regulations for such hawking are defined in section 2 of 44 & 45 Vict. c. 67, and are as follows:-(1) The amount of petroleum conveyed at any one time in any one carriage shall not exceed twenty gallons. (2) The petroleum shall be conveyed in a closed vessel, so constructed as to be free from leakage. (8) The carriage in which the vessels containing the petroleum are conveyed shall be so ventilated as to prevent any evaporation from the petroleum mixing with the air in or about the carriage in such proportion as to produce, or be liable to produce, an explosive mixture. (4) Fires or lights, or any article of an explosive or highly inflammable nature shall not be brought into or dangerously near the carriage in which the petroleum is conveyed. (5) Such carriage shall be so constructed that the petroleum cannot escape in the form of liquid, whether ignited or otherwise. (6) Proper care shall be taken to prevent any petroleum escaping into any part of a house or building, or into a drain or sewer. (7) The petroleum shall be stored in some premises licensed for keeping petroleum (and in accordance with such license), both every night, and also when the petroleum is not being hawked. (8) Precautions shall be taken for the prevention of accidents by fire or explosion, and for preventing unauthorized persons having access to the vessels containing the petroleum, and every person concerned in hawking the petroleum shall abstain from any act which tends to cause fire or explosion, and is not reasonably necessary for the purpose of such hawking. (9) No article or substance of an explosive or inflammable character other than petroleum, nor any article liable to cause or communicate fire or explosion, shall be in the carriage while such carriage is being used for the hawking of petroleum.

For any contravention of this section the petroleum, together with the vessels containing, and the carriage conveying the same, are liable to be forfeited, and in addition the licensee by whom or by whose servants petroleum was being hawked, shall be liable on summary conviction to a penalty

not exceeding 201. Provided that—(1) Where some servant of the licensee or other person has, in fact, committed the offence, such servant or other person shall be liable to the same penalty as if he were the licensee. (2) Where the licensee is charged with the contravention of this section he shall be entitled upon information duly laid by him to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge, and if the licensee proves to the satisfaction of the court that he had used due diligence to enforce the execution of this section, and that the said other person had committed the offence in question, without his knowledge, consent, or connivance, the said other person shall be summarily convicted of such offence, and the licensee shall be exempt from any penalty.

Power of seizure.-Constables, or any officers authorized by the local authority who have reasonable cause to believe that an infringement of the Act is being committed in relation to any petroleum, may seize and detain such petroleum, and also the vessels and carriage containing the same, until some court of summary jurisdiction has determined whether there was or was not an infringement of the Act. See also section 13 of the Petroleum Act, 34 & 35 Vict. c. 105.

Hawking in boroughs.-The hawking of petroleum within the limits of any municipal borough may be forbidden by any lawful authority.

Poaching.

Under the Poaching Prevention Act (25 & 26 Vict. c. 114) "game" is defined as any one or more hares, pheasants, partridges, eggs of pheasants and partridges, wood-cocks, snipes, rabbits, grouse, black or moor game, and eggs of grouse and black or moor game (section 1).

Section 2 enacts "that it shall be lawful for any constable

or police officer in any county, borough, or place in Great Britain in any highway, street, or public place (a) 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 of 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. Should there be found any game or any such article or thing as aforesaid upon such person, cart, or other conveyance, the constable can seize and detain such game, article, or thing." Penalty 51., and forfei

The constable will be justified in searching a person if he has good cause of suspicion, although it may afterwards turn out his suspicion was unfounded, and no offence under the Act can be proved.

It is not necessary to prove by direct evidence the specific land on which the game was killed or taken (b).

The search is limited to the highway, &c. An actual search is not necessary if the constable sees the game or gun, &c., actually upon the person (c), but there must be a seizure of the gun, net, game, &c., by the constable; "seizure" (according to SMITH, J.) being a necessary condition in order to give the constable a right to apply for a summons. If the game is not seized on the highway the constable has no power to go off the highway for that purpose (d).

