446 THE GAME PRESERVER'S GUIDE. 



or confession of the offence, or upon other legal evidence, forfeit and pay 

 such sum of money, not exceeding five pounds, as to the said justice 

 shall seem meet, together with the expenses of process. Provided 

 always, that any person charged with any such trespass shall be at 

 liberty to prove, by way of defence, any matter which should have been 

 a defence to an action at law for such trespass. 



II. Such trespassers may be required to quit the land, and to give 

 their names and abodes; and in case of refusal may be arrested. 

 Penalty. Party arrested must be discharged, unless brought before a 

 justice within 12 hours. And be it enacted, that where any person shall 

 be trespassing on any land, in the day-time, in search or pursuit of game, 

 or woodcocks, snipes, quails, landrails, w;ld ducks, or conies, it shall be 

 lawful for any person having the right of killing the game upon such 

 land, or for the occupier of the land, or for any gamekeeper or servant of 

 either of them, or for any person authorized by either of them, to require 

 the person so trespassing forthwith to quit the land whereon he shall be 

 so trespassing, and also to tell his Christian name, surname, and place 

 of abode ; and in case such person shall, after being so required, offend by 

 refusing to tell his real name or place of abode, or by giving such a general 

 description of his place of abode as shall be illusory for the purpose of 

 discovery, or by wilfully continuing or returning upon the land, it shall 

 "be lawful for the party so requiring as aforesaid, and also for any person 

 acting by his order and in his aid, to apprehend such offender, and to 

 convey him, or cause him to be conveyed, as soon as conveniently may 

 be, before a justice of the peace ; and such offender (whether so ap- 

 prehended or not), upon being summarily convicted of any such offence 

 before a justice of the peace, at the instance of the owner or occupier 

 of such land, or of the procurator fiscal for the county, on proof on oath by 

 one or more credible witness or witnesses, or confession of the offence, or 

 upon other legal evidence, shall forfeit and pay such sum of money, not ex- 

 ceeding five pounds, as to the convicting justice shall seem meet, together 

 with expenses of process: provided always, that no person so apprehended 

 shall on any pretence whatsoever be detained for a longer period than 

 twelve hours from the time of his apprehension until he shall be brought 

 before some justice of the peace ; and that if he cannot, on account of the 

 absence or distance of the residence of any such justice of the peace, or 

 owing to any other reasonable cause, be brought before a justice of the 

 peace within such twelve hours as aforesaid, then the person so appre- 

 hended shall be discharged at the end of that time, but may nevertheless 

 be proceeded against for his offence by summons or warrant, according to 

 the provisions herein-after mentioned, as if no such apprehension had 

 taken place. 



III. What to be deemed day-time. And be it enacted, that for the 

 purposes of this act the day-time shall be deemed to commence at the 

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

 of the first hour after sunset. 



IV. The provisions as to trespassers not to apply to persons hunt- 

 ing, &c. 



V. Game may be taken from trespassers not delivering up the same 

 when demanded. 



