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Night Poaching Act 1828

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Night Poaching Act 1828

1828 CHAPTER 69

An Act for the more effectual Prevention of Persons going armed by Night for the Destruction of Game.

[19th July 1828]

WHEREAS an Act was passed in the Fifty-seventh Year of the Reign of His late Majesty King George the Third, intituled An Act for Prevention of Persons going armed by Night for the Destruction of Game ; and for repealing an Act made in the last Session of Parliament, relating to Rogues and Vagabonds: And whereas the Practice of going out by Night for the Purpose of destroying Game has nevertheless very much increased of late Years, and has in very many Instances led to the Commission of Murder, and of other grievous Offences; and it is expedient to repeal the said recited Act, and to make more effectual Provisions than now by Law exist for repressing such Practice : May it please Your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said recited Act shall be and the same is hereby repealed, except so far as the same repeals any other Acts; and if any Person shall, after the passing of this Act, by Night, unlawfully take or destroy any Game or Rabbits in any Land, whether open or inclosed, or shall by Night unlawfully enter or be in any Land, whether open or inclosed, with any Gun, Net, Engine, or other Instrument, for the Purpose of taking or destroying Game, such Offender shall, upon Conviction thereof before Two Justices of the Peace, be committed for the First Offence to the Common Gaol or House of Correction for any Period not exceeding Three Calendar Months, there to be kept to hard Labour, and at the Expiration of such Period shall find Sureties by Recognizance, or in Scotland by Bond of Caution, himself in Ten Pounds, and Two Sureties in Five Pounds each, or One Surety in Ten Pounds, for his not so offending again for the Space of One Year next following; and in case of not finding such Sureties, shall be further imprisoned and kept to hard Labour for the Space of Six Calendar Months, unless such Sureties are sooner found; and in case such Person shall so offend a Second Time, and shall be thereof convicted before Two Justices of the Peace, he shall be committed to the Common Gaol or House of Correction for any Period not exceeding Six Calendar Months, there to be kept to hard Labour, and at the Expiration of such Period shall find Sureties by Recognizance, or Bond as aforesaid, himself in Twenty Pounds, and Two Sureties in Ten Pounds each, or One Surety in Twenty Pounds, for his not so offending again for the Space of Two Years next following; and in case of not finding such Sureties, shall be further imprisoned and kept to hard Labour for the Space of One Year, unless such Sureties are sooner found; and in case such Person shall so offend a Third Time, he shall be guilty of a Misdemeanor, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond Seas for Seven Years, or to be imprisoned and kept to hard Labour in the Common Gaol or House of Correction for any Term not exceeding Two Years; and in Scotland, if any Person shall so offend a First, Second, or Third Time, he shall be liable to be punished in like Manner as is hereby provided in each Case.

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