TAKING HARES OR RABBITS BY NIGHT. 373 



to be imprisoned until he had paid the penalty, and the expense of 

 conveying, not only himself, but the other persons convicted, and that 

 this was not a case in which to exercise the power of amendment under 

 12 & 13 VicL, c. 45, s. 7 {Eer/. v. Cridland). And semhle, where to 

 an information for an offence under 1 & 2 Will. IV. c. 32, s. 30, the 

 defendants bond fide claimed a right to enter upon the land under an 

 authority from S, who was alleged to be the owner of the land, and 

 asked for an adjournment, as they were not then prepared with evidence, 

 which was refused ; this was such a hond fide claim of right as put an 

 end to the jurisdiction of the justices {ih.) 



By statute 7 & 8 Geo. IV. c. 29, s. 30, to take or kill any hare or 

 rabbit in the night time, in any warren or ground lawfully used for the 

 keeping or breeding of the same, is a misdemeanour ; and to take and 

 kill them in any warren or ground in the daytime, or at any time to 

 set any snare or engine for the taking them, is punishable upon sum- 

 mary conviction by fine, not exceeding £5. But nothing in this act 

 affects any person taking or killing in the daytime any rabbits on any 

 sea-bank or river-bank in the county of Lincoln, so far as the tide shall 

 extend, or within one furlong of the bank. Statute 7 t^ 8 Vict. c. 29, 

 s. 1, recites statute 9 Geo. IV. c. 69, s. 1, and extends the provisions 

 of that act to any person by night unlawfully taking or destroying any 

 game or rabbits on the public road, highway, or path, or the sides 

 thereof, or at the openings, outlets, or gates from any such land into 

 any such public road, highway, or path, in the like manner as upon 

 any land open or inclosed. Night-time in both of these acts means 

 some time between the expiration of the first hour after sunset and the 

 beginning of the last hour before sunrise. 



By section 1 of statute 11 & 12 Vict. c. 29 (which did not disturb 

 the existing agreements for the reservation of game), persons in the 

 actual occupation of inclosed ground, or any oivner thereof, who has the 

 right of killing game thereon, by himself or by any person directed 

 or authorised by him in writing so to do according to the form given 

 in the schedule of the act, may take, kill or destroy hares thereon tvith' 

 out a game certificate. Section 2 provides that the authority so to 

 take, kill, and destroy hares, which holds good till February 1st in 

 the year following that in which it is granted, shall, when granted, be 

 limited to one person at the same time in any one jjarish ; that such 

 authority shall be sent to the Clerk of the Petty Sessions, who shall 

 register it ; and if it be revoked, notice must be given to him of the 

 same. Section 4 allows an uncertificated person to join in coursing 

 and hunting ; and sections 5 and 6 render it illegal to lay any poison 

 on the ground, whether open or enclosed, or on the highway, or for 



