POACHING 169 



land adjoining, and killed it. He did not at once 

 seek to remove it, and Horn (Lord Westbury's game- 

 keeper), who was attracted by the shot, found the dead 

 bird and removed it without being seen by Raine. 

 Some hours later Raine returned, and climbed over 

 the wall and began looking for the dead bird. He 

 was charged with trespassing on the land in pursuit of 

 game. The magistrates dismissed the charge on the 

 ground that the distance of time between the act of 

 killing and the act of taking prevented them from 

 treating the two as one continuous act. A Divisional 

 Court, however, on a case stated, remitted the case 

 to the magistrates with directions to convict on the 

 ground that on the facts stated the killing and taking 

 constituted one continuous act. 



We come now to the Poaching Prevention Act, 

 1862 (25 & 26 Vict. cap. 114), the provisions of 

 which apply to rabbits as well as to game. It is an 

 extremely important Act, because it empowers police 

 constables in certain cases to search suspected persons 

 without a warrant, a proceeding which, as we have seen 

 (p. 165), is not in the power of any owner, occupier, 

 gamekeeper or other person acting under his or their 

 directions. 



Section 2 of this Act enables a constable to search, 

 in any highway, street, or public place, any person 



