Practical Game-Preserving. 406 



there, and secure a conviction. It is customary, however, 

 to have an understanding with the other owner upon the 

 subject ; but in cases where for some reason or other the 

 owner of adjoining land is indifferent upon the subject, 

 or, possibly, even opposed to game-preservation, the game- 

 keeper is perfectly able to prevent such land from being 

 made an opportunity for indirect or direct interference with 

 his own charge. 



It is in connection with night poaching that the game- 

 keeper is vested with his largest powers, which naturally 

 add greatly to his responsibilities. Here it is that his 

 powers of arrest are largest, but even then there is a re- 

 striction, and a very important one at that. It will be 

 made clearest probably by stating that the power to 

 arrest is only vested in a gamekeeper whose master is the 

 owner or the occupier of the land. It follows that the 

 shooting tenant 's, or any other person's except the owner's 

 or occupier's, keeper does not possess and must not 

 exercise this right as regards night poaching, although he 

 may exercise the right in regard to an indictable offence 

 committed between 9 a.m. and 6 p.m. of the daytime. 

 Furthermore, the right of arrest as possessed by the 

 owner's or occupier's keeper is also limited. He must 

 not lie in wait for suspected poachers going to or coming 

 from his land ; he must not exercise his power of arrest 

 upon land where there is no game, except rabbits, unless 

 the poachers are actually engaged in taking rabbits, or 

 if they be three or more in number, nor if the land upon 

 which they may be is a warren. A gamekeeper possesses 

 no right to search night poachers, nor to seize their guns. 



With the exception of the limitations above set out, the 

 gamekeeper possesses the right of arrest of night poachers, 

 provided they be three or more in number, if upon the 

 land for the purpose of taking rabbits or game, or less 



