9 G. 4. c. 69. Persons taking or destroying game by night ted, for the first offence for three months, and kept to hard to be commit labour, and to find sureties. Form of Commitment for Felony in uttering a forged Bank to wit. County of Sir G. C. baronet, one of the justices of our lord the name, forthwith to convey and deliver into the custody of the said keeper of the said common gaol the body of A. O., charged this day before me the said justice, upon the oaths of A. I., A. W., others, with feloniously uttering, publishing, disposing of, and putting away at Birmingham, in the said county, on the and day of now last past, a certain false, forged, and counterfeited bank note, purporting to be a note of the governor and company of the bank of England, for the payment of one pound, he the said A. O. at the time of uttering, &c. [or, as the case may be], well knowing the same to be false, forged, and counterfeited, with intent to defraud the said governor and company, contrary to the form of the statutes in such case made and provided. And you the said keeper are hereby required to receive the said A. O. into your custody in the said common gaol, and him there safely keep, until he shall be from thence discharged by due course of law. Hereof fail you not. Given under my hand and seal, the day of and in the year of our Lord one thousand eight hundred Fornication. See Lewdness. Game. [7 & 8 G. 4. c. 29.9 G. 4. c. 69.-1 & 2 W. 4. c. 32.] UNDER this head, such illegal acts relating to game will be treated of as are made by law the subject of indictment, or are rendered liable to other penal enactments. By 9 G. 4. c.69. § 1., reciting the 57 G. 3. c. 90., and repealing the same except so far as the same repeals any other acts; "if any person shall, after the passing of this act, by night unlawfully take or destroy any game, or any rabbits in any lands, whether open or enclosed, or shall by night unlawfully enter or be upon the land, whether open or enclosed, with any gun, net, engine, or other instrument for the purpose of taking or destroying game, such offender shall, upon conviction thereof before two justices of 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, of himself in 10l. and two sureties in 5l. each, or one surety in 10. 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; and in case such Second offence, person shall so offend a second time, and shall be thereof convicted 9 G. 4. c. 69. before two justices of the peace, he shall be committed to the common gaol or house of correction for any period not exceeding six months and six calendar months, there to be kept to hard labour, and at the kept to hard expiration of such period shall find sureties by recognizance or labour, and to bond as aforesaid, himself in 201. and two sureties in 10l. each, or find sureties; one surety in 201. 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 sooner found; and in case third offence, to such person shall so offend a third time, he shall be guilty of a be liable to misdemeanor, and being convicted thereof shall be liable, at the transportation. 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 Scotland. third time, he shall be liable to be punished in like manner as is hereby provided in each case." Owners or oc cupiers of land, lords of manors, or their servants, may apprehend § 2. Where any person shall be found upon any land, committing any such offence as is herein-before mentioned, it shall be lawful for the owner or occupier of such land, or for any person having a right or reputed right of free warren or free chase thereon, or for the lord of the manor or reputed manor wherein offenders. 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 peace; and in case such offender shall assault or offer any violence with any gun, cross-bow, fire-arms, bludgeon, stick, club, or any other offensive weapon whatsoever towards any person hereby authorised to seize and apprehend him, he shall, whether it be his first, second, or any other offence, be guilty of a misdemeanor, and being convicted 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 term not exceeding two years; and in Scotland, whenever any person shall so offend, he shall be liable to be punished in like manner." any Offenders assaulting or offering violence deemed guilty of misde meanor, and liable to be transported for seven years, or imprisoned for two years. Scotland. offenders. §3. "Where any person shall be charged on the oath of a Power to issue credible witness, or in Scotland on the application of the procurator a warrant for fiscal of court, before any justice of the peace, with any offence apprehension of punishable upon summary conviction by virtue of this act, the justice may issue his warrant for apprehending such person, and bringing him before two justices of the peace, to be dealt with according to law." §4. The prosecution for every offence punishable upon Limitation of summary conviction by virtue of this act, shall be commenced time for proceedings under within six calendar months after the commission of the offence; this act. 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." 9 G. 4. c. 69. Form of conviction. Notice of appeal and recog nizance. Costs. No certiorari, &c. § 5. "The justices of the peace before whom any person shall be summarily convicted of any 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 to say, at day of in the BE it remembered, that on the § 6. "Any person who shall think himself aggrieved by any such summary conviction may appeal to the next court of general or quarter sessions, which shall be holden not less than twelve days after the day of such conviction for the county, riding, or division wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or within such three days enter into a 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." § 7. "No such conviction 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 alleged that the party has been convicted, and there be a good and valid conviction to 9 G. 4. c. 69. sustain the same." given in evi dence. § 8. "On every conviction under this act for a first or second Convictions to offence, the convicting justices shall return the same to the next be returned to quarter sessions for the county, riding, division, city, or place the quarter ses. wherein such offence shall have been committed; and the record sions registered, and may be of such conviction, or any copy thereof, shall be evidence in any prosecution to be instituted against the party thereby convicted for a second or third offence; and the clerk of the peace shall im- Clerk of mediately on such return make or cause to be made a memorandum to keep a of such conviction in a register to be kept by him of the names register. 