PUBLIC RECORD OFFICE
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C.O.885
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82
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
No. 8, or 1869.
AN ORDINANCE to Amend and Consolidate the Laws on Game.
[4th May, 1869.] WHEREAS, it is expedient to amend and consolidate the laws relating to game, to game licences, and to periods for prohibiting the killing and pursuit of game:
Be it therefore enacted, by his Excellency the Governor, with the advice and consent of the Council of Government, as follows:
PART I
Game Licences.
1. It shall be unlawful for any person to shoot, or, by any other means whatsoever, to kill, destroy, or take any game, or to attempt so to do, or to go in pursuit or search of game, without having previously taken out a licence in the manner hereinafter prescribed.
Every person contravening this enactment shall incur a penalty not less than two pounds, and not more than ten pounds, and in case of any offence within twelve months after a previous conviction, sucli offender shall be liable to a penalty not less than ten pounds sterling and not exceeding twenty pounds.
2. A game licence shall be issued by the collector of Internal Revenues or by any abte for gas officer in any district duly authorized by the said collector, to any person making appli-
cation for the same upon payment of a sum of two pounds sterling as a license duty.
If the licence is issued to a servant the duty shall be one pound sterling.
Forms fap
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List of
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Such licences shall not be transferable: they shall, in no case, be in force for more than twelve months, and shall be renewable on the 1st of April in each year, but the persons who have already paid for a game licence during this year, and before the pass- ing of this Ordinance, shall not be bound to renew their licences until the 1st of April of next year.
Persons residing in Mauritius for less than one month shall not be required to take out a game licence.
3. The application for a game licence, and the game licence shall be in the forms in Schedules A and B, annexed to this Ordinance,
4. No game licence shall be issued to:
10. Minors, unless with the authorization of their parents or guardians.
20. Interdicted persons.
40. Persons who have not satisfied the judgments which may have been given
against them under the provisions of this Ordinance.
5. A list of all licences issued shall be published during the ensuing week in the Government Gazette' by the collector of Internal Revenues.
6. It is expressly forbidden, under a penalty not less than two pounds, and not more public plass than ten pounds, to shoot upon or across any high road, public way, street, or in any
„public place whatsoever.
killing t
tter on.
7. Any unlicensed person found with a gun in his hands, on any land, or upon any high road or public way, shall, in the absence of satisfactory proof to the contrary, be presumed to be carrying such gun for the purpose of shooting and to be shooting there with, and such person shall be liable to the penalty mentioned in Article 1.
Sheeting or 8. All persons who shall, at any time of the year, carry a gun, or shoot, or, by means Land of an of dogs, nets, gins, snares, or other engines whatsoever, take or kill, or attempt to take or kill any game upon land not owned or occupied by them, or who shall be found on such land with dogs, nets, gins, snares, or other engines whatsoever, except with the express consent of the owner or occupier of such land, shall be punished as poachers, and all those found in their company, even though they may have no dogs with them, or no guns or other engines in their hands, shall also be punished as poachers.
Ntive m
eman Lands
Every person offending against the provisions of this Article shall incur a penalty not less than five pounds, and not more than fifty pounds, and in case of any second offence, such offender shall further be liable to imprisonment for a term not less than one month and not exceeding six months, with labour.
9. No person shall carry a gun, or shoot, or, by any means whatsoever, kill or take. or attempt to kill or take game on Crown lands, or shall have in his possession on such lands, nets, gins, snares, or other engines whatsoever, except with the express permission of the Governor.
AND ALSO AS TO PRESERVATION OF GAME,
83
Provided that, if any such land has been leased to, or placed under the guardianship Easts of some person, the consent of such person shall be sufficient.
COLONIES.
Every person contravening this enactment shall incur the penalties mentioned in Article 8 of this Ordinance.
10. It shall be lawful for the Governor, at the request of any owner or occupier of land, to appoint gamekeepers to keep the game upon such land. The said gamekeepers shall be sworn before the district magistrate of the district in which they are to act, and they shall have, within the limits of the said land, the same power as forest rangers
have under this Ordinance.
PART II.
Periods within which the Killing or Pursuit of Game is prohibited.
Game-
keeper.
11. It shall not be lawful for any person to pursue, take, kill, or destroy by any means whatsoever, deer, partridges, wild guinea fowls, quails, wild ducks, or Sarcelles, within which within the following periods, viz. :—
go
Perioda
deer, part- ridges, and
other gam
lo. As to deer, from the 1st September in every year until the 15th May following; cannot be 20. As to partridges and the birds above mentioned, from the 15th September in killed.
every year until the 15th April following.
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12. If within the aforesaid prohibited periods, any person shall, in any place, or by Pensity for any means whatsoever, take, kill, destroy, or attempt to take, kill, or destroy, or shall killing of pur in pursuit of any deer, partridges, quails, or other birds as aforesaid, such person prohibited shall, for each such offence, incur a penalty not less than five pounds sterling and not more than (10) ten pounds sterling and every such offender shall, for any offence. committed by him within twelve months after a previous conviction, be condemned to imprisonment for a period not less than five days and not more than one month, or to a fine not less than fifteen pounds sterling or more than thirty pounds sterling.
13. It shall not be lawful at any time for any person to sell or hawk game, unless such person is duly licensed to deal in game.
Every licence to deal in game granted in the present year shall continue in force until the 14th day of May, 1870, and every such licence granted in any succeeding year shall continue in force for the period of one year next after the granting thereof.
Such annual licence shall be granted by the collector of Internal Revenues upon payment of a sum of ten shillings, and every person while so licensed to deal in game shall affix to some part of the outside of the front of his house, shop, and stall, or upon the basket in which the game is carried, and shall there keep, a board having thercou in clear and legible characters his name and surname, together with the following words, that is to say-" Licensed to deal in game."
Every person so licensed shall be bound to disclose to any police officer or constable, or forest ranger, the name of the person from whom and the place where he has pro- cured the game sold, hawked, or offered, or exposed by him for sale.
14. Any person dealing in game without having been previously licensed so to do, or neglecting to put up the board, or refusing to make the disclosure mentioned in the preceding Article, shall be liable to the penalties mentioned in Article 1 of this Ordinance.
Thalers in
game to be Licensed.
Penalty for
game without
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Penalty f
15. If within the said prohibited periods, any person is found in possession of any venison, partridge, or other birds as aforesaid, or buys, sells, or exposes for sale any such ing, posse-ing game, such person shall be deemed to have committed an offence against this Ordinance, game within ie profilsted and shall, for each such offence, incur a penalty not less than five pounds sterling and periods not more than ten pounds sterling, together with the forfeiture of all such game,
Provided that this enactment shall not apply to deer or birds, reared in a state of domesticity or imported; but the onus of proving that such deer or birds have been reared or imported as aforesaid, shall fall upon the person found in possession thereof.
In case of any offence committed within twelve months after a previous conviction, the offender shall be condemned to imprisonment for a period not less than five days and not more than one mouth, or to a fine not less than fifteen pounds sterling or more than thirty pounds sterling.
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Protection
of other binl~
partridg and wil
16. It shall be lawful for the Governor, from time to time, and by proclamation, to prohibit absolutely the shooting, taking, or killing of any wild bird or animal, other fear tire period in beder der than deer, partridges, and the other birds hereinbefore mentioned, or to fix a each year, during which such bird or animal may be lawfully killed, shot at, or taken.
Any person shooting, killing, or taking, even upon land owned or occupied by him, any such bird or animal, or buying, selling, or being found in possession of the same, in contravention to any such aforesaid proclamation, or within any other period than the
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