1 66 THE RABBIT 



and on being convicted of any such offence, is liable 

 to a penalty not exceeding 5/. and costs, or in default, 

 two months' imprisonment with hard labour. 



If any of the parties authorised as above can 

 see game in possession of the trespasser, they may de- 

 mand it, and if refused, may seize it, but they may 

 not search a person on suspicion, nor can they seize 

 his gun. The only person empowered to search is 

 a constable under circumstances mentioned in the 

 Poaching Prevention Act, 1862, to be presently 

 referred to. 



Under the Night Poachers' Act, 1828 (9 Geo. IV. 

 cap. 69) modified by the Night Poaching Act, 1844 

 (7 & 8 Vict. cap. 29) any one taking or killing 

 game or rabbits at night ^"^ either on open or enclosed 

 land, or upon any highway or the sides thereof, or 

 entering such places for the purpose, is liable on 

 conviction to three months' imprisonment with hard 

 labour for a first offence, six months' for a second 

 offence, and a still longer term for any subsequent 

 offence.^ Such person also may be apprehended, 



must be discharged, and proceeded against by summons or 

 warrant, as if no such apprehension had taken place. 



' Night is deemed to commence at the expiration of the 

 first hour after sunset and to conckide at the beginning of the 

 last hour before sunrise. See p. 159, note. 



^ It is important to bear in mind that before he can be con- 

 victed he must have actually killed or taken a rabbit. It is 



