CO885-(19-20) — Page 202

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

20 PUBLIC RECORD OFFICE, LONDON

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

Junting

›f certain nimals >rohibited

Export luty on horne, hides, or aking of royal

game.

Penalty for being in

unlawful

possession

of flesh,

hides or horns of royal

game. Special permits.

Notifica- tion of date of making use

182

months, and for a second or any 'subsequent offence, to a fine not exceeding fifty pounds, or, in default of payment thereof, to imprisonment with or without hard labour for a period not exceeding six months: Provided that any person domiciled outside this Colony, but owning land therein, shall be entitled to obtain a royal game licence in respect of which the sum of three pounds shall have been paid by him, to shoot royal game on his own land within this Colony.

3. (1) The hunting of elephants with tusks weighing less than eleven pounds apiece or of cow elephants and hippopotami is prohibited; and any person who shall contravene the provisions of this section shall be liable upon conviction to a fine not exceeding fifty pounds, or in default of payment thereof, to imprisonment with or without hard labour for a period not exceeding six months unless such fine be sooner paid.

(2) Every clephant tusk weighing less than eleven pounds in the possession of any person shall within six months from the date of this Act be registered by the owner thereof with the nearest Civil Commissioner or Resident Magistrate or Assistant Resident Magistrate, and every such tusk or tusks not so registered shall be liable to confiscation.

(3) Every Civil Commissioner, Resident Magistrate or Assistant Resident Magistrate shall keep a register of all elephant tusks weighing less than eleven pounds which may be presented to him for registration; and such register shall specify the number and weight of each tusk and the full name and residence of the owner, and the said official shall hand to the owner in respect of each such tusk a certificate of registration in the form set forth in the second schedule to this Act.

4. The horns, hides or skins of royal game, and the tusks of elephants and hippopotami shall be subject upon export from the Colony to a duty of twenty per centum of their value at the port of export; and any person exporting or attempting to export any hides, skins, tusks or horns as aforesaid without payment of the said duty shall be liable on conviction to a fine not exceeding ten pounds sterling for every such article exported or attempted to be exported or in default of payment thereof to imprisonment, with or without hard labour for a period not exceeding three months unless such fine be sooner paid; provided that no elephant tusk weighing less than eleven pounds shall be exported, under penalty of confiscation of such tusk when discovered; and it shall be lawful for the Governor to make regulations for the purpose of this section.

5. Any person found in possession of the flesh, skins, hides or horns of any royal game shall, unless he can satisfactorily account to the Magistrate for such possession, be liable on conviction to a penalty of not exceeding fifty pounds, and in default to imprisonment with or without hard labour for a period not exceeding six months. And it shall not be competent for any person found in possession of such flesh, skin, horns or hides, to plead that he has purchased or acquired the same by way of barter or otherwise.

6. It shall be lawful for the Governor to grant special permission to any person to shoot, kill or capture without taking out any licence and at any time any birds or animals whether royal game or not if he is satisfied that they are required for public museums or scientific institutions or for scientific purposes or for domestication or acclimatization.

7. Every person to whom the Governor's permit required by law to shoot, kill or capture animals or to remove or take away eggs or the young of game has been issued shall give notice to the Resident Magistrate of the district for which such

of permita permit is issued of the date on which he proposes to make use of the permit, and shall return the said permit to the said Resident Magistrate, within fourteen days after the number of animals mentioned therein have been killed or captured, or the eggs mentioned therein have been removed.

Amend- ment of section 7.

of 1886.

8. From and after the taking effect of this Act, the seventh section of the Game Law Amendment Act No. 36 of 1886,. shall be read and construed as if the

Act No. 36 following words were omitted therefrom, namely: "But no penalty under this section shall in any case be enforced unless notice and warning shall have been given per- sonally, or by letter, or in the “Gazette," or in a local newspaper, by the owner, that he is desirous to preserve the game thereon.

Hunting of

game illegal,

except by shooting

unless upon

9. No person shall after the taking effect of this Act wilfully kill, catch. capture or hunt in any part of the Colony or attempt to wilfully kill, catch, capture or hunt game of any description except by shooting, save and except under special

permit issued permit to be issued by the Governor; and any person contravening this section shall

by Governor. be liable to a penalty not exceeding five pounds or in default of payment to imprison-

Penalty.

