PUBLIC RECORD OFFICE
Reference :-
C.O.8
.885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
NORTH AMERICAN COLONIES.
No. 3.
Earlwure in No. 8.
Preamble.
Act 32 Vict.
. 5 repealed. Partridge, Alipe, de, not
tween 25th
B
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
No. 3.
NEWFOUNDLAND.
Copy of a DESPATCH from Governor HILL, C.B., to the Earl of KIMBERLEY. (No. 71.) MY LORD,
Government House, Newfoundland,
8th October, 1870.
I. I have had the honour to receive your Lordship's Circular, 2nd August, 1870, relative to the desire of Her Majesty's Government to obtain information as to the laws in force in the Colonies as to Trespass, and also as to the Preservation of Game, and requesting to be furnished with copies of any enactments in force in the Colony of Newfoundland.
2. I beg to forward, for your Lordship's information, a printed copy of "An Act to "amend and consolidate the Game Laws." The Act has very lately passed the local Legislature, has received the sanction of the Crown, and is sufficiently explicit as to render any remarks of mine thereon unnecessary. I may, however, remark that the Act in question contains no provision as to trespasses committed in pursuit of game, &c., &c.
I have, &c.,
STEPHEN J. HILL,
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
(Signed)
Enclosure in No. 3.
No. VII.
ANNO TRICESIMO TERTIO VICTORIA REGINE.
As ACT to Repeal an Act passed in the thirty-second year of the Reign of Her present Majesty, entitled An Act to amend and consolidate the Game Laws," and to make other provisions in lieu thereof.
Section
1. Act 32 Vict. e. 5, rupealed.
2. Partridge, mipe, de, not to be killed between 25th January and 1st September.
3. Wikl rabbits or hares not to be killed between the 1st day
of March and 1st day of September.
4. Ler not to be killed between the 1st day of March and
15th of July.
5. Eggs of wild birds not to be destroyed.
6. Birds and animals mentioned in this Act are declared to
be game.
7. Penalty.
Section
[Passed 9th May, 1870.]
8. Imported harve, &c., not to be killed for five years, except
in Central District. Proviso,
9.
Firearms on Sunday unlawful except a traveller on a
journey.
10. Possession of game killed out of season unlawful.
11. Constable empowered to search.
12. Search warrant.
12.
13. Married women liable.
14. Penalty on resisting constable,
15. Killing deer by slipe, dead falls, traps, &c., prohibited.
16. Offences against Act, how punisbold."
17. Act not to extend to poor settlers.
WHEREAS it is expedient to repeal an Act passed in the thirty-second year of the reign of Her present Majesty, intituled “An Act to amend and consolidate the Game Laws," and to make other provision in lieu thereof:
Be it therefore enacted, by the Governor, Legislative Council, and Assembly, in legis- lative session convened as follows:
I. That the said recited Act shall be and the same is hereby repealed.
II. That no person shall hunt, kill, take, purchase, sell, barter, or give away, any
to be killed be- ptarmigan, grouse, partridge, snipe, blackbird, or any other wild or migratory bird
(except wild geese) within this Colony or its dependencies, from the twenty-fifth day of January until the first day of September, in any year.
Jan. and 1st
September.
Wild rabbits
or hares not to
be killed be
tween the 1st
III. That no person shall hunt, kill, take, purchase, sell, barter, or give away, any wild rabbit or hare, within this Colony and its dependencies, from the first day of
day of March March to the first day of September, in any year.
and 1st day of
IV. No person shall kill or destroy any deer, within this Colony, from the first day Heptember of March until the fifteenth day of July, in any year.
not to
be Killed be
tween the 1st
V. No eggs of any kind of birds before mentioned shall be taken or destroyed at any
day of March time, under a penalty not exceeding twenty-five dollars.
and 15th day VI. For the purposes of this Act, all the birds and animals before mentioned are
Eof wild hereby declared to be game.
of July.
birds not to be
destroyed. VII. Any person who shall be found at any time hunting for game within the periods Tired mentioned in the second and third sections, shall be liable to a penalty not exceeding tioned in this twenty-five dollars.
animals -
Act are de clared to b
watne.
