ties are sooner found; and in case such person shall so offend a third time (k) he shall be guilty of a misdemeanor (1). Sec. 2. [Owners or occupiers of land, &c. may apprehend offenders.] 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 such land may be situate, and also for any game-keeper or servant of any of the persons herein mentioned, or any person assisting such game-keeper or servant, to seize and apprehend such of fender (m) upon such land, or in case of pursuit (n) being made, in any other place to which he may have escaped therefrom, and to deliver him up, as soon as may be, into the custody of a peace officer, in order to his being conveyed before two J. P.s (o); and in case such offender shall assault or offer any violence with any gun, crossbow, fire-arms, bludgeon, stick, club, or any other offensive weapon (p) whatsoever, towards any person hereby authorized to seize and apprehend him, he shall, whether it be his first, (k) A specific remedy having been provided by the above section for the punishment of a first and second offence of night-poaching by the proceeding of summary conviction, that mode of proceeding must in either of those cases be pursued, and the prosecutor can only proceed by indictment after the offender has been twice previously convicted before two magistrates; for the express mention of the proceeding by summary conviction impliedly excludes that of indictment. () As the offence is a misdemeanor, the prisoner is entitled to be admitted to bail. (m) Under this section a keeper, &c. may apprehend poachers, though there are three or more, and found armed; for though this section only authorizes apprehending for what are offences under section 1, and when there are three or more armed, they are punishable under section 9, yet what is punishable under section 9 is nevertheless an offence under section 1, though the circumstances of aggravation make it liable to a heinous punishment, R. v. Ball, 1 Moo. C. C. 330. The arrest may be made by the keeper, &c., without giving previous notice, R. v. Payne, ib. 378; R. v. Davis, 7 C. & P. 785; and without a written authority so to do, R. v. Price, 7 C. & P. 178. But the gamekeeper of a person who has merely the right of shooting over land is not justified in apprehending a person unlawfully being upon such land by night for the purpose of taking game, R. v. Wood, 1 F. & F. 470; R. v. Price, 5 Cox, C. C. 277 ; R. v. Addis, 6 C. & P. 388; and see R. v. Davis, 7 C. & P. 785. (n) If the persons have left the land before they were discovered, they cannot be arrested, R. v. Gainer, 7 C. & P. 231. (0) If two J.P.s cannot be found, the offender may be detained a reasonable time, and ten days has been held reasonable; Evans v. Macloughlan, 4 L. T. N. S. 31. (p) See section 9 and note thereon. Any instrument in ordinary use for the purpose of offence would fall within these words, as used in this section. See R. v. Fletcher, 1 Leach, C. C. 23; R. v. Hutchinson, ib. 342. As the violence must be used with a weapon, a mere pugilistic contest with the hand would not amount to this offence. second, or any other offence, be guilty of a misdemeanor, and be liable to be transported for 7 years, or to be imprisoned with hard labour for not exceeding 2 years. Sec. 3. [Warrant for apprehension.] Where any person shall be charged on the oath of a credible witness, before any J. P. with any offence punishable upon summary conviction under this act, the justice may issue his warrant for apprehending such person, and bringing him before two J. P.s to be dealt with. Sec. 4. Limitation of time for proceedings under this act upon summary conviction is six months after offence committed. Sec. 5. Provides the form of conviction, but as the form given by the Petty Sessions Act may be used, it is deemed unnecessary to set it out here. If the J. P.s prefer to use the one given by the act, they are at liberty so to do. Sec. 6. [Appeal.] Any person who shall think himself aggrieved by any such summary conviction may appeal to the next court of Q. S. which shall be holden not less than 12 days after the day of such conviction, for the county, &c. 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 3 days after such conviction, and 7 clear days at the least before such sessions, and shall also either remain in custody until the sessions, or within such 3 days enter into a recognizance, (q) with a sufficient surety, before J. P. 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. Sec. 7. Takes away the writ of certiorari. Sec. 8. Convictions to be returned to the quarter sessions, and registered, and may be given in evidence. Sec. 9. [If persons to the number of three, being armed, enter any land.] If any persons to the number of three or more together shall by night unlawfully enter or be in any land, whether open or enclosed, for the purpose of taking or destroying game or (q) See note (z) on 27 Geo. III. c. 35, s. 23, ante, p. 582. rabbits, any of such persons being armed with any gun, crossbow, fire-arms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanor (7). Sec. 12. [What time shall be considered night.] That for the purposes of this act the night shall be considered, and is hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise. Sec. 13. [What shall be deemed game.] 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. 7 & 8 VIC. c. 29. Sec. 1. [Destroying game or rabbits on roads.] All the pains, punishments, and forfeitures imposed by 9 Geo. IV. c. 69, upon persons by night unlawfully taking or destroying any game or rabbits in any land, open or inclosed, as therein set forth, shall be applicable to and imposed upon any person by night unlawfully taking (s) or destroying any game or rabbits on any public road, highway, or path, or the sides thereof, or at the openings, outlets, or gates from any such land into any such public road, highway, or path, in the like manner as upon any such land, open or inclosed. 