Poaching - Definition - Law Dictionary Home Dictionary Definition poaching

Definition :

Poaching, taking name by trespass. Also taking fish, e.g., salmon and trout by illegal methods (see infra).

Trespassing in the daytime in pursuit of 'game'--i.e., hares, pheasants, partridges, grouse, heath or moor game, black game, or bustards--or woodcock, snipe, quails, landrail, or rabbits, is punishable summarily by fine up to 2l., and in case of a trespass by five or more, up to 5l.; the leave of the occupier being no defence if the landlord or other person have by reservation the right to kill the game. [See (English) GAME ACT, 1831, ss. 2, 30]

Unlawfully taking in the night, i.e., between the expiration of the first hour after sunset and the commencement of the first hour before sunrise, 'game,' as above defined, is punishable summarily by imprisonment with hard labour; and any persons, to the number of three or more, by night unlawfully entering lands, for the purpose of taking or destroying any 'game,' as above defined, or rabbits (any of them being armed with any gun or other offensive weapon), are each guilty of a misdemeanour, and liable to penal servitude for any term between seven and three (now five) years, or imprisonment with hard labour for not more than three years; see Night Poaching Act, 1828.

Any constable, in any highway, etc., may search any person whom he may have good cause to suspect of coming from any land where he shall have been unlawfully in search if 'game'--i.e., hares, pheasants, patridges, eggs of pheasants or patridges, woodcock, snipe, rabbits, grouse, black or moor game, or eggs of grouse, black or moor game--and having in his possession any game unlawfully obtained, or any gun, or net for taking game, and may stop and search any cart, etc., in which such constable, etc., shall have good cause to suspect that any such game, etc., is being carried by any such person, and should there be found any game, etc., upon such person, cart, etc., may seize such game, etc., see Stone v. Benstead, (1909) 2 KB 415; and such constable, etc., shall in such case apply to some justice for a summons, citing such person to appear before two justices, by whom the party may on conviction be fined any sum not exceeding 5l. etc., Poaching Prevention Act, 1862. See Aggs on Agricultural Holdings, and Chitty's Statutes, tit. 'Game.'

As to unlawfully taking fish in private water, see (English) Larceny Act, 1861, ss. 24, 25; and (English) Salmon and Fresh Water Fisheries Acts, 1923 to 1935; Chit. Stat. Tit. 'Fish.'