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GAME PRESERVATION ACT (NORTHERN IRELAND) 1928

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - LONG TITLE

An Act to make further provision for the preservation of game, and
for the regulation of the sale of game, in Northern Ireland.{1}
[18th December 1928]
Amendment of s.15 of 1836 c.13

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 1

1. Any officer or constable of the Royal Ulster Constabulary (in
this Act referred to as an "officer or constable") may enforce the
Acts relating to the laws for the preservation of game,
notwithstanding anything in section fifteen of the Constabulary
(Ireland) Act, 1836, as it applies to the said Constabulary:

Provided that no officer or constable shall enter upon any lands
for the purpose of enforcing the game rights of any owner or
occupier of such lands, or of any person in whom the game rights
over such lands are vested.

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 2
Powers of Constabulary to demand production of game licences, search
for game, and enter upon lands.

2.(1) If any officer or constable has reasonable ground to suspect
that any person is or has been unlawfully in pursuit of any
game.... such officer or constable may demand from such person the
production of a [licence] to take or kill game granted to such
person....

(2) If any such person fails to produce such [licence] to take or
kill game, and permit such officer or constable to read the same,
it shall be lawful for such officer or constable to require such
person to declare to him immediately his name and place of
residence, and to search such person and any game bag, package,
vehicle, or other thing, which is capable of being used by such
person for the carrying of game, and to search any premises on
which such person shall be found; and if such person refuses to
declare his name and place of residence as aforesaid, or gives a
false or fictitious name or place of residence, or if such person
refuses to allow such officer or constable to make the aforesaid
search, he shall, in addition to any other punishment to which he
may be subject, be guilty of an offence under this Act.

It shall be lawful for such officer or constable to arrest such
person so refusing, and to convey him before any justice of the
peace having jurisdiction at the place where the offence has been
committed, and such justice may hold the person so arrested to
bail, with one or more sufficient sureties, at the discretion of
the justice, to appear before the next court of summary jurisdiction
to be held for the district within which such offence has been
committed: Provided that if any person so arrested and detained is
unwilling or unable to give such bail as aforesaid, the justice
before whom he is brought may commit him to gaol by warrant to be
imprisoned by the keeper of the gaol until the next court of
summary jurisdiction to be held for the district within which such
offence has been committed, or until such person gives such bail as
aforesaid (whichever shall first happen), and the said keeper shall,
if bail has not been so given, bring such person before the said
court of summary jurisdiction.

(3) It shall be lawful for any officer or constable to enter (if
need be, by force), and remain so long as may be necessary, upon
any lands or premises for the purpose of making the demand or
search referred to in this section.

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 3
Register to be kept by holder of licence to deal in game.

3.(1) From and after the commencement of this section every holder
of a licence to deal in game ..., shall keep or cause to be kept
in the premises specified therein a register, in the prescribed
form, of all purchases, receipts, sales, and disposals in any
manner, of game by him, and shall enter or cause to be entered in
such register forthwith the prescribed particulars (which shall not
include any particulars as to price) of such purchases, receipts,
sales and disposals.

(2) Any person authorised in that behalf by the Ministry of Home
Affairs, and any member of the Royal Ulster Constabulary of a rank
not lower than sergeant, may inspect any register kept in pursuance
of this section; and it shall be the duty of the licence-holder
and of every person keeping such register to produce for inspection
by such authorised person or member of the Royal Ulster Constabulary
such register, and also all game on the premises, together with all
invoices, consignment notes, receipts, and other documents (including
copies thereof where the originals are not available) which may be
required to verify any entry in such register, and to allow such
authorised person or member of the Royal Ulster Constabulary to take
copies of such register or documents or extracts therefrom.

(3) Any holder of a licence to deal in game who fails to comply
with any provision of this section, and any person who obstructs
any person entitled under this section to inspect any register or
document in the making of such inspection, or who wilfully or
negligently makes or causes to be made in such register any entry
which is false or misleading in any material particular, shall be
guilty of an offence under this Act.

Subs.(4) rep. by 1953 c.24 (NI) s.80 sch.4

(5) For the purposes of this section

(a)the expression "prescribed" means prescribed by the Ministry of
Home Affairs;

(b)a demand for inspection of a register or other document shall be
deemed to have been duly made to the licence-holder if such demand
is made verbally on the premises of the licence-holder to any
agent, employee, servant, or member of the family of, the
licence-holder thereon.

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 4
Extension of definition of game.

4.(1) The Game Act, 1831ffect as if in section two thereof the
word "game" included woodcock and snipe, in addition to other
species of game mentioned in the said section;...

