The law is very severe against per sons not authorized, who take or de stroy game by night. By 1 & 2 Wm. IV. c. 32, day-time' is to be deemed from one hour before sun-rise to one hour after sun-set. The 9 Geo. IV. c. 69, enacts, that if any person by night shall take or kill game or rabbits on any land, or shall enter therein with gun, net, engine, or other instrument, for the pur pose, he shall, on conviction before two justices, be committed to hard labour in the house of correction for a term not exceed ing three months, and, at the expiration of that period, find securities for twelve months, himself in 10/. and two others in 51. each, or one security in 10/. In case of not finding sureties (and it is not a likely case that night-poachers should be able to find them), the offender may be further imprisoned six months. For a second offence the term of imprisonment is ex tended to six months, the sureties are doubled, and required for a period of two years. If the offender cannot find sure ties, he may be further imprisoned for twelve months. The third offence is pun ishable with transportation for seven years, or imprisonment with hard labour in the house of correction for a term not ex ceeding two years. Offenders under this act may be apprehended on the spot by owners and occupiers of lands, their ser vants and assistants ; and if they assault or offer violence with gan, club, stick, or otherwise, they are liable to be trans ported for seven years, or to be impri soned with hard labour for two years. The punishment for night-poaching is still more severe when three or more per sons enter any land for the purpose of taking or destroying game or rabbits, armed with a gun, bludgeon, or other offensive weapon, and they are subject to transportation for a period not exceeding fourteen years, or to imprisonment with hard labour for not exceeding three years. In 1844 an act was passed (7 & 8 Viet c. 29) which extended the provisions of 9 Geo. IV. c. 69, against night-poaching to persons who take or kill game or rabbits upon public roads or highways, and other roads and paths leading to enclosed gates, and also at the gates, outlets, and open ings between such lands and roads or paths.
By § 36 of 1 & 2 Wm. IV. c. 32, it is enacted, that if any unauthorized person be found by day or night on any land in search of game, and have in his possession any game which " appear to have been recently killed," any authorized person, as gamekeepers, occupiers, or others who have the right of killing the game, may demand such game and seize it if not im mediately delivered.
A penalty not exceeding 101. is incurred for laying poison with mtent to destroy game (I & 2 Wm. IV. e. 32).
If any person who is not authorized to kill game himself, or who has not per mission from a person win has such right, shall take out of the nest or destroy the eggs of any bird of game or of any swan, wild duck, teal, or widgeon, or shall knowingly have in his possession any such eggs so taken, he shall be liable on conviction to a penalty not exceeding 5s. with costs for each egg. (1 & 2 Wm. IV. c. 32, § 24.) By the act 7 & 8 Geo. IV. e. 29, it is felony to course, hunt, snare, carry away, kill, or wound, or attempt to kill or wound, any deer kept in any enclosed land, whether forest, chase, or purlieu,or other place wherein deer is usually kept. The punishment is transportation for seven years, or imprisonment for two years. If the offence be committed in the uninolosed part of a forest, chase, &c., the penalty for the first offence is a sum not exceeding 50l.: and for a second offence, transportation or imprisonment.
Such are the principal !oral provisions respecting game which exist at the pre sent day. This right of appointing per
sons called game-keepers, who are, pro perly speaking, a game police, does not belong to all owners of lauds. Game keepers were first allowed to be appointed by 22 & 23 Car. IL Before the act 1 & 2 Wm. IV. C. 32 was passed, a person could only appoint one game keeper. By this act lords of manors may appoint one or more gamekeepers to preserve or kill game within the manor for their own use. Lords of manors may depute any person to be a gamekeeper to a manor, with authority to kill game for his own use or that of any other person named in the deputation. The game keepers are authorized to seize all dogs, nets, and other engines used for killing game by uncer€ficated persons.
Until the pawing of the act 1 & 2 Wm. IV., c. 32, no person was allowed to sell game ; but it was made saleable by this act, as the law was systematically evaded. A dealer in game must obtain an annual licence from the justices, who hold a special session in July for the purpose of granting such licences. Inn keepers, victuallers, retail beer-sellers, guards, coachmen, carriers or higglers, or persons in the employ of any of these classes of persons, are prohibited from dealing in game. Licensed dealers who buy game of any person not authorized to sell it are liable to a penalty of 101 with costs. A person not being licensed, who buys game of an unlicensed person, subjects himself to a penalty not exceed ing 51. for each head of game, with costs.
The preservation of game is an ob ject of constant solicitude to nearly all those who belong to the landed gentry in this country. The pursuit of game is not only followed for the sport which it affords, but because ideas derived from the feudal times still attach a social distinction to the right of killing birds and beasts of game. It is only fifteen years since this privilege was acquired only by property or birth. It is still sufficiently restricted to confer upon those who enjoy it a petty importance to which common-minded persons may attach some value. Within the last fifty years game has been preserved to an excess which was previously unknown. Most of the laws relating to game which have been passed within this period have been to enable game pre servers to indulge in this taste, and to visit with greater severity those who are tempted by the abundance of game to become poachers. The accumula tion of game in preserves, watched and guarded by numerous keepers, has led to changes in the modes of sporting. The sportsman of the old school was con tented with a little spoil, but found en joyment in healthful recreation and ex ercise, and was aided by the sagacity of his dogs. In the modern system of bat tue-shooting, the woods and plantations are beaten by men and boys ; attendants load the sportsman's guns, and the game is driven within reach of gun-shot, and many hundred heads of game are slaughtered in a few hours. The true sportsman would as soon think of spoiling a poultry-yard. Battue-shooting is the end of excessive game-preserving ; and in this so-called sport, members of the royal txmily, ministers of state, and many of the aristocracy eagerly participate. In an ordinary day's sport of this description, seven or eight hundred head of game will be killed by three or four sportsmen in about four hours, and perhaps fifty or sixty wounded will be picked up on the following day. A couple of gentlemen will kill nine hundred hares in one day. On a great field-day, when the sportsmen are more numerous, the slaughter is im mense. Whole waggon4oads of hares are sent off to the London and other great markets for sale, as the result of one day's sport.