Penalty
VIII. During the period of five years from the future importation of any hares, quails, or other game; into this island, it shall not be lawful for any person to hunt, také, kill,
AND ALSO AS TO PRESERVATION OF GAME.
7
NORTH AMERICAN COLONIES.
Imported hares, &e.. n to be killed for
or carry them away, or any of their progeny, except in the Central District, under a penalty not exceeding twenty-five dollars; provided that this section shall not apply to any future importation into the Central District of hares of the Nova Scotia breed.
IX. Any person who shall be found on Sunday using or carrying firearms, shall be subject to a fine not exceeding four dollars, except a traveller on a journey.
X. No person shall have in his possession any of the said animals or birds, unless killed five years within the periods above respectively fixed for the killing thereof; the burden of the Central proof whereof is to be on the party charged.
except in
District,
Provin
Firearm n
Inwful except traveller un
Possession of
XI. Any constable or peace officer shall search any person whom he may have good cause to suspect of coming or going from any land where he may have been unlawfully Sunday un in search of or shooting any game; and such constable or peace officer shall also stop journey. and search any cart or other conveyance in or upon which such constable or peace officer may have good cause to suspect that any game is being carried any such game killed person; and should any game be found upon such person, cart, or conveyance, seize and off detain said game: and such constable or peace officer shall in such case apply to some Justice of the Peace for a summons, citing such person to be dealt with according to the lower to provisions of this Act.
unlawful
Constable
search.
Search war-
XII. A Justice of the Peace shall, on information in writing being lodged with him, of any person having secreted in his house, or other building, any game in violation of raut. the provisions of this Act, issue his warrant to any constable or peace officer to search therein; and should any such game be found therein, such constable or peace officer shall seize and detain the same, and shall cite such offender before a Justice of the Peace, to be dealt with according to the provisions of this Act.
XIII. Married women concerned in any breach of the provisions of this Act shall be liable for the penalty thereto attaching as if they were unmarried women or principals; but the husband of the person so offending shall not be liable to be sued for the same offence; but in the case of married women, the fine may be levied upon the property of the husband.
XIV. Any person resisting any constable or peace officer in carrying out the pro- visions of this Act, shall be liable to a penalty not exceeding twenty-five dollars.
XV. No person shall kill, take, or destroy any deer by slips, dead-falls, traps, or spears, under penalty of twenty dollars for every offence.
Married
wotnen liabb.
Penalty un resisting cou stable.
Killing deer by slips, dewi-
falls, traps, &..
Offencen
XVI. Offences against the provisions of this Act shall be punished summarily, on prohibitel. information and conviction before a Justice of the Peace; and when not hereinbefore against Act. specially provided for, by a fine not exceeding twenty-five dollars, nor less than two how punished. dollars, for each head of game killed or in possession of said offender, in the discretion of such Justice of the Peace, with costs, together with the forfeiture of such game; all fines by this Act imposed to be levied on the goods and chattels of such offender; and in case he shall not have any goods and chattels on which to levy such fine and costs, or in case he shall make default in the payment thereof, then by imprisonment for a term not exceeding one month; one-half the fine to go to the Informer, the remainder to the Receiver-General for the use of this Colony.
►
XVII. Nothing in this Act shall be construed to extend to any poor settler who shall kill any game for his own immediate consumption, or that of his family.
No. 4.
BERMUDA.
Copy of a DESPATCH from Governor Sin T. Gore BrowXE, K.C.M.G., to the EARL of KIMBERLEY.
(No. 62.)
MY LORD,
Government House, Bermuda, 19th October, 1870. With reference to your Lordship's Circular Despatch of 2nd August, requiring information as to the laws in force in this Colony as to Trespass, and also as to the Preservation of Game, I have the honour to forward a letter from the Attorney-General covering the Acts only in force on the subject of Trespass.
There is no Game Law in Bermuda; but I enclose an Act passed in the late session for the extirpation of the crow and the protection and preservation of other birds.
I have, &c.,
T. GORE BROWNE. The Right Hon. the Earl of Kimberley, (Signed)
ke. &e. &c.
Act it in
extend to pour wettlers.
No. 1.
Attorney-
General t Governor,
1870. Act, 178,
10th Sept..
Act, 1834.
Art. 186.