Subs.(2) rep. by 1953 c.24 (NI) s.80 sch.4

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 5
Marking of packages containing game.

5.(1) From and after the commencement of this section every package
containing game in course of transit in Northern Ireland shall be
marked conspicuously on the outside with the word "game," and shall
have also marked thereon or on a label affixed thereto the name
and address of the consignor thereof.

(2) Where any package containing game is not marked in the manner
required by this section, any person

(a)sending or consigning such package for transit in Northern
Ireland;

(b)carrying such package in Northern Ireland for reward, except in a
case where such person proves that he did not know or could not
reasonably have known that such package contained game;

Powers of police to enforce enactments relating to game.

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 6

6.(1) Every officer or constable who has reasonable ground to
suspect that any person is or has been guilty of an offence under
this Act, or under any of the enactments enumerated in the Schedule
to this Act, shall have power to do all or any of the following
things, that is to say:

(a)To stop and search any person conveying or believed to be
conveying game, and to inspect any game which such person is found
to be conveying, and for that purpose to open and search any
vehicle or package in which such game is or may be or is believed
to be conveyed;

(b)At all reasonable times to enter upon and have free access to
the interior of

(i)any premises in which game is or is believed to be sold, or
kept, exposed, or stored for sale; or

(ii)the premises of any person engaged in the business of carrying
goods for reward; or

<(iii)any pier, quay, wharf, jetty, dock or dock premises; or

<(iv)any ship, boat, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods;

(c)To examine all game found in any place which he is authorised
by this section to enter, and for that purpose to open any package
found in such place and containing or believed to contain game;

(d)To take, remove, and detain in his custody any game (either
together with or without any package in which the same may be
contained) found in the course of the exercise of any of the
powers conferred by this section, in respect of which an offence
under this Act or any of the enactments enumerated in the Schedule
to this Act is being or is suspected of being committed, or which
has been or is suspected of having been illegally obtained;

(e)To demand and take the name and address of the person having
custody of any game, and also to demand and take from such person
the name and address of the owner or consignor of such game.

[(2) Where any officer or constable takes and detains in his
custody any game under the authority of paragraph (d) or any
instrument under the authority of paragraph (dd) of the preceding
sub-section, he shall as soon as conveniently may be take such
steps as may be proper to have the person guilty or believed to
be guilty of the offence committed, or believed to have been
committed, in relation to or by means of the game or instrument so
taken and detained, brought before a court of summary jurisdiction;
and where that person is convicted of any offence in respect of
the game or instrument so taken and detained, the court may,
subject, in relation to game, to the provisions of the next
succeeding sub-section, order such game or instrument to be sold or
destroyed.]

[(2A) Where any officer or constable takes and detains in his
custody any game under the authority of paragraph (d) of sub-section
(1) of this section, he shall as soon as conveniently may be,
unless such game has previously been dealt with under the last
preceding sub-section, produce it to a justice of the peace, who
may authorise it to be sold or destroyed. If no person is
convicted of an offence in respect of such game, that game, or the
proceeds of the sale thereof authorised as aforesaid, shall be
restored, or paid, to the person from whom such game was seized;
and an officer or constable who, by direction of a justice given
in writing, sells or destroys any game so seized as aforesaid shall
not be liable to any penalty in respect of such sale, or for any
loss caused by such sale or destruction.

(2B) Where a person is convicted of an offence in respect of any
game or instrument sold under sub-section (2) or sub-section (2A) of
this section, the proceeds of such sale shall be added to and
dealt with in the same manner as any penalty imposed for such
offence.]

(3) No officer or constable shall be liable for any loss or damage
occasioned by or in the course of the exercise of any of the
powers conferred on him by this section, unless such loss or damage
was caused by such officer or constable wantonly or maliciously.

(4) Every person who obstructs or impedes any officer or constable
in the exercise of any of the powers conferred on him by this
section, or refuses to give his own name and address, or the name
and address (so far as known to him) of the owner or consignor of
any game, when such name and address are demanded under the powers
conferred by paragraph (e) of sub-section (1) of this section, shall
be guilty of an offence under this Act.[

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 7
Close seasons.

7.(1) Subject to the provisions of the next succeeding sub-section,
it shall be unlawful for any person wilfully to take, kill or
destroy

(a)any hare during the period commencing on the first day of
February in any year and ending with the eleventh day of August
next following;

(b)any grouse during the period commencing on the first day of
December in any year and ending with the eleventh day of August
next following;

(c)any game-bird other than a grouse during the period commencing on
the first day of February in any year and ending with the
thirtieth day of September next following;

(2) Nothing in the preceding sub-section shall render unlawful the
pursuing and killing of hares during the period commencing on the
first day of February in any year and ending with the thirty-first
day of March next following

(a)by hunting with beagles or other hounds; or

(b)by coursing with greyhounds at a meeting organised by a coursing
club.