5 & 6 VIC. c. 81. An Act to transfer the Collection and Management of the Duties on Certificates to Kill Game in Ireland to the Commissioners of Excise. Whereas, under and by virtue of an act passed in the fifty-sixth year of the reign of King George the Third, intituled, "An Act to repeal the several Stamp Duties in Ireland, and also several Acts for the Collection and Management of the said Duties, and to grant new Stamp Duties in lieu thereof; and to make more effectual Regulations for collecting and managing the said Duties," the several duties herein-after specified were granted and are now payable to her Majesty in Ireland; (that is to say), for and in respect of every certificate of having registered a deputation as a gamekeeper, the duty of £3 3s. (ss); and for and in respect (2) The 14 & 15 Vic. c. 19, s. 11, giving any person the right to apprehend persons committing indictable offences in the night, applies to persons night-poaching within the meaning of this section, although the night is defined to begin and end at different times in the two statutes; R. v. Sanderson, 1 F. & F. 598. (s) It is no offence to be on a public road under this act in quest of game; to complete the offence there must be a taking or destroying. (88) See now post, p. 591. of every certificate to authorize any person, not being a gamekeeper, to kill game in Ireland, the duty of £3 3s.; which said duties are now under the care and management of the commissioners of stamps and taxes; and it is expedient to transfer the collection and management thereof to the commissioners of excise be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act the said duties so granted as aforesaid, and now payable in Ireland, shall be and the same are hereby transferred to and placed under the management of the commissioners of excise, and shall be collected, paid, and accounted for in the same manner as the other duties under the management of the said commissioners of excise; and shall be charged, raised, levied, sued for, and paid under the provisions of this act, and the general or special provisions, clauses, enactments, regulations, pains, penalties, and forfeitures contained in any act or acts relating to the collection and management of the revenue of excise; all which provisions, clauses, enactments, regulations, pains, penalties, and forfeitures shall and the same are hereby directed and declared to extend to, and shall be applied and put in execution, except where otherwise altered or declared by this act. Sec. 1 recites 56 Geo. III. c. 56, and directs duties on game certificates to be under the management of the commissioners of excise. Sec. 2. [Persons keeping dogs for killing game, not gamekeepers, to take out certificate.] Every person in Ireland, not acting as a gamekeeper under and by virtue of a deputation or appointment duly made to him, who shall keep or use any dog (t), or any gun, net, or engine for the destruction of game, shall, previously to using the same or killing any game, annually, on payment of the duty granted and imposed thereon as aforesaid, obtain from the officers of excise authorized to grant certificates a certificate authorizing him to kill game. Sec. 3. [Gamekeeper to register his deputation with the excise officer, and take out a certificate.] Every person in Ireland to whom any deputation or appointment as a gamekeeper shall be made by any lord or lady of a manor, or other person authorized to make such deputation or appointment, shall, previously to acting under such deputation or appointment, and in each succeeding year, register the same with the supervisor of excise within whose district any of the manors, lands, or tenements (t) Now a game certificate is not necessary to enable a person to keep or use a greyhound; see 23 & 24 Vic. c. 90, s. 5, post, p. 591. comprised in such appointment, and described therein, shall be situate; and the officers of excise authorized to grant certificates shall thereupon, on payment of the duty granted and imposed thereon as aforesaid, grant a certificate to such gamekeeper to kill game. Sec. 4 directs by what officers certificates to be granted. Sec. 5. [Penalty on uncertificated persons keeping dogs for killing game, &c.] If any person in Ireland shall have, keep, or use (u) any greyhound (v), hound, pointer, setting-dog, spaniel, lurcher, or other dog, or any gun, net, or other engine for the taking or destruction of any hare, pheasant, partridge, woodcock, snipe, heath fowl (commonly called black game,) or grouse, (commonly called red game,) or any other game whatsoever; or if any person shall have or obtain any deputation or appointment as a gamekeeper, or shall act as a gamekeeper, without having taken out or renewed a certificate duly granted to him, and then in force, every such person respectively so offending shall forfeit £20. Sec. 6. Commissioners of excise may publish lists of certificated persons. Sec. 7. Provision for change of gamekeeper. Sec. 8. [Compelling production of certificate.] If any person in Ireland shall be found using any dog, gun, net, or other engine fer the taking or destruction of game, it shall be lawful for any officer of excise, or for the occupier of the land where he shall be so found, or for any owner or proprietor of, or any person having any estate whatsoever in the same lands, whether in possession, remainder, reversion, or future interest, or for any person having a certificate then in force, producing the same, to demand and require from the person to produce and show a certificate then in force; and every such person shall produce such certificate to the person so requiring and demanding the same, and shall furnish the same to be inspected accordingly; and if any such (u) By section 70 of 7 & 8 Geo. IV. c. 53, where, in revenue cases, the offence shall have been committed by several persons jointly, such several persons shall jointly and severally incur every such penalty, and it shall be lawful to proceed against such persons jointly or severally for the recovery thereof, as the commissioners of excise may deem expedient. Though several persons may join in using a greyhound or killing a hare, there is still but one offence, for there is, in reality, but one act done by all; Barnard v. Gosling, 1 Bos. & Pul. 251. But where two or more persons shoot or course toge ther, each using a gun or a dog, then they will be all liable to a separate penalty; Christ. Game Laws, 161. Where the same act is repeated on different days, cumulative penalties are incurred, because the offences are separate; Queen v. Mathews, 10 Mod. 27. But where there is a repetition of several acts on the same day in pursuit of the same object, the penalty is single, because it is legally one act and one offence; Marriott v. Shaw, Cowp. 278; see post, 23 & 24 Vic. c. 90, s. 5., p. 591. (v) No licence is now necessary for |