit, on, &c. being within twelve calendar months next after the commission of the offence hereby charged, to wit, at the parish* aforesaid, in the county aforesaid, about the hour of one in the morning of the said
certain game (or, rabbits,] to wit, &c. in a certain close called situate in the said parish † of in the county aforesaid, unlawfully did take and destroy, (or as the case may be, into a certain close called situate, &c. unlawfully did enter with a certain (gun) for the purpose then and there of destroying game) against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.
Evidence. Here you must prove the prior conviction of the defendant in the usual way, either by the production of the original