NIGHT POACHING 

 "Night" is after the close and before the beginning 

 of "day" as above defined. 



Night poaching only extends to game or rabbits. The 

 offence is committed by anyone who unlawfully by night 

 (a) takes or destroys game or rabbits on any land open or 

 enclosed (unless it is waste land) or on any highway ; 

 (^) enters or is on any open or enclosed land (not bemg 

 a highway) with a gun, net, engine or in^rument for the 

 purpose of taking game (not rabbits). 



The offence is punishable summarily by imprisonment^ 

 but a third offence is a misdemeanour triable at Quarter 

 Sessions. 



If three or more are together committing offence (i^) 

 and any one is armed with an offensive weapon it becomes 

 a misdemeanour triable at Quarter Sessions. In this 

 instance, too, rabbits are included as well as game. 



It is no offence to be on a highway at night even with 

 a gun, dog, and net for the purpose of taking game or 

 rabbits unless any such are taken. 



It is no offence to be on land at night even with a dog 

 for the purpose of taking game or rabbits unless any such 

 are taken. If, however, the trespasser in this case has a gun,, 

 net or stick, it v/ill depend whether the place and circum- 

 stances ju^ify the assumption that he was in search of 

 game whether he can be convidled ; if he was in search of 

 rabbits only and did not take any he cannot be convidled. 



A tenant where the game is reserved maybe prosecuted 

 for night poaching as well as a stranger, except that 

 he is entitled to take hares or rabbits otherwise than hy 



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