(a) Whether a railway platform is a "public place" or not, has not been decided under this statute, but see Ex parte Freesland, under title VAGRANTS, post.

(b) Evans v. Botterill, 33 L. T. 50.

(c) Hall v. Knox, 33 L. T. 1.

(d) Turner v. Morgan, 44 L. T. 161; 23 W. R. 659.

S

A constable has no authority under the Act to seize dogs or ferrets (45 J. P. 198). Whether the constable can seize powder, shot, flasks, &c., see 31 J. P. 47

The Act does not empower a constable to take the persons into custody.

It is not necessary in order to commit a number of defendants found together that a gun, net, game, &c., should be found on each of them (a).

By the provisions of the Act, in cases of conviction, the game, &c., seized by the constabulary is to be sold, and the amount realized to be paid over to the treasurer of the county or borough, or the game, &c., destroyed by order of the justices.

As to killing or taking hares or conies in warrens, see 24 & 25 Vict. c. 96, s. 17 (Larceny Act), EPITOME OF STATUTES, post. See also same Act as to killing or taking deer (section 12), fish (section 24), pigeons (section 23), birds (section 21); and see title LARCENY, ante, as to rooks, &c.; as to eggs of swans, wild ducks, and game birds, see 1 & 2 Will. 4, c. 32, title GAME, ante, p. 191.

Night poaching.-Under 9 Geo. 4, c. 69, night is defined to commence at the expiration of the first hour after sunset, and to conclude the beginning of the last hour before sunrise (section 12).

Game is defined (section 13) as any one or more hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards; and by section 1 of the Act, any person unlawfully taking or destroying any game or rabbits by night in any land open or enclosed (b), or by night unlawfully entering or being on any land (c), whether open or enclosed,

(a) Brown v. Turner, 32 L. J. 106; 27 J. P. 103.

(b) Extended by 7 & 8 Vict. c. 29, to any public road, highway, or path, or the sides thereof, or at the opening, outlets or gates from any such land into any such road, highway, or path.

(c) Where the right to shoot and to the game is reserved to the landlord, the tenant cannot give permission to a person to sport on the

with any gun, net, engine, or other instrument, for the purpose of taking or destroying game, is liable for a first and second offence to imprisonment, and for a third offence is guilty of a misdemeanor. Offenders assaulting or offering violence with gun, cross-bow, fire-arms, bludgeon, stick, club, or any other offensive weapon whatever, to owners or occupiers of land, their gamekeepers, servants or assistants, are guilty of a misdemeanor (section 2). Large stones, if taken by the defendants for the purpose of inflicting bodily injury, come within the meaning of "offensive weapons."

By section 9, persons to the number of three or more together unlawfully by night entering or being on any land, open or enclosed, to take or destroy game or rabbits, any of such persons being armed with gun, cross-bow, fire-arms, bludgeon, or any offensive weapon, are guilty of a misdemeanor. The offence is not triable at sessions.

To support a charge of night poaching by three or more armed (section 9), all the prisoners need not actually enter the land; if all are associated together for one common purpose, and some enter whilst others remain near enough to assist, it is sufficient (d), the land entered may consist of two closes held by different occupiers, and one may be enclosed and the other open (e).

It appears a peace officer may assist such parties as already named in the apprehension of offenders.

The offender must be found upon the land or he cannot be apprehended. The word "found" was held to mean having been seen or discovered (ƒ).

Prosecutions under this Act for offences punishable on summary conviction must be commenced within six months; punishable otherwise for offences within twelve months from the commission of the offence.

land (Pryce v. Davies, 35 J. P. 374), but see now "Ground Game Act, 1880," title GAME, ante.

(d) R. v. Whittaker, 17 L. T. 127; 12 J. P. 612.

(e) R. v. Huggell, 20 L. J. 192.

(f) Attorney-General v. Delano, 1 Price, 383.