PUBLIC
RECORD OFFICE
། ། ་། ་།
Reference :-
mwi mmf mC.O. 885
22 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Short title
and Con- struction.
Repeal of definition
To whom
Protec-
torate
licence may be issued.
Additional licence to kill
elephants.
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2. This Ordinance was passed at an Extraordinary Session of the Legislative Council held on the 12th of February, 1913, and received my assent on the same day, and will be promulgated in the Gazette of the 28th of February, 1913, as Ordinance No. 1 of 1913.
3. In accordance with Regulation No. 182 I enclose a certificate and memorandum by the Acting Attorney-General.
I have, &c.,
F. B. PEARCE,
Enclosure 1 in No. 18.
Acting Governor.
I assent to this Ordinance this Twelfth day of February, 1913.
NYASALAND PROTECTORATE.
ORDINANCE.
No. 1 of 1913.
F. B. PEARCE,
The Game Amendment Ordinance, 1913.
. Acting Governor.
ENACTED by the Acting Governor of the Nyasaland Protectorate with the advice and consent of the Legislative Council thereof :-
1. This Ordinance may be cited as "The Game Amendment Ordinance, 1913." It shall be read and construed as one with " The Game Ordinance, 1911," (herein- after referred to as the Principal Ordinance).
2. That part of section 2 of the Principal Ordinance relating to the definition of the term "hunt, kill or capture" is repealed and is replaced as follows: "Hunt, kill or capture means shooting at, wounding, killing or capturing by any method and includes molesting.
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3. Section 17 of the Principal Ordinance is repealed and is replaced as follows
A Protectorate licence shall not be granted except to a person resident in the Protectorate or to an officer in the public service of the Protectorate.
4. Section 21 of the Principal Ordinance is repealed and is replaced as follows:-
(1). No person, unless he is authorized by an additional licence in that behalf, shall hunt, kill or capture any male elephant or elephants.
(2). A District Resident may on the application of the holder of a Visitor's or a Protectorate licence grant an additional licence authorizing such person to hunt, kill or capture either one or more male elephants (not more than four in all) as the applicant may require and as shall be specified in such licence. Such licence shall not authorize the holder to hunt, kill or capture any elephant having tusks weighing less than 11 lbs. each.
(3). There shall be paid for each additional licence the following fees :—
For a licence to hunt, kill or capture one elephant £10.
For a licence to hunt, kill or capture two elephants £20.
For a licence to hunt, kill or capture three elephants £40.
For a licence to hunt, kill or capture four elephants £60.
(4). Every additional licence granted under this section shall expire on the 31st March next following the date of issue and only one such licence shall be granted to such person during the currency of any such Visitor's or Protectorate licence: Provided, however, if such person shall have taken out an additional licence to hunt, kill or capture any less number of elephants than four, he may be granted a further dicence or licences to hunt, kill or capture an additional elephant or elephants but so that the total number to be killed or captured under all licences he may hold does not exceed four, and the fees paid are on the scale laid down in this section, namely for the second elephant an additional £10 and for the third and fourth elephants an additional £20 each, and provided further that he shall first surrender the additional licence he already holds.
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to holder
(5). (a). In the case of the holder of a Protectorate licence a refund of the full Refunds amount paid in respect of an additional licence shall be made if no elephant be applicable wounded, killed or captured and refunds shall be made in the following circumstances of Protec- to the extent hereinafter specified that is to say if the holder of such licence or torate licences authorizing the licensee to hunt, kill or capture in all two elephants wounds, licence. kills or captures one elephant only £10 shall be refunded.
(b). If the holder of such licence or licences authorizing the licensee to hunt, kill or capture in all three elephants wounds, kills or captures one elephant only, £30 shall be refunded and if the licensee wounds, kills or captures two elephants £20 shall be refunded.
(c). If the holder of such licence or licences authorizing the licensee to hunt kill or capture in all four elephants wounds, kills or captures one elephant only, £50 shall be refunded and if the licensee wounds, kills or captures two elephants £40 shall be refunded and if the licensee wounds, kills or captures three elephants £20 shall be refunded.
(d). In all cases where an application is made for a refund under this sub-section the burden shall lie upon the applicant to prove to the satisfaction of a District Resident that he is entitled to such refund, and the application therefor shall be made on or before the 30th day of April following the date of expiry of such licence or licences.
Provided, always that a District Resident may in his discretion waive payment of the licence fee in this section referred to and in lieu of payment thereof may require the applicant to enter into a bond or make a deposit of cash for or of the same amount as the fee chargeable upon such licence and upon entering into such bond or making such deposit the applicant shall be entitled to hunt, kill or capture the number of elephants to which such bond or deposit extends.
(6). In every case in which a bond has been entered into or a deposit made under the preceding sub-section the Protectorate licence shall be endorsed by the District Resident to the effect that such bond has been entered into or such deposit made.
(7). Every holder of a Protectorate licence whose licence has been endorsed as aforesaid shall without delay upon wounding, killing or capturing an elephant or elephants present his licence for further endorsement thereon by a District Resident of the district in which the elephant or elephants were wounded, killed or captured, of the fact of his having wounded, killed or captured an elephant or elephants and the number so wounded, killed or captured, and shall thereupon take out the necessary additional licence.
(8). Where a bond or deposit has been accepted as aforesaid in lieu of payment in cash the amount of the liability of the holder of a Protectorate licence under such bond or deposit shall be determined in accordance with the provisions regulating refunds in this section contained: Provided that every person whose bond or deposit is accepted as aforesaid in lieu of payment shall be subject save as aforesaid to all the provisions of this Ordinance.
to holder
(9). (a). In the case of the holder of a Visitor's licence refunds shall be made in Refunds the following circumstances and to the extent hereinafter specified :-If the holder applicable of such licence or licences authorizing the licensee to hunt, kill or capture in all three of Visitor's elephants wounds, kills or captures two elephants or less £20 shall be refunded. licence.
(b). If the holder of such licence or licences authorizing the licensee to hunt, kill or capture in all four elephants wounds. kills or captures two elephants or less £40 shall be refunded, and if the licensee wounds, kills or captures three elephants £20 shall be refunded.
5. Section 30 (2) of the Principal Ordinance is hereby repealed and is replaced Provision as follows:-The provisions of this Ordinance with respect to the keeping of registers re licences. shall not apply
(1). To native licensees under Section 29 who are unable to read or write:- Provided that every such native licensee shall be required to make a report to the District Resident, containing the number and species of game killed or captured under his licence.
(2). To a member of a tribe or a native inhabitant of a village to which an order under Section 30 (1) applies :-
Provided that any such member or native mav in the case of a tribe through the chief or in the case of a village through the headman be required to make a report containing particulars of the number of game killed or captured under any such
order.
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L.
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