(3) The Minister of Home Affairs (in this Act referred to as "the
Minister") may by order vary any period referred to in either of
the preceding sub-sections.

(4) It shall be unlawful for any person to buy or sell any game
at any time during the close season except during the first five
days thereof:

Provided that any hare killed at a meeting to which sub-section (2)
of this section applies may lawfully be bought and sold at any
time before the sixth day of April.

Subs.(5) amends s.4 of 1831 c.32

(6) Any person who acts in contravention of any of the provisions
of sub-section (1) or sub-section (4) of this section shall be
guilty of an offence under this Act.][

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 7A
Absolute protection of game and rabbits.

7A.Subject to the provisions of this section it shall be unlawful
for any person to kill, take or destroy any game, or by means of
any firearm any rabbit, on Sunday or during the period commencing
one hour after sunset on any day and ending one hour before
sunrise on the next: Provided that this section shall not render
unlawful the shooting of rabbits on any agricultural land at any
time by an occupier of that land or by any person resident with
or employed by him. Any person who acts in contravention of this
section shall be guilty of an offence under this Act.][

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 7B
Protection of nests and eggs.

7B.(1) Subject to the provisions of the succeeding sub-section, it
shall be unlawful for any person at any time to take, destroy or
molest the nest or eggs of any game-bird.

(2) The owner or occupier of any land desirous of taking on land
occupied by him the eggs of pheasants or partridges for the purpose
of having them hatched out may apply in writing to the district
inspector of the Royal Ulster Constabulary for the district wherein
that land is situate; and such district inspector, if satisfied that
the eggs are to be used for that purpose only, may in writing
under his hand authorise that person to take such eggs, subject to
such conditions as may be specified in the authority; and the
taking of any eggs under and in accordance with the conditions of
such an authority shall not be a contravention of the preceding
sub-section.

(3) Any person who acts in contravention of any of the provisions
of this section shall be guilty of an offence under this Act.][

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 7C
Special protection of game.

7C.(1) Where the Minister is satisfied that it is necessary or
expedient to provide special protection for any kind of game, he
may by order prohibit the killing or taking, or the sale or
purchase, of game of any kind prescribed by the order, during such
period not exceeding one year as shall be so prescribed.

(2) Where the Minister is satisfied that it is necessary or
expedient for the purpose of preventing disease, he may by order
prohibit the importation into Northern Ireland of game-birds of any
kind, during such period not exceeding one year as shall be
prescribed by the order.][

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 7D
Prohibition of the use of traps, etc.

7D.(1) Subject to the succeeding provisions of this section, it
shall not be lawful for any person

(a)to kill or take any game by means of any trap, snare or net;

(b)to set in any place any trap, snare or net for killing or
taking game;

(c)to set any trap, snare or net in any place frequented by game;

(d)to set elsewhere than in a rabbit-hole any spring trap for the
taking of rabbits; or

(e)to employ for the killing of rabbits poison other than hydrogen
cyanide or any gas issuing from the exhaust pipe of an internal
combustion engine.

(2) Nothing in the preceding sub-section shall render unlawful the
setting by an occupier of land of snares or nets or, subject to
the provisions of paragraph (d) of that sub-section, of traps for
the taking of rabbits on the land occupied by him.

(3) The owner or occupier of any land who is desirous of taking
alive thereon by means of nets pheasants, partridge or hares for
the purpose only of increasing the number or improving the quality
of the pheasants, partridge or hares on such land, may apply in
writing to the district inspector of the Royal Ulster Constabulary
for the district wherein such land is situate; and such district
inspector, if satisfied that any game so taken is intended to be
used for that purpose only, may in writing under his hand authorise
such owner or occupier so to take such pheasants, partridge or
hares, at any time subject to such conditions as may be specified
in the authority; and the taking of game under and in accordance
with the conditions of such an authority shall not be deemed to be
a contravention of sub-section (1) of this section.

(4) An officer, member or agent of a coursing club desirous of
taking hares alive by means of nets for the purposes of the club,
and authorised in writing in that behalf, may apply in writing to
a district inspector of the Royal Ulster Constabulary and such
district inspector, if satisfied that any hares so taken are
intended to be used by that club for those purposes only, may in
writing under his hand authorise such officer, member or agent so
to take hares, at any time except during the close season, within
the district in which such district inspector has authority, subject
to such conditions as may be specified in the authority; and the
taking of hares under and in accordance with the conditions of any
such authority shall not be a contravention of sub-section (1) of
this section.

