THE ENGLISH GAME LAW. 439 



endeavour to prevent any person authorized as hereinbefore mentioned 

 from approaching such persons so found, or any of them, for the purpose 

 of requiring them or any of them to quit the land whereon they shall be 

 BO found, or to tell their or his Christian name, surname, or place of abode 

 respectively as hereinbefore mentioned, every person so offending by such 

 violence, intimidation, or menace as aforesaid, and every person then and 

 there aiding or abetting such offender, shall, upon being convicted thereof 

 before two justices of the peace, forfeit and pay for every such offence such 

 penalty, not exceeding five pounds, as to the convicting justices shall 

 seem meet, together with the costs of the conviction ; which said penalty 

 shall be in addition to and independent of any other penalty to which any 

 such person may be liable for any other offence against this act. 



XXXIII. Penalty for trespass in daytime in his Majesty's forests. 

 And be it enacted, that if any person whatsoever shall commit any tres- 

 pass, by entering or being in the daytime, upon any of his Majesty's 

 forests, parks, chases, or warrens, in search or pursuit of game, without 

 being first duly authorized so to do, such person shall, on conviction 

 thereof before a justice of the peace, forfeit and pay such sum of money 

 not exceeding two pounds, as to the justice shall seem meet, together 

 with the costs of the conviction. 



XXXIV. What to be deemed daytime. And be it enacted, that for 

 the purposes of this act the daytime shall be deemed to commence at 

 the beginning of the last hour before sunrise, and to conclude at the ex- 

 piration of the first hour after sunset. 



XXXV. The provisions as to trespassers not to apply to persons 

 hunting, &c. Provided always, and be it enacted, that the aforesaid 

 provisions against trespassers and persons found on any land shall not 

 extend to any person hunting or coursing upon any lands with hounds or 

 greyhounds, and being in fresh pursuit of any deer, hare, or fox already 

 started upon any other land, nor to any person bond fide claiming and 

 exercising any right or reputed right of free warren or free chase, nor to 

 any gamekeeper lawfully appointed within the limits of any free warren 

 or free chase, nor to any lord or any steward of the Crown of any manor, 

 lordship, or royalty, or reputed manor, lordship, or royalty, nor to any 

 gamekeeper lawfully appointed by such lord or steward within the limits 

 of such manor, lordship, or royalty, or reputed manor, lordship, or 

 royalty. 



XXXVI. Game may be taken from trespassers not delivering up the 

 same ivhen demanded. And be it enacted, that when any person shall 

 be found by day or by night upon any land, or in any of his Majesty's 

 forests, parks, chases, or warrens, in search or pursuit of game, and shall 

 then and there have in his possession any game which shall appear to 

 have been recently killed, it shall be lawful for any person having the 

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

 otherwise, as hereinbefore mentioned, or for the occupier of such land 

 (whether there shall or shall not be any such right by reservation or 

 otherwise), or for any gamekeeper or servant or either of them, or for any 

 officer as aforesaid of such forest, park, chase, or warren, or for any person 

 acting by the order and in aid of any of the said several persons, to 

 demand from the person so found such game in his possession, and ia 



