CO885(2-3) — Page 489

PUBLIC RECORD OFFICE

Reference -

C.O.885

ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-

3 PUBLIC RECORD OFFICE, LONDON

100

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

AUSTRALIAN any game at any time or any native game within the period referring to such native COLONIES. game respectively in the second Schedule to this Act, every person so offending shall forfeit and pay a penalty not exceeding the sum of five pounds for every head of game Penalty on having in pos- in addition to the value of any such game, such value to be assessed by the Justice or game Justices hearing the case for every head of native game so found in his house, possession,

or control.

at any time and native

AUG during period of pro- hibition.

Penalty on

taking or de- staying

Act not to

vate persons.

7. If any person shall wilfully take out of the nest or destroy in the nest the eggs of any bird of game or native game, or shall knowingly have in his house or pos- session any such eggs, every such person shall forfeit and pay a penalty not exceed. ing the sum of ten shillings for each egg so destroyed or found in his possession or control.

8. Nothing in this Act shall extend or be construed to extend to any person being top the owner of any game or native game having in his possession any such game or native game in confinement or in a domesticated state, provided such game shall not have been found wild or such native game shall not have been caught or taken within a period prohibited by the second Schedule to this Act nor to the owner of any eggs taken from the mew or breeding-place or to the possession of such eggs,

J'en 19 of fewing aguilat this

uated.

1m- mpgiri - dastad.

9. If any person shall be found offending against the provisions of this Act and shall not give his name and address, and shall not deliver up any game, native game or any

any

Act ust give instrument, net or other means used to kill or destroy any game or native game, to any assist- dress, and de- person who may demand the same, it shall be lawful for such

person with liver

geance he may require and for any constable to take such person into custody and take Kuu. Sc..

herwise may him before the nearest Justice of the Peace, to be dealt with according to law, and any person who shall assault or resist any such person so demanding such game, native game, instrument, net or other means of destruction shall forfeit and pay a penalty not exceeding five pounds, besides any other penalty he may have incurred under this Act.

10. All offences under this Act may be heard and determined in a summary way before any Justice of the Peace, and if any person shall feel himself aggrieved at any decision given under this Act he may appeal to the next General Sessions holden nearest to the place where such decision shall take place.

This Act to be dmastered

1.5 usemary Jurisdiction

ad njal allowed.

Inpal of penalties.

Justices may +1.sts com.

11. One half of all penalties recovered under this Act shall go to and for the sole use of any person who may sue for the same.

12. Any Justice hearing any complaint under this Act may dismiss the same with plaints with such costs as to such Justice may seem fit, not exceeding five pounds and a certificate of such dismissal shall be a bar to any other proceedings for the same act in any court of law or equity.

Act not to Itend to ub engmals

13. This Act shall not extend or apply or be construed to extend or apply to any aboriginal native of Australia, unless employed by any other person, or as regards animals mentioned in the second Schedule to any collector of specimens of natural history for any public museum in the colony and duly authorized in that behalf,

Pheasants Partridges Grouse Harcs

.

SCHEDULES.

THE FIRST SCHEDULE,

£

5

Deer

•

5

Swans.

5 Antelope

5

All birds not indigenous to Australia and their produce £1. From the 1st day of August to the 31st day of December in each year.

Wild ducks of any specics.

Teal.

Emu.

Native Companions.

Wild Turkey or Bustard.

Black Swans.

Wild Geese.

THE SECOND SCHEDULE.

Bronze-winged and other wild Pigeons.

Mallee Hen.

Quail.

Land Rail.

Curlew.

Tellegalla or Brush Turkey.

Plover of any species.

L

16

5

15

Great Kingfisher, commonly known as

the Laughing Jackass.

From the 1st August to 31st December.

(No. 93.)

MY LORD,

AND ALSO AS TO PRESERVATION OF GAME.

No. 39.

VICTORIA.

[Not received.]

No. 40.

QUEENSLAND.

Governor BLACKALI. to the EARL of KIMBERLEY.

101

Government House, Brisbane,

25th November, 1870.

With reference to your Lordship's Circular Despatch of 2nd August last, I have the honour to forward to you copy of a letter from the Under Colonial Secretary, dated 22nd instaut, enclosing copies of the enactments in force in the Colony of Queens- land relating to trespass and the preservation of game, together with a communication from the Attorney-General in reference thereto.

I have, &c., SAML. W. JAMES BLACKALL,

Governor.

(Signed)

The Right Honourable Earl Kimberley.

&c.

&c.

&c.

Enclosure 1 in No. 40.

MEMORANDUM upon Despatch from Secretary of State for the Colonies to his Excellency the Governor of Queensland, dated 2nd August, 1870, requesting information as to the laws in this Colony as to Trespass and the Preservation of Game.

The only Act in force in Queensland relating to the preservation of game of special application to this colony is "The Imported Game Act of 1863," of which I enclose a copy. The Act was passed with a view of strengthening the hands of the Acclimatisation Society, and of protecting foreign animals and birds when first turned loose from breeding enclosures, hence its severely penal character.

The nine sections of the Imperial Act 24 & 25 Victoria, chap. 96, viz., 12 to 17, and 24th, 25th, and 26th relating to the stealing of deer, and of hares or rabbits in warrens, and of fish or oysters from private fisheries, are in force in this colony, inasmuch as the corresponding sections of the Queensland Larceny Act of 1865 are drawn in precisely similar terms.

AUSTRALIAN COLONIES.

The special Acts in force as to trespass are the Acts 18 Vict., No. 27: an Act for protecting inclosed lands from intrusion and trespass of which I enclose a written copy, for being an Act of the New South Wales Legislature, passed before the separation of the colonies, a printed copy is not to be had; and the "Impounding Act of 1863," of which I also enclose a copy, but without any special observation, as the provisions of these Acts indicate the purposes for which they were passed.

I also enclose a written copy of the Trespass sections, 71 and 72 of the "Pastoral Leases Act of 1869," for the removal of persons in the unauthorized occupation of Crown lands or pastoral runs. These are the only enactments within my knowledge that bear upon reniedies for trespass.

16th November, 1870.

(Signed) JOHN BRAMSTON

Attorney-General.

No. 39.

No 40.