POACHING 165 



by the landlord for trespassing in pursuit of it, or c^f 

 woodcocks, snipes, quails, landrails, or rabbits.^ 



Two very important points remain to be considered, 

 the right to arrest, and the right to search. i\s pro- 

 bably more mistakes are made by keepers in these 

 matters than in any others with which they have to 

 deal, it will be well to state clearly how the law 

 stands. 



Any person may order an ordinary trespasser to 

 quit his land, and may remove him if he refuses to 

 do so, but he has no power at common law to sum- 

 marily arrest him. If, however, the offender be 

 trespassing in search of game. Section 31 of the 

 principal Game Act authorises any person having the 

 right of killing the game, or the occupier of the land, 

 or the gamekeeper or servant of either of them, to 

 arrest him under certain specified circumstances ; 

 namely, if he refuses to tell his real name or place of 

 abode, or gives a false name and address (to the 

 keeper's knowledge), or wilfully continues on the land 

 or returns to it, he may be apprehended and taken 

 as soon as possible before a Justice of the Peace, ^ 



' Pryce v. Davies, 35 J. P. 374 ; and Morden v. Porter, 

 29 L.J. M.C. 213. 



^ The section requires that he must not be detained more 

 than twelve hours, and if, for any sufficient reason, he cannot 

 be brought before a Justice of the Peace within that time, he 



