While, therefore, we consider it just that game should be protected
otherwise than by the law of trespass, we would not have the
penalty made, in isolated cases, a harsh one. A trespass in pursuit
of game should, we think, be punished in the first instance by a
fine, not so high as to leave the labourer no other alternative
than the jail, or so low as to make the payment of it a matter of
no importance. Let Giles, who has intromitted with a pheasant, be
mulcted in a week's wages, and let him, at the same time, distinctly
understand the nature and the end of the career in which he has
made the incipient step. Show him that an offence, however venial,
becomes materially aggravated by repetition; for it then assumes
the character of a daring and wilful defiance of the laws of the
realm. For the second of offence mulct him still, but higher, and
let the warning be more solemnly repeated. These penalties might be
inflicted by a single justice of the peace. But if Giles offends
a third time, his case becomes far more serious, and he should be
remitted to a higher tribunal. It is now almost clear that he has
become a confirmed poacher, and determined breaker of the laws--it
is more than likely that money is his object. Leniency has been
tried without success, and it is now necessary to show him that the
law will not be braved with impunity. Three months' imprisonment,
with hard labour, should be inflicted for the purpose of reclaiming
him; and if, after emerging from prison, he should again offend, let
him forthwith be removed from the country.
Public-domain text, read in full here on John Shaqi.
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