58
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
PUBLIC RECORD OFFICE
6
Reference :-
C.O.885
AFRICAN
AND
MEDITER-
RANKAN
COLONIES.
No. 28.
No. 28.
LAGOS.
Copy of a DESPATCH from Governor Sir A. E. KENNEDY, C.B., to the EARL OF KIMBERLEY.
(No. 109.) MY LORD,
Sierra Leone,
3rd November, 1870.
I have the honour to transmit, for your Lordship's information, a Despatch (Lagos, No. 163, dated 16th October, 1870), which I have received from the Acting Administrator, in reply to your Lordship's Circular Despatch of the 2nd August, 1870, inquiring whether laws for the Preservation of Game are in force within the Settlement of Lagos.
The Earl of Kimberley,
&c. &c.
Enclosure
in No. 28.
(No. 163.) SIR,
No. 29.
Enclosure. Laws relating to Trespas
and the Pre-
servation of Game.
Enclosures
in No. 29.
I have, &c., (Signed)
&c.
A. E. KENNEDY,
Governor-in-Chief.
Enclosure in No. 28.
Government House, Lagos, 16th October, 1870. In reply to Circular Despatch of the 2nd August, 1870, from Her Majesty's Secretary of State for the Colonies, relative to the laws in force in this Colony as to Trespass and the Preservation of Game, I have the honour to state that there is no game in the Colony except a small species of antelope. There are no enactments with reference either to the preservation of game or to trespass. Trespassers would, however, be liable to be sued for damages.
Sir Arthur E. Kennedy, C.B.,
&c.
Governor-in-Chief, &c. Sierra Leone.
&c.
No. 29.
I have, &c.,
(Signed)
W. H. SIMPSON,
Administrator.
CAPE OF GOOD HOPE.
Copy of a DESPATCH from the ADMINISTRATOR of the Government to the
(No. 31.)
MY LORD,
EARL OF KIMBERLEY,
Government House, Cape Town, 24th September, 1870.
In compliance with the request contained in your Lordship's Circular Despatch of the 2nd ultimo, I have the honour to enclose copies of all laws in force in this Colony upon the subject of Trespass and the Preservation of Game, which do not appear to call for any observations on my part.
The Earl of Kimberley,
&c.
&c. &c.
AND ALSO AS TO PRESERVATION OF GAME.
59
AFRICAN
AND
MEDITER-
RANEAN
without hard labour, and with or without spare diet, or to a fine not exceeding one pound sterling; and, in default of payment thereof, to such imprisonment as last afore- said, with or without hard labour, and with or without spare diet.
And any person hereby declared to be liable to be arrested may be so arrested and conveyed to gaol by COLONIES. the owner or occupier of the property or premises on which such person shall be found, or by his servants, or by any police officer or constable, at the request of such owner or apprehend. occupier.
Preamble.
CAPE OF GOOD HOPE.
No. 12.-1870.
AN ACT for the better Preservation of Wild Ostriches.
1. Proclamation of 21st March, 1822, repealed.
ANALYSIS.
2 Penalty for killing, &c., wild ostriches without a licence.
8. Liku penalty for killing, &o, ostriches during fence
BUSNOIL.
4. Stamp duty on and duration of liornce.
5. Governor to proclaim fence season,
6. Penalty for disturbing, &c., eggs of wild ostrichos.
7. Owner or occupier of land allowed to catch young ostriches for domestication.
8. Fines by whom and how recoverable. Portion of fine ta be paid to informer.
9. Ostriches may be protected for certain number of years. 10. Absence of name from list of liounces primă facia proof of non-ique of licence.
Who may
WHEREAS, it is expedient to prevent the indiscriminate destruction of wild ostriches in Preamble.
this Colony Be it therefore enacted, by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows:
Proclama-
1. The Proclamation dated 21st March, 1822, intituled "Game Law Proclamation," in so far as the same relates to the protection of ostriches or the eggs of ostriches, is of 21st hereby repealed.
repealed.
March, 1822,
killing. ..
2. No person shall kill, catch, capture, hunt, or wound any ostrich not being Penalty for domesticated without having first obtained a licence to kill ostriches, under a penalty of wild riches any sum not less than thirty pounds sterling and not exceeding fifty pounds sterling for without licence. the first offence, and not less than forty pounds sterling and not exceeding one hundred pounds sterling for every subsequent offence; and any person convicted under this section within six months from the time of the offence may be imprisoned, with or without hard labour, for any term not exceeding six months, unless or until the fine be sooner paid.
Like penalty for killing,
3. No person shall, whether having obtained a licence to kill ostriches or not, kill, catch, capture, hunt, or wound within any district of this Colony, any ostrich not being gestriches. domesticated within the months which shall in any such district be for the time being during fence proclaimed as fence season for ostriches under the provisions of this Act, under like penalties as by the last foregoing section are provided in cases falling within that section.
Besson.
(Signed)
I have, &c.,
C. IIAY, Lieut-Genl., Lieutenant-Governor Administering the
Government.
4. For every licence to kill ostriches there shall be payable a stamp duty of twenty pounds sterling; and every such licence shall be in force for the time specified therein, and no longer Provided that every licence to kill ostriches shall authorize the holder thereof to catch, capture, hunt, or shoot at the same.
Stamp duty ou and dura
tinu of licence.
Enclosures in No. 29.
5. It shall be lawful for the Governor, by proclamation to be by him issued, to fix Governor t and prescribe for the several districts in this Colony the close time or fence seasons prelim fi within which it shall not be lawful to kill, catch, capture, hunt, or wound ostriches within this Colony, not being domesticated ostriches, either with or without a licence to kill ostriches.
Benson
Penalty for disturbing.
I 2
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Persona wandering
CAPE OF GOOD HOPE.
No. 22.—1867.
ACT to amend the Law relating to the issue of Passes to, and Contracts of Service with Natives, and to the issue of Certificates of Citizenship, and to provide for the better protection of property.
11. If any person shall be found wandering over any land belonging to or lawfully over or loiter and of right occupied by any private person or persons, or loitering on private property ing on private near to, or lodging in any house, outhouse, or kraal, without leave of the owner thereof; property with- out leave of and if such person shall be unable to give a good and satisfactory account of himself, one may be then such person may be arrested as idle and disorderly, and shall be liable, on con- apprebendel.
And pun. viction before the resident magistrate of the district, on the complaint of the owner or ished by im- occupier aforesaid, to imprisonment for any period not exceeding fourteen days, with or
prisonment or
fior.
6. No person shall at any time wilfully take away, disturb, destroy, or have in his possession the eggs of any wild ostrich in any part of this Colony under the penalty of de eggs of any sum not exceeding three pounds sterling for the first offence, and not less than three wildstriches. pounds sterling nor exceeding six pounds sterling for every subsequent offence, the con- viction in each case being within six months from the time of the offence charged; and any person convicted under this section may be imprisoned, with or without hard labour, for any term not exceeding three months, unless the fine be sooner paid.
allowed to
7. It shall be lawful for any owner or occupier of land, without having taken out Owner or us any licence, to catch and keep, or to cause or permit to be caught and kept, the young of super of la any ostriches for the purpose of domestication, at any time when the same shall be found catch young upon the land of such owner or occupier, anything contained in this Act or in any other infor law to the contrary notwithstanding,
8. The several fines above mentioned may be recovered by any person, on behalf as
domestication-