professions requiring registration are medical practitioners, chemists, dealers in explosives, and manufacturers of margarine. A recent addition to the latter class are moneylenders, who are required to register themselves under a penalty of £100, or, upon a second conviction, a similar penalty and three months' imprisonment with hard labour (e). (e) 63 & 64 Vict. c. 51, s. 2. CHAPTER IX. OFFENCES RELATING TO GAME. We proceed to treat of poaching and the attendant offences. We shall find hereafter that animals feræ naturæ (including game) in their live state are not the property of any one, and on this account are not the subjects of larceny. The Legislature has, however, made special provisions for their protection. Night poaching is treated as a much more serious offence than poaching by day. The principal statute on the subject is 9 Geo. IV. c. 69, amended by 7 & 8 Vict. c. 29 and 25 & 26 Vict. c. 114. The following are the chief offences: (i) Any person by night (declared to commence one hour after sunset, and to conclude at the beginning of the last hour before sunrise (f)) unlawfully taking or destroying any game (hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards), or rabbits, in any land open or enclosed (g), or on public roads, highways, gates, outlets, or openings, between such lands and roads (h). (ii) Any person entering or being by night in such places, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game (i). The punishment for the first offence in each case on summary conviction is imprisonment not exceeding three months, and at the expiration of such period to be bound over to good behaviour for a year or, in default of sureties, further imprisonment not exceeding six months, or until such sureties. (f) 9 Geo. IV. c. 69, s. 12. (h) 7 & 8 Vict. c. 29, s. 1. (g) Ibid. s. 1. be found. For the second, likewise summarily dealt with, each of the above periods is doubled. The third offence against the same section is an indictable misdemeanour, punishable by penal servitude to the extent of seven years (k). When any person is found committing such offence, it is lawful for the owner or occupier of the land (or in the case of a public road, &c., of the adjoining land), or for any person having the right of free warren or free chase therein, or for the lord of the manor, or for the gamekeeper or servant of such persons, or for any one assisting them, to apprehend the poacher. If the latter assaults or offers any violence with an offensive weapon to such person, he is punishable for the misdemeanour with penal servitude to the extent of seven years (7). A graver offence is dealt with in a later section of the same statute. For three or more persons by night to unlawfully enter, or be in any land (or road, &c., 7 & 8 Vict. c. 29), for the purpose of taking or destroying game or rabbits, any of the party being armed with fire-arms or other offensive weapons, is a misdemeanour in each, punishable by penal servitude to the extent of fourteen years (m). It should be observed that all the party may be convicted of this offence if any of them be armed to the knowledge of the others ("). Sticks and large stones are arms within the meaning of the Act, if the jury is satisfied that they were taken with the object of being used as such, and were of such a nature that they might, if used, cause serious injury (o). Any person may arrest those who are found committing the last-mentioned offence (p). The prosecution for every offence within this Act, if punishable on summary conviction, must be commenced within six months after the offence; if punishable by indict (k) 9 Geo. IV. c. 69, s. 1. R. v. Lines, [1902] 1 K. B. 199; 71 L. J. K. B. 125; 85 L. T. 790; 50 W. R. 303; 66 J. P. 24. (1) 9 Geo. IV. c. 69, s. 2. (m) Ibid. s. 9. (n) R. v. Smith, [1818] R. & R. 368; R. v. Southern, [1821] R. & R. 444. (0) R. v. Sutton, [1877] 13 Cox, 648. (p) 14 & 15 Vict. c. 19, s. 11; R. v. Sanderson, [1859] 1 F. & F. 598. ment, or otherwise than by summary conviction, within twelve months (q). Unlawfully taking, killing, &c., hares, rabbits, and deer is punishable under the Larceny Act, 1861 (r). The law as to day poaching is principally contained in the Act 1 & 2 Wm. IV. c. 32. That Act also provides close seasons for the various kinds of game. By section 30 persons trespassing by day in pursuit of game or rabbits are liable on summary conviction to a fine of £2, or £5 each if five or more go together for that purpose. Poaching fish in private waters not adjoining or belonging to the dwelling-house of the owner is punishable under 24 & 25 Vict. c. 96, s. 24, by a fine (s). By 43 & 44 Vict. c. 35, and 44 & 45 Vict. c. 51, a close time is appointed for most kinds of wild birds, and the destruction of such birds or their eggs during the close season is punishable by fine. In connection with this subject it may be noticed that, although any innocent means may be employed to prevent game from being taken, and land from being trespassed on, it is criminal to adopt certain extreme measures. Setting a spring-gun, man-trap, or other engine calculated to destroy life, or inflict grievous bodily harm, with intent that the same, or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, is a misdemeanour punishable by penal servitude to the extent of five years. But this does not prevent a man-trap, &c., being set to protect a dwellinghouse from sunset to sunrise (t). (q) 9 Geo. IV. c. 69, s. 4. (r) v. p. 198. (8) As to poaching fish in waters adjoining or belonging to the dwelling-house, V. p. 198. (t) 24 & 25 Vict. c. 100, s. 31. |