183

crops

may be

ment with or without hard labour, not exceeding one month unless the fine be soouer paid: provided that the foregoing shall not apply to beaters lawfully employed by landowners in hunting large game, or by coursing by landowners or recognized clubs: provided further that it shall be lawful for the owner or occupier of land or for any person authorized thereto by such owner or occupier to kill or capture at any time, in any way, game not being winged or feathered game found injuring crops or plants in culti Game vated lands, forest, plantation or gardens; and any game so killed or caught under injuring the provisions of this section may be lawfully possessed by such owner, occupier or person, as the case may be, provided that in any prosecution under the game laws destroyed. for killing, pursuing or shooting at game in the close season, the proof that such game was lawfully killed, pursued or shot at by virtue of the provisions of this section, shall be on the person accused. Provided further that it shall be lawful for the Governor, acting on a resolution of two-thirds of the Divisional Council of any division, to extend, by proclamation, the power of killing or capturing game found injuring crops or plants in such division, so as to include the killing or capturing of winged or feathered game.

may be

10. It shall be lawful for the Governor, on the recommendation of any local Hunting authority, by proclamation in the "Gazette" and in a newspaper circulating in the of game area of the local authority concerned, to prohibit the hunting of game at night in might such area between such hours as may be recommended by such local authority; and prohibited. any person contravening such proclamation shall be liable to a fine not exceeding five pounds, or, in default of payment thereof, to imprisonment with or without hard labour for a period not exceeding one month.

hounds

11. (a) Every greyhound or bastard greyhound, save as hereinafter in sub- Tax ou section (b) excepted, shall be subject to an annual tax of five pounds sterling, to be grey- paid by the owner or person in lawful possession to the local authority concerned, by local on or before a date and at a place to be fixed by such local authority, which tax authority. shall be levied by the local authority concerned under regulations framed by it and approved of by the Governor, and the proceeds thereof shall go to the general funds of such local authority; and the owner or person in possession of any greyhound or bastard greyhound on which the aforesaid tax is payable, failing to pay the same on or before the date fixed by the local authority, and thereafter for one fortnight after written demand, shall be liable, in the discretion of any Court before which an action for the recovery of the tax is brought, to be condemned to pay double the Penalty. amount of the tax as well as the costs of such action; and in addition, the grey- hound or bastard greyhound the tax on which has been adjudged to be paid as afore- said may be destroyed by order of such Court in case the tax so adjudged be not paid within such time as the Court directs; and such dog so ordered to be destroyed may be destroyed in such manner and by such constable or other officer as such Court may direct.

members

of coursing

1

(b) The provisions of sub-section (a) above shall have force only within the Exemp- area of jurisdiction of a local authority, on the majority resolution of which the ions to Governor shall proclaim the same to be in force, and shall in no case apply to any greyhound the property of or under the control of a member of any duly recognized clubs, land- coursing club, and used for coursing purposes; nor to any greyhound or whippet owners, &c. registered in accordance with the rules and regulations of the South African Kennel Club in the register of such club; nor to any greyhound or bastard greyhound the property of an owner or a lessee of land not falling within any municipal or village management board area, so long as it remains under the control and is ordinarily upon the land of such landowner or lessee; nor to any greyhound or bastard grey- hound the property of a resident in a Crown Native location or reserve who is a but tax payer or holder of a quitrent title, so long as it remains under the control of such resident, and is ordinarily within the limits of such native location or reserve.

of 1886.

12. From and after the taking effect of this Act, the Game Law Amendment Amend- Act, No. 36 of 1886, shall be read and construed as if the words "with the exception ment of of springbucks actually migrating, but," in the second section thereof, were omitted Act No. 36 therefrom: Provided that the provisions of this clause shall not take effect in any division except upon proclamation by the Governor, issued in compliance with a petition to that effect from the Divisional Council of such division.

the

13. Section two of Act No. 38 of 1891, shall be read as if the reference there to Applica "Game Law Amendment Act, 1886," were to the corresponding section of this tion of sec-

tion 2 of

Act.

Act 38 of 1891.

230