apprehended by a peace officer as a rogue and vagabond, if subsequently convicted of the offence for which they were apprehended (r). The magistrate may commit a person convicted as an incorrigible rogue to hard labour in the house of correction until the next sessions. By that court he may be imprisoned for a period not exceeding one year, with or without whipping, if a male (s). Sending unsea- Defence. SENDING UNSEAWORTHY SHIP TO SEA. If a ship is sent to sea in such unseaworthy state that the life of any person is likely to be thereby endangered, the following persons are guilty of a misdemeanor: (a) The person sending it; (b) the managing owner of any British ship so sent to sea from any port in the United Kingdom; (c) the person attempting to send it to sea; (d) the master of a British ship knowingly taking it to sea. But the accused will not be deemed guilty if he proves in the former cases that he has used all reasonable means to ensure the ship being sent to sea in a seaworthy state, or proves that her going to sea in such unseaworthy state was, under the circumstances, 5 Geo. 4, c. 83, s. 5. Ibid. Though Drunkenness is not an indictable offence, but only punishable on summary conviction, the subject may have a passing notice here. The mere fact of drunkenness is punishable by forfeiture of 5s. for the first offence; for the second the offender may be bound with two sureties in £10 for good behaviour (4 Jac. 1, c. 5; 21 Jac. 1, c. 7, s. 3). Persons found drunk in any street or public thoroughfare, building, or other place, or on any licensed premises, are liable to a penalty of 10s. for the first offence; 20s. and 40s. for the second and third within the twelve months. If, whilst drunk, a person is guilty of riotous or disorderly behaviour, or is in charge of any carriage, horse, cattle, or steam-engine, or is in possession of any loaded fire-arms, the penalty is 40s., or imprisonment for a month (35 & 36 Vict. c. 94, s. 12). The same Act contains penalties for permitting drunken conduct (v. 10 & 11 Vict. c. 89). reasonable and justifiable; in the last case, if he proves the latter of these points. In each case the accused may give evidence in the same manner as any other witness (t). (t) 38 & 39 Vict. c. 88, s. 4; v. p. 387. The first trial at which the defendant was examined took place at the Liverpool Spring Assizes, 1876. Ground of tion as to game offences. CHAPTER IX. OFFENCES RELATING TO GAME. WITHOUT entering into a discussion as to the suffispecial legisla- ciency of the ground on which the game laws are based, 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. Therefore the legislature has made special provisions, in some cases more stringent than in the case of ordinary articles. Taking, &c., The principal statute on the subject is 9 Geo. 4, 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 game by night. hour after sunset, and to conclude at the beginning of the last hour before sunrise) (u) 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 inclosed (x), or on public roads, highways, gates, outlets, openings between such lands and roads (y). Entering, &c., ii. Any person entering or being by night in such for purpose of places, with any gun, net, engine, or other instrument for the purpose of taking or destroying game (z). taking. (u) 9 Geo. 4, c. 69, s. 12. (x) lbid. s. 1. (y) 7 & 8 Vict. c. 29, s. 1. The punishment for the first offence in each case Punishment. 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 be found. For the second, likewise summarily dealt with, each of the above periods is doubled. The third offence is a misdemeanor, punishable by penal servitude to the extent of seven years (a). When any person is found committing such offence, Apprehension it is lawful for the owner or occupier of the land (or in of offender. the case of a public road, &c., of the adjoining land), or for any person having a 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 persons, he is punishable for the misdemeanor with penal servitude to the extent of seven years (b). purpose of A graver offence is dealt with in a later section of Three or more the same statute. For three or more persons, by night, armed for to unlawfully enter, or be in any land (or road, &c., taking game. 7 & 8 Vict. c. 29), for the purpose of taking or destroying game or rabbits, any of the party being armed with firearms or other offensive weapons, is a misdemeanor in each, punishable by penal servitude to the extent of fourteen years (c). The prosecution for every offence within this Act, if punishable on summary conviction, must be commenced (a) 9 Geo. 4, c. 69, s. 1. (b) Ibid. s. 2. (c) Ibid. s. 9. Search for within six months after the offence; if punishable by indictment or otherwise than by summary conviction, within twelve months (d). Power is given to the police to search in public game, guns, &c. places persons suspected on reasonable grounds of coming from lands where they have been unlawfully in pursuit of game, and their carts, and to seize any game, guns, &c., which they may have in their possession. The persons so searched are to be brought before two magistrates assembled in petty sessions, and, if they are convicted, forfeit the goods and are fined not exceeding £5 (e). Hares and rabbits. Deer. Spring-guns, &c. Unlawfully taking or killing hares or rabbits in warren by night, is a misdemeanor; by day, an offence punishable on summary conviction (ƒ). By the same statute, hunting, killing, &c., deer in an uninclosed part of a forest is punishable on the first offence by penalty not exceeding £50; on the second, which is a felony, by imprisonment not exceeding two years. The latter punishment applies to even a first offence, if committed in an inclosed part (g). In connection with this subject we may notice 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 (d) 9 Geo. 4, c. 69, s. 4. (e) 25 & 26 Vict. c. 114, s. 2. |