I70 THE RABBIT 



suspected of coming from land where he has been un- 

 lawfully in pursuit of game, and to take from him 

 any game, eggs of game, or rabbits that may be found 

 in his possession, or any gun, part of gun, or nets, 

 or engines used for killing or taking game. It also 

 enables a constable to stop and search any cart, or 

 conveyance, in which he suspects any of these things 

 to be concealed, and, if found, to seize and detain 

 them. In such a case, the constable must apply to 

 a magistrate for a summons citing the offender to 

 appear before two justices at petty sessions, if in 

 England or Ireland, or before a sheriff or any two 

 justices if in Scotland, to be dealt with as the Act 

 provides. 



This statute, in the words of Mr. Justice Byles,^ 

 ' not only creates a new criminal jurisdiction, but 

 changes the burden of proof in a criminal case, and 

 therefore we must give it a strict construction. Now it 

 appears that there are four requisites : firsts that the 

 suspected person should be found on the highway, &c. ; 

 secondly^ that there should be good ground of suspicion 

 that he has come from land where he has been un- 

 lawfully pursuing game, and that he has in his pos- 

 session game unlawfully obtained, or certain other 

 specified articles ; thirdly^ that he should have in his 

 ' Clarke v. Crowder and others, L.R. 4 C.P. 638. 



