EASTERN

86

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

31. If several persons have been convicted of a joint offence against this Ordinance, COLONIES. Such offenders shall be liable in solido for the payment of the fine, the damages or costs

awarded upon such conviction.

Solidarity.

Limitation

of actions.

Interpreta tion of terms,

Real lawe

Tromulgation

32. Every prosecution, under the provisions of this Ordinance, shall be commenced within two calendar months from the time the facts, on which such prosecution is brought, shall have been discovered and known, and not thereafter.

PART V.

Interpretation of Terms, Repeal of Laws, and Promulgation of this Ordinance.

33. The word game shall mean, deer, hares, partridges, quails, wild guinea fowls, wild ducks, and sarcelles, and all other wild birds and animals, that may be included in any proclamation made by the Governor under the authority of Art. 16 of this Ordinance.

Subject to the context and to the nature of the subject-matter, words denoting the singular number are to be understood to apply also to a plurality of persons, animals, birds, or things; and words denoting the masculine gender are to be understood to apply to persons and animals of the feminine gender.

31. Ordinance No. 4, of 1836, Ordinance No. 17, of 1842, and Ordinance No. 22, of 1867, and all laws and proclamations relating to game and to game licences, are hereby repealed.

35. This Ordinance shall come into force and shall have effect on and after the 15th day of May, A.D. 1869.

Passed in Council, at Port Louis, Island of Mauritius, this fourth day of May,

One thousand eight hundred and sixty-nine.

TROS. ELLIOTT, Acting Secretary to the Council ofGovernment.

AND ALSO AS TO PRESERVATION OF GAME.

87

EASTERN

COLONIES.

SCHEDULE B.

No. 2.

ORDINANCE No. 8, oF 1869.-ARTICLE 3.

Game Licence.

Mr residing at

in the District of

whose description is below, as mentioned in his Declaration, is hereby licensed to carry arms for the purpose of killing game during the year ending 31st March, 186

Age

Height* Complexion

Description of Licensed Party.

Colour of Hair Colour of Eyes

Any distinctive marks

Internal Revenue Office,

Port Louis, this

Registered No.

Published by order of his Excellency the Governor.

Received from Mr.

EDWARD NEWTON, Colonial Secretary. HENRY BARKLY, Governor of Mauritius.

the sum of

£

Cash Book No.

His Occupation.

Signature.

• High, low, or middle.

day of

186

Collector.

Pounds Sterling, being the duty on the above licence.

Internal Revenue Office

Port Louis, this

day of

186

Collector.

SCHEDULE A.

No. 1.

ORDINANCE No. 8, or 1869.—ANTICLE, 3.

I,

residing at

in the District of

Declaration to obtain a Game Licence.

do hereby apply for a licence to have the privilege of shooting game, during the year ending 31st March, 186

Description of Applicant.

Age

Height*

Complexion

Colour of Ilair

Colour of Eyes

Any distinctive marks

I certify that the above declaration is true and correct.

Port Louis, this

Seen

Chief Inspector of Licences.

His Occupation.

day of

186

†Signature or Mark of Declarant.

N.B.-High, low, or middle.

† The master to declare and sign for his servant.

REPORT on Ordinance No. 8, of 1869, intituled "An Ordinance to Amend and Consoli- "date the Laws on Game."

[4th May, 1869.j The first law enacted in this Colony for the preservation of Game was Ordinance 175 (Code Delalen), of the 24th October, 1767.

The Ordinance observes, in its preamble, that the unrestricted right of pursuing and killing game had led to the almost total destruction of stags; and that the Colony was thus threatened with the loss of alimentary resources of the greatest value in times of war or famine. It prohibited absolutely the hunting of stags and wild goats in the forests and lands of private persons or of the King, and it only allowed the shooting of hares and partridges and of other small game.

On the 26th June, 1775, a second Ordinance was promulgated to enforce the strict exccution of the law of 1767.

The prohibitions against shooting stags and wild goats were removed by the Decree of the 14th Vendemaire, An. 13 (6th October, 1804).

The Decree imposed a duty upon all persons who wished to shoot game upon their own lands.

In 1836, an Ordinance (No. 4, of 1836) (on (iame and Game Licences) was passed, for the purpose of consolidating the various dispositions of the previous laws on Game. This Ordinance prohibited stag hunting in rutting time, and partridge and quail shooting in breeding time: It enacted that no person should be allowed the privilege of shooting unless provided with a game licence; and it made it unlawful to shoot upon the high- ways, or upon Crown lands, without the permission of the Governor, and upon private lands without the consent of the owner of the land.

In 142, another Ordinance (No. 17, of 18-42) was passed to alter the periods fixed in the Ordinance of 1836, for prohibiting the killing and pursuing of game.

The absence of proper provisions for the enforcement of those two Ordinances not

PUBLIC RECORD OFFICE

Reference —

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