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Northern Irish Legislation

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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.


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© 1862 Crown Copyright

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