AND ALSO AS TO PRESERVATION OF GAME.
13
NOBTα
and altered by all past legislation of the said Colony of Vancouver Island, and of the whole Colony of British Columbia since the union affecting the former Colony of AMERICAN Vancouver Island and its dependencies.
III. The short title of this Ordinance is "The English Law Ordinance, 1867." Passed the Legislative Council the 15th day of February, A.D. 1867.
CHARLES Goon, Clerk.
ARTHUR N. BIRCH, Presiding Member.
Assented to, in Her Majesty's name, this 6th day of March, 1867.
FREDERICK SEYMOUR, Governor.
COLONIES.
Short title.
PUBLIC RECORD OFFICE
Reference :-
C.O.885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
No. 6.
No. 6. BRITISH COLUMBIA.
Copy of a DESPATCH from Governor MUSGRAVE to the EARL of KIMBERLEY.
(No. 126) MY LORD,
Government House, British Columbia,
12th October, 1870.
I have had the honour to receive your Lordship's Circular Despatch of the 2nd August, requiring information as to the laws in force in the Colonies as to Trespass, and also as to the Preservation of Game.
2. With regard to the law of Trespass, it is the same as in England on the 19th ol English Law November, 1858, as provided by the " English Law Ordinance, 1867," No. 27, of which
Ordinan 1867. - Fence Ordinary.
1609."
** Gabar
Ordinanc
170."
Enclosures
I No.
Precariile
Kejenis pro
19th Novem ber. 13.
I enclose a copy; with the exception made by Section III, of the "Fence Ordinance,
186)," No. 9. also enclosed, applicable to Fence Districts, as therein provided.
3. The Preservation of Game, so far as is practicable in this colony, is provided for by the "Game Ordinance," which I forward.
4. No special onservations seem necessary upon the provisions of these Ordinances.
I have, &e.. The Right Hon. the Earl of Kimberley,
&c.
xo.
&c.
(Signed)
Enclosures in No. 6.
BRITISH COLUMBIA.
ANNO TRICESIMO VICTORLE REGINE.
No. VII.
A. MUSGRAVE,
AN ORDINANCE to assimilate the general application of English Law.
[6th March, 1867.)
WHEREAS it is expedient to assimilate the law establishing the date of the application of English law to all parts of the Colony of British Columbia;
Be it enacted, by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:
1. "The Proclamation having the force of law to declare that English law is in force clamant in British Columbia," of the 15th day of November, 1858, is hereby repealed: provided. however, that such repeal shall not affect any rights acquired, or liabilities incurred or existing before such repeal. But such rights and liabilities, civil and criminal, and all remedies and punishments thereunder shall still, notwithstanding such repeal, be capable of enforcement and imposition as if this Ordinance had not been passed, but not further or otherwise.
Civil and s
crimal law England,
of England put in fune
SANTER
II. From and after the passing of this Ordinance the civil and criminal laws of as the same existed on the 19th day of November, 1858, and so far as the same are not from local circumstances inapplicable, are and shall be in force in all parts of the Colony of British Columbia: provided, however, that in applying this Ordinance to that part of the Colony previous to the union known as British Columbia, the said Brush civil and criminal laws, as the same existed at the date aforesaid, shall be held to be modified and altered by all past legislation (of the said Colony of British Golumbia. before the union, and of the Colony of British Columbia since the union) affecting the said Colony of British Columbia as it existed before the union:
filed by Just 1 grain-
Colombas.
Sting o mohitled by [mat Lila. tion on Va
Provided also, that in applying this Ordinace to that part of the Colony heretofore known as the Colony of Vancouver Island and its dependencies, the said civil and over laland criminal laws, as the same existed at the date aforesaid, shall be held to be modified
BRITISH COLUMBIA.
ANNO TRICESIMO SECUNDO VICTORIE REGINE.
No. IX.
AN ORDINANCE to provide for the Fencing of Land in British Columbia.
[1st March, 1869.] WHEREAS it is expedient to provide for the proper fencing of lands in the Colony of British Columbia;
Preamble.
Be it enacted, by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:
1. It shall be lawful for the Governor, from time to time, for the purposes of this Ordinance, to divide the said Colony into districts, to be called Fence Districts, and alter may divide the same from time to time as occasion may appear to require.
Governor
culony into fence districta.
Definition of
A
II. A lawful fence shall be at least four feet nine inches high throughout, above the general surface of the ground, and substantially constructed of either stone, brick, carth, lawful fence. wood, or iron, or partly of any one or more of these materials; and if made of horizontal bars, boards, or rails, of wood or iron, shall consist of such dimensions so as not to leave more than six inches between the several bars or rails respectively, up to the height of three feet from the surface of the ground, and for the remainder of the lence not more than twelve inches between the said bars or rails: provided also, that any natural boundary, which shall be sufficient to prevent the passage of cattle into in- closures, shall be treated as a lawful fence.
No action for
III. In the event of cattle straying into lands within a fence district on the mainland trespass on
of British Columbia, and into lands within or without a fence district in all other parts cattle straying of the Colony, unprotected by a lawful fence so defined to be lawful as aforesaid, no inte lande ut trespass shall be deemed to have been committed, and no action for trespass shall be lawful fence. maintainable therefor, any law to the contrary notwithstanding.
protected by
enclovel by a
the owner
Cattle may
IV. If any cattle shall break into any ground enclosed by a lawful fence, the owner of Cattle bnak- such animal shall be liable to the owner or occupier of the enclosed premises for all ing into land damages sustained by such trespass, and if the trespass shall be repeated by neglect of lawful feure, the owner of such animal he shall for the second and every subsequent offence beide for dan subject to double the damage of such trespass to the owner or occupier of the said ages, premises. The owner or occupier of the premises may impound every such animal, and be impounded. shall advertise the same, with a sufficient description thereof, or give a written notice to the owner, if known; and if any animal so trespassing shall not be claimed, and the damages paid, together with the keep of such animal, and the cost of advertising such notice, within ten days from the publication of such notice, or of the delivery of the same to the owner of such animal if known, the owner or occupier of the premises shall
be at liberty to sell the same by publie auction, and repay himself out of the proceeds and sold by of such sale all damages done and expenses incurred for the keep, advertisement, and public auction sale thereof; and the notice shall be given to the owner of every such animal, by advertisement or otherwise, within five days from the date of impounding, and if not so given no charge shall be made for the keep of such animal for more than five days.
V. That in case there be no auctioneer within a convenient distance in any particular They appant fence district, it shall be lawful for the Stipendiary Magistrate, or other Justice of the salesman." Peace for the district, to appoint a salesman for the purpose of selling cattle impounded for trespass; but such salesman shall not require an auctioneer's licence.
Magistrati
VI. If any dispute shall arise under this Ordinance, the same shall be adjudicated upon by the Justice of the Peace for the district wherein the same occurred, with the option jury.
either party to claim a jury of five persons, The Justice of the Peace shall, for the
Disputes may he tried by
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