§ MR. CONYBEARE (Cornwall, Camborne)I beg to ask the Secretary of State for the Home Department if his attention has been called to the circumstances under which Messrs. T. R. Polwhele, E. S. Carus Wilson, G. J. Smith, and J. Hitchins, sitting at the West Powder Petty Session on the 26th November fined Thomas Willoughby and Richard Hore 5s. and 12s. 8d. costs each, and Frank Willoughby 6d. and 11s. 8d. costs, and also, forfeited a gun and gun licence belonging to the same on the charge of being in pursuit of game; whether he is aware that the defendants pleaded ignorance of the law, stating that they had a gun licence and thought they were entitled to shoot a rabbit; and whether, under the circumstances, and considering the fines imposed, he will direct that the gun and gun licence shall be returned to them?
§ THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. ASQUITH, Fife, E.)The facts as stated by my hon. Friend appear to be correct. The defendants raised the plea of ignorance of the law, but in Section I of the Poaching Prevention Act, under which these proceedings were taken, "game" is defined as including rabbits. The forfeiture of the gun follows necessarily on the conviction, the Magistrates having no 1759 discretion in the matter. I am not aware of any statutory provision which authorises the Magistrates in such a case to forfeit a gun licence, and I am in communication with them on the subject.
§ MR. CONYBEAREI have another question on the Paper relative to this matter. I understand the right hon. Gentleman will answer that at a subsequent date.
§ MR. ASQUITHOn Thursday.