CO885(2-3) — Page 445

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NORTH AMERICAN COLONIES.

Power to Jus

tice of the

l'ence to en.

force decision. How fence

districts may I created.

Interpretation

Plans,

Short Litle

14

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

purposes of this Ordinance, have all the powers of a County Court Judge in this Colony, in summoning and compelling attendance of witnesses and jurors, and awarding damages and costs, which damages and costs shall be recovered in the same manner as amounts due under judgments of the County Court.

VII. Except so far as otherwise provided by Section III. this Ordinance shall not b applicable to any district unless upon an application being made in writing to the Governor of the Colony of British Columbia, signed by at least two-thirds of the resident landowners or occupiers in such district requiring the same to be applied to such district, and the Governor's proclamation of his assent thereto in the Government Gazette accordingly.

VIII. In the construction of this Ordinance the word “Governor" shall be held to mean the Governor of this Colony for the time being, or other the officer administering the Government of this Colony for the time being; and whenever in this Ordinance in describing or referring to any person or party, matter or thing, any word importing the masculine gender or singular number is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be provided or there be something in the subject or context repugnant to such construction. The word “Cattle' shall extend to and include horses, mares, fillies, foals, geldings, colts, bulls, bullocks, cows, heifers, steers, calves, sheep, lambs, goats, pigs, mules, jennets, and asses.

IX. This Ordinance may be cited for all purposes as "The Fence Ordinance, 1869." Passed the Legislative Council the 2nd day of February, A.D. 1869.

CHARLES GOOD,

AND ALSO AS TO PRESERVATION OF GAME.

15

to be issued under the provisions herein contained, the term "Game" shall be held to mean dead grouse, quail, prairie-fowl, pheasant, partridge, robin, lark, thrush, or wild- pigeon; and the term "Venison' shall be held to mean the carcass or any part of a dead deer or elk, or of the young thereof respectively.

NORTH AMERICAN COLONIEA

penaltire.

V. Every infraction or evasion of this Ordinance shall be punishable, upon conviction, Declares in a summary manner, before any Justice of the Peace in British Columbia, by a fine not exceeding fifty dollars for each separate offence, to be levied by distress, or in default of payment by imprisonment for any term not exceeding one month, at the discretion of the Justice of the Peace convicting.

VI. Any person giving information leading to the conviction of any person under this Information Ordinance shall be entitled to receive one-half of any pecuniary penalty inflicted under this Ordinance.

Conviction

valid.

VII. In case of any summary conviction under this Ordinance, no warrant of com- mitment upon a conviction shall be held to be invalid by reason of any defect therein, to in- if it be therein alleged that the person offending has been convicted, and there be a good and valid conviction to sustain the same.

ention of Ordi

VIII. This Ordinance shall not apply to elk, deer, or the young thereof, respectively, Limits killed before the first day of February, in any year; or to grouse, quail, prairie-fowl, ance pheasant, or partridge, robin, lark, thrush, or wild-pigeon killed, or eggs collected, before The first day of March, in any year.

IX. This Ordinance may be cited for all purposes as the "Game Ordinance, 1870." Passed the Legislative Council the 13th day of April, A.D. 1870.

PHILLIP J. HANKIN,

CHARLES GOOD,

Clerk of the Council.

Presiding Member. Assented to. in Her Majesty's name, this 20th day of April, 1870.

A. MUSGRAVE

Governor.

Governor.

WILLIAM A. G. Young, Clerk of the Council.

Presiding Member. Assented to, on behalf of Her Majesty, this 1st day of March, 1869.

FREDERICK SEYMOUR,

Short title,

BRITISH COLUMBIA.

ANNO TRICESIMO TERTIO VICTORLE REGINÆ.

NŲ. VI.

Premt le

Repeals Or- dannice of 1800.

When on. lawful to have

2-4l:i『g

AN ORDINANCE entitled the "Game Ordinance, 1870."

[20th April, 1870.]

WHEREAS it is expedient to protect game of various descriptions from being killed out of season, and to assimilate the law affecting such matters in 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:

I. The "Game Ordinance, 1869,” is hereby repealed; but such repeal shall not cause to revive any Ordinance or Act repealed by the Ordinance hereby repealed.

II. From and after the passage of this Ordinance it shall be unlawful for any person por persons to have game in his, her, or their possession in the City of Victoria, or of New Westminster, or in the town of Nanaimo, or of Esquimalt, or within the distance of one mile from any of the said cities or towns, or on board of any steam-boat, between the first day of March and the tenth day of August, in any year; or of venison, between the first day of February and the first day of August, in any year; or to collect or destroy the eggs of any grouse, quail, prairie-fowl, pheasant, or partridge.

Euaj wers

Fustir

of the

III. It shall be lawful for any Justice of the Peace upon information on oath that Pake there is probable cause to suspect that a breach of the provisions of this Ordinance has been committed, or that game, venison, or the eggs of grouse, quail, prairie-fowl, pheasant, or partridge he or is likely to be on any premises, or on or about any person or persons within the City of Victoria, or of New Westminster, or within the Town of Nanaimo, or of Esquimalt, or within the distance of one mile from any of the said cities or towns, or on board of any steam-boat in the harbour of Victoria, Esquimalt, or Nanaimo, by warrant under his hand and seal, to authorize and empower any constable or police officer to enter and search such premises and to search such person or persons, at any time, and to seize all game, venison, and eggs aforesaid, wherever found: provided, that no such warrant shall continue in force after the ninth day of August in the year in which it shall have been issued.

Interpretation.

IV. In construction of this Ordinance, or of any information to be laid, or any warrant

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C.O.885

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