c. 96. 24 & 25 Vict. hath reasonable cause to suspect, and doth suspect and verily believes that A. B., of &c., hath in his possession there [or on his premises situate at in the said county, and with his knowledge], a deer, or some part thereof, then lately before unlawfully and wilfully carried away from [the uninclosed part of a certain forest, or chase, or purlieu, there called in which it was kept, or as the case may be], [or if a snare, a snare or engine for the taking of deer unlawfully]; and that the grounds of such his suspicions are as follow, namely [stating the reasons]. 67. Search warrant thereon. 68. Statement having deer or engine for the convic tion (s. 14). Proceed in the usual form of warrant B, in 11 & 12 Vict. c. 43, reciting the last complaint, and then :-These are, therefore, to command you, in her majesty's name, forthwith with proper assistance to enter the said premises of the said A. B. in the daytime, and there make diligent search for the said deer [or snare, or engine], and if the same, or any part thereof, shall, upon such search, be found therein or in the possession of the said A. B., that you bring the same, and also the body of the said A. B. before me, or some other of her majesty's justices of the peace in and for the said county of to answer to the said complaint and to satisfy the said justice that he came lawfully by the deer so found [or if a snare suspected, that he hath a lawful occasion for the said snare so found, and that he did not keep the same for any unlawful purpose], and to be further dealt with according to law. Given under my hand and seal, &c. For that he the said A. B., on &c., at &c., unlawfully had of offence of in his possession [or had on his premises there situate and with his knowledge] a certain part of a deer, to wit, [the hind quarters of a deer] then lately before unlawfully and wilfully carried away from [&c., describing the place as in the previous forms] [or a snare or engine for the taking of deer; and that upon the said A. B. being taken [or summoned] before me the said justice now here, the said A. B. doth not satisfy me the said justice that he came lawfully by the said deer [or head, or skin], 69. Complaint for a sum [or where a snare has been found, that he hath or then had a lawful occasion for the said snare or engine, and that he did not keep the same for any unlawful purpose], but hath altogether failed in doing so, contrary, &c. Proceed in the usual form, stating the matter to be,―That mons against lately upon part of a deer, to wit, the hind quarter thereof, being duly found in the possession [or on the premises] of one A. B., of &c., at and the said A. B. being there person through upon, to wit, on the day of instant, taken for 24 & 25 Vict. c. 96. venison summoned] before me the said justice [or J. P., Esquire, one of her majesty's justices of the peace in and for the said whose hands [county] of -1, the said justice was informed and given passed (Id. to understand that one E. F., of &c., had had possession s. 14). thereof on the day of E. F. (Id.) In the usual form Schedule A to 11 & 12 Vict. c. 43, but 70. Summons instead of 66 66 to answer, &c., say, to satisfy me the said thereon to justice that you have come lawfully by the said part of the said deer, and to be further dealt with according to law." of offence for For that he the said E. F., on &c., at &c., had in his pos- 71. Statement session a certain part of a deer, to wit, the hind quarters, conviction. then lately before unlawfully and wilfully carried away from (Id.) [&c., describing the place]; and that the said E. F.* although duly summoned by me as such justice as aforesaid, did not appear here on this day before me, or satisfied me, [or from the last asterisk*, having appeared here on that he came lawfully by the said hind quarter of the said For that you [or he the said A. B.] on &c., at &c., unlawfully and wilfully did set [or use] a certain engine [or snare] called for the purpose of then taking [or killing] deer in a certain part of a certain forest [or chase, or purlieu] there situate, called [or in a certain fence, or bank, dividing a certain forest, called adjoin ing thereto, contrary, &c. For that you [or he the said A. B.] on &c., at &c., unlawfully and wilfully did destroy a certain part, to wit, [twenty feet] of the fence of certain land there called [or in the occupation of E. F.] where deer were then and usually kept, contrary, &c. [For forms of conviction, &c., for the offences described 72. Setting en deer (Id. engines, &c. s. 15). 