ATL
PUBLIC RECORD OFFICE
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Reference :-
C.O.885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
AUSTRALIAN COLUNIX8.
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N... 41
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2tul N.. 1870.
Eureure 1
m No 41
126
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS.
WESTERN AUSTRALIA.
ANKO TRICESIMO SECUNDO VICTORIE REGIN.E. No. II.
AN ORDINANCE to amend the Laws relating to Trespasses by Live Stock.
[3rd August, 1868.] WHEREAS it is inexpedient that any person should have redress for a trespass involun- tarily committed by the occupiers of surrounding pastoral lands, unless the party aggrieved has his lands adequately fenced; Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:
1. The Ordinance of the said Legislative Council passed in the thirty-first year of the reign of Her present Majesty, intituled "An Ordinance further to Amend the Laws "relating to Trespasses by Live Stock," is hereby repealed.
2. No purchaser, tillage, or mining lessee, from the Crown, of land situate within the boundaries of a block or section of leased or licensed Crown land held under a pastoral lease or licence, his heirs, executors, administrators, or assigns shall be entitled under "The Cattle Trespass Ordinance of 1857,” or under any other Ordinance or law relating to trespass, to recover any damages, penalty, poundage, fees, and expenses, for or on account of any trespass on such first-mentioned land by live stock, from or against the lessee or other occupier of the surrounding lands held under such pastoral lease or licence, nor shall he or they impound such live stock so trespassing, unless such first- mentioned land, or the part thereof trespassed on, shall, at the time of such trespass, be enclosed by a substantial fence, reasonably deemed sufficient to resist the trespass of great and small stock, including sheep, but not including goats and pigs; Provided nevertheless that such trespass shall not be wilful nor malicious.
3. This Ordinance and "The Cattle Trespass Ordinance of 1857," shall be read together as one Ordinance.
(L.S.) J. S. HAMPTON,
Governor and Commander-in-Chief.
Passed the Legislative Council this 3rd day of August, 1868.
No. 1-4.
NEW ZEALAND.
G. E. HAMPTON,
Clerk of the Council.
Governor SIR G. F. Bowen, G.C.M.G, to the EARL. of Kimberley.
(No. 148.) MY LORD,
Government House, Auckland, New Zealand, 7th November, 1870.
I have the honour to report that I lost no time in procuring the information respecting the laws in force as to Trespass and the Preservation of Game, required by the Circular Despatch of the 2nd August ult.; and I now transmit herewith a ministerial Minute covering a memorandum by the Attorney-General, and other documents on the subjects referred to.
The Right Hon. the Earl of Kimberley.
&c.
&c.
&c.
I have, &c.,
(Signed)
G. F. BOWEN,
Enclosure 1 in No. 41.
MEMORANDUM FOR HIS EXCELLENCY.
The circular letter of Lord Kimberley, dated 2nd August. 1870, and requesting information as to the laws in force in the Colonies as to Trespass, and also us to the Preservation of Game, having been referred to the Attorney-General, a copy of the memorandum made by him in reply is enclosed for the information of his Excellency, together with two copies of each of the Acts in force in this colony, referred to by the Attorney-General as bearing upon the subjects.
(Signed) W. GISBORNE,
Wellington, 2nd November, 1870,
Col. Secretary.
AND ALSO AS TO PRESERVATION OF GAME.
127
Enclosure 2 in No. 44.
THE HONOURABLE TRE COLONIAL SECRETARY.
The Acts in force in New Zealand on the subjects-Trespass, and Preservation of Game, are as follows:-
Preservation of Game.-The Acts in force are, "The Protection of Animals Act, 1867," "The Protection of Animals Act Amendment Act, 1868." I do not think that the above enactments require any observations to be made to make them intelligible.
Trespass.-This I understand to be trespass on land by persons. There are no enactments of the General Assembly on the subject except such as are contained in the Malicious Injuries to Property Act, 1867. This Act is almost identical in its provisions with the Imperial Act 24 & 25 Vict., cap. 97, &c. There are no provincial Ordinances on the subject.
31st October, 1870.
(Signed)
NEW ZEALAND. '
No. 35.
JAMES PRENDERGAST.
ANNO TRICESIMO PRIMO VICTORIE REGINÆ.
AUSTRALIAN COLONIES.
Fuclosure 2 in
No. 44.
As Acr to provide for the Protection of certain "Animals and for the Encouragement Title.
of Acclimatization Societies in New Zealand."
[10th October, 1867.] WHEREAS it is expedient better to provide for the protection of certain animals and birds and the increase arising therefrom and to promote and encourage the efforts of Acclimatization Societies in New Zealand.
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows-
1. The short title of this Act shall be "The Protection of Animals Act 1867,"
Preamble.
Short Title.
Repeat
2. The Protection of Certain Animals Act 1865" and "The Protection of Certain Animals Act Amendment Act 1866" are hereby repealed Provided always that all clause. proclamations orders in Council or other proceedings under the authority of either of the above recited Acts shall be and remain in as full force and effect as if this Act had not been passed until the Governor in Council shall alter vary or annul the same which he is hereby empowered to do.
3. It shall be lawful for any Acclimatization Society to register its rules by depositing Acclimatiza a copy of the same or of any alteration thereof signed by the chairman of such society tits citi and countersigned by three of the members thereof in the office of the Colonial Secretary their rules. of New Zealand and immediately after such deposit a notification thereof shall be published in the New Zealand Gazette and every society so registered shall for the purposes of this Act be deemed to be a duly registered Acclimatization Society,
Rules not be repugnant
4. The rules so to be registered shall not be repugnant to this Act or to any of the laws relating to the importation or protection of animals for the time being in force in to this Art New Zealand.
Property to be vested in chairman society.
of
5. For the purposes of this Act the property in all animals for the time being in the possession or under the control of any registered Acclimatization Society shall be deemed to be absolutely vested in the chairman of such society.
animals Animato
turned out to
#ciety.
6. In case any registered Acclimatization Society shall turn out at large any not indigenous for the purpose of increase it shall be the duty of such society forthwith in to notify the same in one or more newspaper or newspapers circulating within the chairman of district in which such animals shall have been turned at large not less than twice in two successive weeks and it shall be lawful for the Governor in Council by proclamation published in the New Zealand Cinzette to declare that the property in every such animal so turned at large shall for the purposes of this Act be deemed to be absolutely vested in the chairman of the said society for any period not exceeding two years.
7. The several words "animal" and "bird" when used in this Act shall be deemed respectively to comprise the animals and birds mentioned in the several schedules to animusk at this Act and any other animals and birds which shall hereafter be proclaimed to come within the operation of this Act.
What shali be desturd
birds.
8. It shall be lawful for the Governor in Council by order published in the Nor Zealand Gazette from time to time to proclaim that any animal or bird in addition to that other t those mentioned in the several schedules to this Act shall come within the operation old biede
Giovernor may declare
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