Poaching

Poaching, the popular term for the offence of unlawfully taking or destroying game, which is one against public order. By an Act of Parliament of the present reign entitled "An Act for the Prevention of Poaching," power is given to any constable in any highway, etc., to search any person whom he may have good cause to suspect of coming from any land where he shall have been unlawfully in search of game, and having in his possession any game unlawfully obtained, or any gun, or net for taking game; and also to stop and search any cart, etc., in which such constable, etc., shall have good cause to suspect that any such game, etc., is being carried by any such person; and should there be found any game, etc, upon such person, cart, etc., to seize such game, etc., and such constable, etc., shall in such case apply to some justice for a summons, citing such person to appear before two justices, by whom the party may, on conviction, be fined any sum not exceeding £5, etc. An appeal against a summary conviction is given to the Quarter Sessions. The word "game" in this Act includes hares, pheasants, and partridges, woodcocks, snipes, rabbits, grouse, black or moor game, and eggs of grouse, black or moor game. Besides the above enactments, there is still more stringent punishment awarded by earlier statutes for poaching by night; it is provided that if any person shall by night unlawfully take or destroy any game or rabbits in any land or on any public road, etc., or shall by night be in such places with any gun, net, engine, etc., for the purpose of taking game, he shall be liable to imprisonment for the first offence for any period not exceeding three months with hard labour, and at the expiration of such period to be bound over to his good behaviour by sureties for a year, or in default thereof to be further imprisoned for six months or until such sureties are found. For a second offence he is liable to imprisonment for six months, and then to be bound in sureties for two years, and in default thereof to be further imprisoned for one year or until such sureties are found; and if he offend a third time, he is guilty of a misdemeanour, and liable to penal servitude or imprisonment with hard labour for not more than two years. When any person is found committing such offence, the owner or occupier of the land, or any person having a right of sporting thereon, or the lord of the manor, or the gamekeeper may apprehend him; and if he assault the person apprehending him, he is guilty of a misdemeanour, and liable to penal servitude or imprisonment with hard labour for not more than two years; and where any persons to the number of three or more by night unlawfully enter lands for the purpose of taking or destroying any game or rabbits (any of them being armed with any gun or other offensive weapon) they are to be deemed guilty of a misdemeanour, and are liable to penal servitude for any term between seven and five years, or imprisonment with hard labour for not more than three years.