370 SHOOTING PHEASANT ON HIGHWAY. 



quails, landrails, or conies, such person shall on conviction thereof be- 

 fore a justice of the peace, forfeit and pay a sum of money not exceed- 

 ing £5, together with the costs of the conviction), there must be a 

 bodily ''entering or being" of the person upon the land, upon which 

 the trespass is alleged to have taken place : and there may he a trespass 

 u'iihin ihe act, t/ioiiz/h at the time the person be upon a highway. Where, 

 therefore, the appellant, whilst on a highway carrying a gun, waved his 

 dog into a cover on one side of it, and flushed a pheasant, at which he 

 fired as it crossed the highway, it was held that he was properly con- 

 victed under the above statute, of a trespass in search of game, upon 

 land in the possession and occupation of one George Bo^^7er, who was 

 lord of the manor, and the owner of the land on both sides of the high- 

 way {Reg. V. Pratt). 



Evidence that a party has exercised the right of kitting game for seven 

 years iipoi laiid, is prima facie evidence of the right under 1 & 2 Wilt. 

 IV. c. 32, B. 36, which makes it lawful for any person having the right 

 of killing the game upon any land, by virtue of any reservation or 

 otherwise, or for the occupier of such land (whether there shall or shall 

 not be any such right by reservation or otherwise), or for any game- 

 keeper or servant of either of them, or for any officer of Her Majesty's 

 forest, park, chase, or warren, or for any person acting by the order and 

 in aid of any of the said several persons, to seize game (if not imme- 

 diately given up on demand) recently killed, found in the possession of 

 any person upon such land, by day or by night, in search or pursuit of 

 game {Beg. v. }Vatl). Under the stat. 9 Geo. IV. c. 69, s. 2, the servant 

 of a person being neither the owner nor occupier of the wood, nor 

 the lord of the manor, but having only permission to preserve the game 

 there, has no authority to apprehend poachers {Rex v. Addis). Section 

 4 of this statute requires pn^o send ions under it to t)e comme7iced within a 

 year, and the provision is complied with if the information is laid before 

 the magistrates, and the prisoners are apprehended within the year, 

 although the indictment is not preferred till after the year has elapsed 

 {Reg. V. BrooTcs & Git)son). 



A person having only a right of shooting over land, has no right to 

 empower keepers to apprehend trespassers in search of game ; and on 

 their resisting with no greater violence than is used by the keepers, 

 they will not be liable for an assault ; but if the trespass is in the night 

 tliey may be indicted for night-poaching {Reg. v. Wood) 1 F. & F. 470 ; 

 and a gamekeeper appointed by a person who had only permission to 

 shoot, trying to take a gun ft"om a poacher, and in the scuffle causing a 

 gun to go off which killed a poacher, was held by Lord Campbeli C.J. 

 guilty of manslaughter {Reg. v. Wateg) F. & F. 528. 



