CO885(2-3) — Page 496

LIAT TO

AUSTRALIAN COLONIES.

No. 41.

114

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

SCHEDULE.

RATES OF MILEAGE FOR DRIVING ANIMALS TO POUND.

Per Mile.

Description of Animals Trespassing.

Every horse, mare, gelding, bull, cow, or heifer, steer,

or calf

Every one hundred rams, ewes, sheep, or lambs, or

under that number

Two-pence per head.

One shilling.

No. 41.

TASMANIA.

[Not received.

AND ALSO AS TO PRESERVATION OF GAME.

115

the advice and conserit of the Legislative Council and flouse of Assembly of the said AUSTRALIAN Province, in this present Parliament assembled, as follows:

COLONIES.

not di

1. If any person shall, during the close season mentioned in the Schedule to this Act, Penalty for wilfully kill or destroy any bird or beast of the species mentioned in the said Schedule, killing birds. not being domesticated, or shall use any instrument, net, or other means, during such gcbook, out season, for the purpose of killing or destroying any such bird or beast, he shall, upon conviction, forfeit and pay a sum not exceeding the sum of two pounds, in addition to the sum of five shillings for each bird or beast so killed or destroyed: Provided that this clause shall apply only within the limits of counties and hundreds, and the rivers, creeks, lakes, and other inland waters adjacent to counties and hundreds.

Profis

Penalty for

trespassatag a

2. If any person shall wilfully kill or destroy any bird or benst, or shall use any instrument, net, or other means for the purpose of killing or destroying any bird or pursuit of a beast, or the eggs or young of any bird or beast, or enter for the purpose of killing or la destroying any bird or beast, or the eggs or young of any bird or beast, on any enclosed land, except any land whereof he is owner or occupier, without having first obtained permission from the owner or occupier of such land, he shall, on conviction, forfeit and pay a sum not exceeding five pounds, in addition to the sum of five shillings for each bird or beast so destroyed: Provided that this clause shall have effect only within the limits of counties and hundreds.

3. In any proceeding for any offence against the last preceding clause, the proof permission having been obtained, shall lie on the defendant.

4. Nothing in this Act shall remove the liability of any person to an action for damages, in respect of any bird or beast destroyed or injured by such person.

5. If any person shall sell, or offer for sale, or have in his possession, during the close season, as mentioned in the said Schedule, except during seven days after the com- mencement of such season, any of the birds or beasts mentioned in the said Schedule, and not being domesticated, such person shall be liable to a penalty of not less than forty shillings, nor more than ten pounds: Provided that this clause shall not apply to any such bird or beast, unless such bird or beast shall have been killed or destroyed contrary to the provisions of this Act; and proof that such bird or beast was domėsti- cated, or shall liave been lawfully killed or destroyed, shall lie on the defendant.

Proof of ĮTEMİZ having been obtained to b

given by defendant

Action for damages.

Prualty i anle during

No. 42.

PUBLIC RECORD OFFICE

Reference :-

11 11 C.O.885

milm

3PUBLIC RECORD OFFICE, LONDON

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

No. 42.

SOUTH AUSTRALIA.

COPY of a DESPATCH from Governor SIR JAMES FERGUSSON to the EARL of KIMBERLEY.

(No. 78.) - MY LORD,

Government House, Adelaide,

6th October, 1870.

In reply to your Lordship's Circular Despatch of 2nd August, 1870, I have the honour to enclose a copy of Act No. 23, of 1864, South Australia, which is the only Act in force in this Colony relative to the preservation of game and to trespass on land.

I have to state that the close seasons therein fixed for the various kinds of birds and animals do not in some cases coincide with the breeding seasons; and that it is the intention of the Government to introduce a Bill to amend the Act in that respect.

I have, &c., (Signed) JAMES FERGUSSON,

Se.

The Right Hon. the Earl of Kimberley,

&c.

&c.

Enclosure in No. 42.

Governor.

8. Informations may be laid for any offence against this Act at the instance of any person.

7. All fines and penalties for any offence against this Act may be recovered in a summary way, before any special Magistrate or two Justices of the Peace, under the procedure." provisions of an Ordinance, No. 6, of 1850, “To facilitate the performance of the duties "of Justices of the Peace out of Session, with respect to summary convictions and orders," or of any Act hereafter to be in force relating to the duties of Justices of the Peace with respect to summary convictions and orders; and all convictions and orders may be enforced as in the said Ordinance is mentioned,

6. Nothing in this Act shall prevent any aboriginal native from killing for his own consumption, and consuming any of the native animals mentioned in the said apply to ab. Schedule.

Act not to

origines

Summary

Who may

lay unfor

tions.

Appropria

tiew.

Appeal.

9. One moiety of every penalty recovered for any offence against this Act shall be paid to the complainant or informant, and the other to the Treasurer for the use of Iler ton of penal Majesty, Her heirs and successors, for the public use of the said Province.

10. There shall be an appeal from any order or conviction of any special Magistrate or Justices under this Act, or from any order dismissing any information, or for the payment of costs, or otherwise, which appeal shall be to the Local Court of Adelaide of full jurisdiction only, and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6, of 1850, for appeals to Local Courts; but such Local Court of Adelaide, aforesaid, may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed ten pounds.

In the name and on behalf of the Queen, I hereby assent to this Act.

D. DALY,

Enclosure in Nu. 42.

I'reamble.

ANNO VICESIMO SEPTIMO ET VICESIMO OCTAVO.

VICTORLE REGIN.E. A.D. 1864.

No. 23.

As ACT to prevent the Wanton Destruction of certain Wild and Acclimatised Animals.

[Assented to, 9th December, 1864.] WHEREAS it is expedient to prevent the wanton destruction of certain wild animals-Be it therefore enacted by the Governor-in-Chief of the Province of South Australia, with

Governor.

Q2