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POACHING PREVENTION ACT 1862

POACHING PREVENTION ACT 1862 - LONG TITLE

An Act for the Prevention of Poaching.{1}
[7th August 1862]
Preamble rep. by SLR 1893

POACHING PREVENTION ACT 1862 - SECT 1
Interpretation of terms.

1. The word "game" in this Act shall for all the purposes of this
Act be deemed to include any one or more hares, pheasants,
partridges, eggs of pheasants and partridges, woodcocks, snipes,
rabbits, grouse, black or moor game, and eggs of grouse, black or
moor game; and the words "justice" and "justices" in this Act
shall, unless otherwise provided for, mean respectively a justice and
justices of the peace respectively ... for the ... place in which
any game, gun, part of gun, net, snare, or engine after mentioned
shall be found.

POACHING PREVENTION ACT 1862 - SECT 2
Power to constables to search persons, &c., in certain cases.

2. It shall be lawful for any constable or peace officer in any
county, borough, or place in ... Ireland, in any highway, street,
or public place, to search any person whom he may have good cause
to suspect of coming from any land where he shall have been
unlawfully in search or pursuit of game, or any person aiding or
abetting such person, and having in his possession any game
unlawfully obtained, or any gun, part of gun, or nets or engines
used for the killing or taking game,and also to stop and search
any cart or other conveyance in or upon which such constable or
peace officer shall have good cause to suspect that any such game
or any such article or thing is being carried by any such person,
and should there be found any game or any such article or thing
as aforesaid upon such person, cart, or other conveyance, to seize
and detain such game, article, or thing; and such constable or
peace officer shall in such case apply to some justice of the
peace for a summons citing such person to appear before two
justices of the peace assembled in petty sessions, as provided in
the [Criminal Justice Act, 1855], section nine, as far as regards
... Ireland, ...; and if such person shall have obtained such game
by unlawfully going on any land in search or pursuit of game, or
shall have used any such article or thing as aforesid for
unlawfully killing or taking game, or shall have been accessory
thereto, such person shall, on being convicted thereof, forfeit and
pay any sum not exceeding [#50], and shall forfeit such game, guns,
parts of guns, nets, and engines; and the justices shall direct the
same to be sold or destroyed, and the proceeds of such sale, with
the amount of the penalty, to be paid [into the Exchequer]; and no
person who, by direction of a justice in writing, shall sell any
game so seized shall be liable to any penalty for such sale; and
if no conviction takes place, the game or any such article or
thing as aforesaid, or the value thereof, shall be restored to the
person from whom it had been seized.

POACHING PREVENTION ACT 1862 - SECT 3
Recovery of penalties.

3. Any penalty under this Act shall be recovered and enforced ...
in Ireland under the Petty Sessions, Ireland, Act, 1851, when not
otherwise directed in this Act.

POACHING PREVENTION ACT 1862 - SECT 4
Provisions of 1848 c.43 extended to this Act.

4. The powers and provisions of the Summary Jurisdiction Act, 1848,
shall extend and apply to this Act, and to all proceedings,
matters, and things to be taken, had, and done, and to all persons
to be proceeded against or taking proceedings under this Act.

S.5 rep. by SL(R) 1976. S.6 rep. by SLR (NI) 1954