Administration of the Game Laws.
But bad as are the Game Laws in essence, the manner in which they are administered makes them far worse and more hateful. It is notorious that a large number of Justices of the Peace are game preservers. The people who break the Game Laws almost all belong to one class, the people who sit in judgment on them almost all belong to another and hostile class. The effect of this arrangement is made very clear by the following questions and answers:—
When Mr. J. S. Nowlson was asked by a Select Committee of the House of Commons, “Do game preservers ever act as magistrates in cases of offences against the Game Laws?” he replied, “Yes, but not in their own cases. For instance, if A has got a case B will take it, and if B has got a case A will take it.” Again, “In case a man was brought up for an offence against the Game Laws, and there was a certain amount of evidence given, do you think he would stand a greater chance of conviction than if it were an offence against some other law?” Reply: “We do consider so.”
Everybody acquainted with agricultural labourers is aware that a strong feeling prevails among them that justice is not to be expected in cases of offence against the Game Laws. A House of Commons Committee reported that “very few of the Game Law convictions are regular in point of form, and they would have to be set aside had they gone before the Judges.” It was a common occurrence for justices to sentence poachers to longer terms of imprisonment than the law allowed. For this and other reasons the Home Office has liberated a vastly greater proportion of offenders against the Game Laws than of any other class of offenders. An impartial observer might be excused for thinking that the penalties for poaching are high enough to satisfy the most exacting. For instance, the penalty for trespass in pursuit of game in the daytime is a fine of two pounds with imprisonment in default, and if the offence be committed by a party of five or more the penalty is five pounds each with imprisonment in default. In the case of night poaching, the penalty for a first offence is three months’ imprisonment with hard labour, and at the expiration of that period the offender is compelled to find sureties for his good behaviour for a year, or undergo a further imprisonment for six months with hard labour. For a second offence the penalty is six months’ imprisonment with hard labour, and at the end of that time the offender must find sureties for his good behaviour for two years or undergo a further twelve months’ imprisonment with hard labour. For a third offence the penalty is seven years’ penal servitude. But this is not all. If a party of three or more enter land at night for the purpose of taking game or rabbits, and if any of the party be armed with gun, crossbow, firearms, bludgeons, or any offensive weapon, each and everyone of such persons shall be liable to penal servitude for fourteen years.
Yet there are persons who think that those laws are not severe enough. A witness, for instance, before that Select Committee cheerfully proposed that poaching be made felony all round. It is needless to say that the harshness, or rather barbarity, of the punishment in store for them renders poachers but little inclined to yield themselves up when they find themselves confronted by gamekeepers. This accounts for much of the bloodshed of which we read in connection with poaching. It also accounts for much of the sympathy which is felt for poachers by all classes of the population except game preservers and their agents.