entry on land accompanied by greyhounds and beating bushes where hares were wont to frequent is not a trespass in pursuit of game (g). 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 (h). of offender. When any person is found committing such offence, Apprehension it is lawful for the owner or occupier of the land (or in 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 (i). armed for A graver offence is dealt with in a later section of Three or more the same statute. For three or more persons, by night, purpose of 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 (j). Search for game, guns, &c. Hares and rabbits. Deer. Spring-guns, &c. The prosecution for every offence within this Act, if punishable on summary conviction, must be commenced within six months after the offence; if punishable by indictment or otherwise than by summary conviction, within twelve months (k). Power is given to the police to search in public 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 (1). Unlawfully taking or killing hares or rabbits in warren by night is a misdemeanor; by day, an offence punishable on summary conviction (m). 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 (n). 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 (k) 9 Geo. 4, c. 69, s. 4. (2) 25 & 26 Vict. c. 114, s. 2. bodily harm, with intent that the same, or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, is a misdemeanor punishable by penal servitude to the extent of five years. But this does not prevent setting a man-trap, &c., to protect a dwellinghouse from sunset to sunrise (0). (0) 24 & 25 Vict. c. 100, s. 31. Offences against indi crimes. OFFENCES AGAINST INDIVIDUALS. Offences which immediately affect individuals are viduals, why regarded as crimes, and not merely as violations of private rights, on several grounds. First, because they are considered as contempts of public justice and the Crown; secondly, because they almost always include in them a breach of the public peace; thirdly, because, by their example and evil tendency, they threaten and endanger the subversion of all civil society (p). Offences against individuals may be divided into two classes those Against their Persons. Against their Property. (p) 4 Bl. 176. PART II. OFFENCES AGAINST INDIVIDUALS. THEIR PERSONS. mined by circumstances. IT is needless to remark that offences against the In offences against the person vary considerably in their enormity and in person the their consequences. In this department especially degree of criminality is anomalies occur, which are apparently productive of often detergreat inequality. It is here perhaps more than else- extraneous where that the interference of what may be termed "extraneous circumstances" determines the character and gravity of the offence. We have seen that the intent is the index to the quality of the act; and if the intent could always be correctly arrived at, of course such circumstances would be left out of consideration. And even as it is, it is difficult to see why certain contingencies, entirely out of the control of the accused, should affect his position in the most vital manner. For example, the same intent may result in murder, or wounding with intent to murder, according to the skilfulness of the surgeon who treats the wounded man. It is, however, obviously expedient, with our defective means of gauging the intent, to punish more seriously the completed crime, so that in cases where this consideration would have any effect the criminal may be induced to stop short or to resort to the less serious deed. Again, it is the law that a person cannot be convicted of murder if the death does not ensue within a year and a day from the date of the blow or wound. It seems hard to explain why there should still be an arbitrary line thus drawn; and why it should not be |