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." peace If persons to three, being armed, enter any land for the purpose of taking or de the number of stroying game, &c. they shall § 9. "If any persons, to the number of three or more together, shall by night unlawfully enter or be in any land, whether open or inclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed with any gun, cross-bow, firearms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanor, and being convicted thereof before the justices of gaol delivery, or of the court of great sessions of the county or place in which the offence shall be committed, shall be liable, at the discretion of the court, to be transported beyond seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned and kept to hard labour for any term not exceeding three years; and in Scotland any person so offending shall be liable to be punished in like manner.' 10. enacts, “ that in Scotland the sheriff of the county within Jurisdiction of which the offence shall have been committed, shall have a cumu- sheriff's in Scotlative jurisdiction with the justices of the peace in regard to the land. same; and the conviction in Scotland may be proved in the same Proving of conmanner as a conviction in any other case according to the law of victions in Scotland." ،، f 11. enacts, “ that in all cases in Scotland of a third offence, or in other cases in Scotland where a sentence of transportation may, by the provisions of this act, be pronounced, the offender shall be tried before the high court or circuit court of justiciary." be deemed guilty of a misdemeanor. To be tried at assizes. Scotland. Third offences, &c. to be tried in certain courts. What shall be § 12. "For the purposes of this act the night shall be considered, and is hereby declared to commence at the expiration of deemed night. the first hour after sunset, and to conclude at the beginning of the last hour before sunrise.” § 13. "For the purposes of this act the word 'game' shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards." In a prosecution under 57 G. 3. c. 90. (now repealed), for being found armed by night in a close for the purpose of destroying game, it appeared that one of the two persons so found had a loaded pistol with him, but it did not appear that the other knew it; on ca. res. it was held that the latter was not liable to be convicted under the act. R. v. Southern, C. C. R. 444. Defendant being indicted under 9 G. 4. c. 69. § 9. for being out at night for the purpose of taking game, armed with a bludgeon, it appeared that the prisoner had with him a stick of the size of a bludgeon, but that he was lame, and was in the habit of using it as a crutch. Taunton J. told the jury, that though it 04 What shall be deemed game. One of several being armed without the knowledge of the others. Prisoner having a bludgeon at night, when in pursuit of within 9 G. 4. game, is not c. 69., if it appears he had might have been used as an offensive weapon, yet unless defendant had it with him for the purpose of so using it, it was not a case for conviction. Prisoner was acquitted. R. v. Palmer, Exeter Spring Assizes, 1831, 2 M. & M. 71. it for some other purpose than as an offensive weapon. Offenders 9 G. 4. c. 69. Under 9 G. 4. c. 69. § 2., a keeper, &c. may apprehend poachers though there are three or more, and found armed; for though § 2. against § 9. of only authorises apprehending for what are offences under § 1., and where there are three or more armed, they are punishable under § 9.; yet what is punishable under § 9. is, nevertheless, an offence under 1., though the circumstances of aggravation make it liable to a heavier punishment. E. T. 1832. may be apprehended. Murder, though the keeper, &c. have previously struck in selfdefence. Offenders under 9 G. 4. c. 69. may be apprehended without special notice being given to them. Under 57 G. 3. And if the keeper, &c. be killed in an attempt to apprehend, the offender will be guilty of murder, though the keeper had previously struck the offender, or any of the party, if he struck in selfdefence only, to diminish the violence illegally used against him, and not vindictively to punish. E. T. 1832. Prisoner and twenty-one others were found armed by night in a wood with intent to destroy game: the keepers came up, avowed the intent of taking them, and followed them for that purpose four hundred yards, till they got into a turnpike road: the twenty-two then formed, swore the keepers should follow them no further, and rushed upon the keepers: one keeper knocked three of the twenty-two down; but the jury found that he acted not vindictively, or to punish, but simply in his own defence, and to diminish the violence which was illegally brought into operation against him; another of the twenty-four (qu.?) then fired a gun at and wounded one of the keeper's men. On indictment, inde, for maliciously shooting, &c., the jury found that he fired to prevent his legal apprehension, and for that purpose to do grievous bodily harm; and on case, the judges (fourteen) were unanimous that the keepers had power to apprehend, and that, notwithstanding the blows by the keeper, it would have been murder had the keeper's man died. Conviction right. E. T. 1832, R. v. Ball, MS. Bayley B. S. C. 1 M. 330. 333. Indictment for malicious shooting at prosecutor with intent to murder, &c., and with a count stating the intent to be to resist lawful apprehension; it appeared that the prosecutor, who was the keeper's assistant, was shot at and wounded by one of a gang of poachers who had just left a game preserve, as he was going up to the poacher to seize him, without having said any thing to him. After conviction, on ca. res., the judges held that, under the stat. 9 G.4. c. 69., the prosecutor had a right to apprehend in such a case without giving notice, for that the circumstances constituted sufficient notice, and that the conviction was right. R. v. Payne and others, 1 M. 378. An indictment under 57 G. 3. c. 90. (a), charged defendant it was necessary with having entered a certain close, &c.; but there was nothing in some way to in the indictment to shew what particular close; it was not despecify the close. scribed by name, ownership, occupation, or abuttals. On ca. res., a majority of the judges thought that this was substantially a local offence, and that the defendant was entitled to know to (a) By 57 G. 3. c. 90., if any person having entered into any forest, chase, &c. with intent illegally to kill game, rabbits, &c. or to abet, &c. shall be found at night armed with any gun, &c., every person so offending shall be guilty of a misdemeanor. This statute is repealed. |