24 & 25 Vict. c. 96. 74. Trespassers assaulting deerkeepers (Id. For that he the said A. B., on &c., at &c., unlawfully and feloniously did assault and beat [or wound] the said C. D., the said C. D. being then a person intrusted with the care of the deer then usually kept and being in a certain forest [or chase, or purlieu, or in certain inclosed land wherein deer were then and usually kept] there situate, and in the (Indictable.) due execution of the powers given to him in that behalf by the statute in that case made and provided, contrary, &c. 8. 16). CHAPTER XIII. KILLING HARES AND RABBITS. 1. As to Hares, infra. 2. As to Rabbits, p. 133. 1. AS TO HARES. hares. Hares in term "game." owner or occupier may kill without licence. HARES are included in the definition of "game" in the 1. As to 1 & 2 Will. 4, c. 32 (note 2, ante, p. 14), and in the Night Poaching Act, 9 Geo. 4, c. 69, (ante, p. 109), and cluded in all enactments as to game apply to them; but there is no close time for them, the prohibited season for killing game applying only to certain birds (ante, p. 13). The owner or the occupier of land having the right to the game thereon, may kill hares, or authorize another to do so, without taking out an excise licence to kill game; and so may persons in hunting and coursing with hounds. See 11 & 12 Vict. c. 29, ante, p. 49, and 23 & 24 Vict. c. 90, s. 5, ante, pp. 29, 31. The taking of hares in warrens is punishable under 24 & 25 Vict. the new Larceny Consolidation Act,1 24 & 25 Vict. c. 96, s. 17, which enacts,-"Whosoever shall unlawfully and wilfully, between the expiration of the first hour after sunset and the beginning of the last hour before 1 Vide note 1 to Chap. XII., ante, p. 122, applicable here also. c. 96. Killing, &c. hares or c. 96. 24 & 25 Vict. sunrise, take or kill any hare or rabbit in any warren or ground lawfully used for the breeding or keeping The like in the day-time. of hares or rabbits, whether the same be inclosed or 2 not, shall be guilty of a misdemeanor ;3 "And whosoever shall unlawfully and wilfully, between the beginning of the last hour before sunrise and the expiration of the first hour after sunset, take or kill any hare or rabbit in any such warren or ground,—or shall at any time set or use therein any snare or engine for the taking of hares or rabbits,— shall, on conviction thereof before à justice of the peace, forfeit and pay such sum of money, not exceeding five pounds, as to the justice shall seem meet ;* "Provided that nothing in this section contained Lincolnshire. shall affect any person taking or killing in the day-time Exception of sea-banks in 2 The warrens here alluded to are not free warrens (for which see ante, p. 3, note 7), but grounds set apart for the breeding of hares or conies, and though called warrens have no peculiar privileges, and may be made by any person on his own land, without any licence from the crown (R. v. Lowther, 2 Ld. Raym. 1409; 1 Stra. 637, S. C.), but the act does not apply to places where a few rabbits may be kept, as in a rick yard (R. v. Garratt, 6 C. & P. 369). If conies are out of a warren no person has any property in them, and a man may justify killing them if they eat up his corn; but no action lies against the owner of the warren (Boulston's case, 5. Rep. 104). A person having a right of common may kill rabbits when out of the warren (Cro. Eliz. 548); but a mere right of common gives a man no power to kill the rabbits upon the common (Hodesdon v. Gryssel, Cro. Jac. 195; Cooper v, Marshall, 1 Burr. 259; Hinsley v. Wilkinson, Cro. Car. 388). A commoner may likewise maintain an action against the lord of a waste for surcharging the common with conies; but he cannot of his own accord fill up the burrows and remove the nuisance (Cooper v. Marshall, supra; Locke, G. L., xxxii., xx., xiii.; Woolrych, G. L. 30, 31). The word "take" in this section means to catch as in a snare, and not the taking necessary to constitute larceny (R. v. Glover, R. & R. 269). 3 For this indictable offence the punishment is fine, or imprisonment not exceeding two years, or both, at the quarter sessions or assizes. Vide ante, pp. 126, 127 (Chap. XII.), as to the procedure and costs. The procedure for this penalty will be as shown in Chap. XII., ante, pp. 125, 126. |