(5) Any person who acts in contravention of any of the provisions
of this section shall be guilty of an offence under this Act.][

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 7E
Prohibition of destruction of cover for game.

7E.It shall be unlawful for any person to burn or otherwise
destroy, during the period commencing on the fifteenth day of March
in any year and ending with the fifteenth day of July next
following, any gorse, furze, whin, heath, ling or fern growing on
any mountain, moor, heath, bog or other uncultivated land; and any
person who acts in contravention of this section shall be guilty of
an offence under this Act:

Provided that it shall be good defence for a person charged with
an offence by virtue of this section to prove that the burning or
destruction in respect of which he is so charged was carried out
in the ordinary course of farming in accordance with the rules of
good husbandry.][

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 7F
Orders of the Minister.

7F.(1) The Minister may make orders for the purposes of this Act;
and an order so made may contain such consequential and incidental
provisions as appear to the Minister to be necessary or expedient.

(2) An order made under this Act shall remain in force during the
period specified in the order, but may be renewed by a further
order made before the expiration of such period.

(3) An order made under this Act may be made as respects the
whole of Northern Ireland or any part or parts thereof which may
be specified in the order.

(4) Every order made under this Act shall be published in the
Belfast Gazette and in such other manner as the Minister may
direct.

(5) The Minister, where he proposes to make an order under this
Act, shall cause to be published in the Belfast Gazette, and in
such other manner as he may think desirable, notice of the proposal
and of the purport of the proposed order. Such notice shall specify
a time within which objections to the proposal may be lodged with
the Minister; and where any such objections are duly lodged the
Minister shall take them into consideration.

(6) Any person who acts in contravention of or fails to comply
with any provision of an order made under this Act shall be guilty
of an offence under this Act.]

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 8
Penalties and legal proceedings.

8.(1) Any person guilty of an offence under this Act shall be
liable, on summary conviction thereof, in the case of a first
offence to a fine not exceeding ten pounds, and in the case of a
second or subsequent offence to a fine not exceeding twenty-five
pounds, or at the discretion of the court to imprisonment for any
term not exceeding three months, or to both such fine and
imprisonment.

(2) All offences under this Act shall be prosecuted and all fines
thereunder shall be recovered in manner provided by the Summary
Jurisdiction (Ireland) Acts, notwithstanding anything contained in
section forty-two of the Petty Sessions (Ireland) Act, 1851, or any
similar enactment.

Subs.(3)(4) rep. by 1951 c.4 (NI) s.5(3) sch.

(5) When any person is charged with an offence other than an
indictable offence under any of the enactments enumerated in the
Schedule to this Act on the information or complaint of an officer
or constable, such officer or constable may, where he considers it
expedient to do so, prosecute such offence in the same manner as
is provided in sub-section (2) of this section with respect to
offences under this Act, notwithstanding that the Summary Jurisdiction
(Ireland) Acts would not, apart from this Act, extend to such
information or complaint.

Subs.(6) rep. by 1951 c.4 (NI) s.5(3) sch.

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 9

9. Commencement.

GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 10
Short title and construction.

10.(1) This Act may be cited as the Game Preservation Act (Northern
Ireland), 1928.

[(2) In this Act, unless the context otherwise requires, the
expression

"contravention", in relation to any provision, includes failure to
comply with that provision;

"coursing club" means an association or body of persons, whether
corporate or unincorporate, having for its object the promotion of
the coursing of hares with greyhounds at organised meetings, and
recognised as such by the Minister of Home Affairs;

"game" has the meaning assigned to that expression in section two
of the Game Act, 1831, and the expression "game-bird" shall be
construed accordingly;

"prescribed" means prescribed by an order made under this Act.]

Subs.(3)(4) subst. by 1951 c.4 (NI) s.4(2) which was rep. by 1954
c.33 (NI) s.48(1) sch.$$#

FINANCE (NO. 2) ACT (NORTHERN IRELAND) 1928

FINANCE (NO. 2) ACT (NORTHERN IRELAND) 1928 - LONG TITLE

An Act to grant a stamp duty upon certain bankers' licences, and
to amend the law relating to stamp duty and a duty of Excise.
[18th December 1928]
The Act ceased to have effect as from 1st August 1970, except in
so far as the Schedule is required for the purposes of the
definition of "licensed bank" in section 22(1) of the Prevention of
Fraud (Investments) Act (NI) 1940 (see s.7(2) Finance Act (NI) 1970)