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Prohibi-
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14. If three-fourths of the members of the Divisional Council of any division ion of sale shall by resolution request the Government to prohibit the sale of game in such division except by landowners or occupiers of farms in the division in respect of game killed upon the land owned or occupied by them, it shall be lawful for the Governor by proclamation in the "Gazette," to declare that such prohibition shall be in force in the division named for a period not exceeding three years: provided, that no such resolution shall be valid unless notice of the intention to propose the same shall have been given at an ordinary meeting of the Council previously held and until formal notice thereof shall have been published at least once a week for six weeks in the newspaper in which the notices of the Council are usually published; and on and after the promulgation of the proclamation aforesaid anyone contravening the provisions thereof shall, upon conviction, be liable to a penalty not exceeding ten pounds, or in default of payment thereof to imprisonment with or without "hard labour for a period not exceeding one month unless such fine be sooner paid.
Penalty clause.
Repeal of laws.
Short Title and effect.
1 Schedule
II.
1
Scherinle
II.
The prohibition herein referred to shall not however apply to any person who at the time of issue of the proclamation was the holder of a licence to sell game, until the term of such licence shall have expired.
15. (1) Any person contravening any provision of this Act in respect of which no penalty is specially assigned shall be liable for the first offence to a fine not exceeding twenty-five pounds, and in default of payment to imprisonment with or without hard labour for a period not exceeding three months, and for a second or any subsequent offence to a fine not exceeding fifty pounds, and in default of pay- ment to similar imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine.
(2) A moiety except where otherwise provided expressly or by implication of all fines recovered under this Act shall be paid to the informer not being an accessory. (3) All offences under this Act and all offences against any other law relating to game may be heard and determined, and the penalties provided by the statute may be imposed by the Resident Magistrate.
16. The enactments set out in the First Schedule hereto are repealed.
17. This Act shall be read as one with " The Game Law Amendment Act, 1886," "The Game Law Amendment Act, 1891," and the "Game Law Amendment Act, 1899," and may be cited as "The Game Law Amendment Act, 1908 "; and the said Acts may, with this Act, be cited collectively as "The Game Laws, 1886-1908.”
FIRST SCHEDULE.
Provisions of other Acts repealed.
Section four, Act No. 36 of 1886. Section ten, Act No. 38 of 1886. Section sixteen, Act No. 36 of 1886. Section one, Act No. 38 of 1891. Section two, Act No. 33 of 1899. Section three, Act No. 33 of 1899. Section six, No. 33 of 1899.
SECOND SCHEDULE.
(Translation.)
185
Enclosure 10 in No. 249.
Secretarial-General Office of the Government-General
of the Province of Mozambique, 13 November, 1908. SIR,
IN acknowledging receipt of your letters of the 22nd September and 29th October ultimo, I have the honour to inform you that the Province of Mozambique has long since deemed it necessary to adopt energetic measures to prevent the destruction and the consequent disappearance of certain game species in some districts.
In the districts of Lourenço Marques and Inhambane, viz., south of Save river, by Provincial Ordinance No. 246 of the 30th April ultimo (see attached document), the hunting of the elephant and of nearly all species of big game has been prohibited during four years in these districts, under liability to a fine of not less than 200,000 reis and not more than 500,000 reis.
Already before the proclamation of this ordinance the hunting of the female elephant and of elephants the tusks of which might weigh less than 5 kilos (11 lbs.) was prohibited by regulations dated the 28th December, 1903, under liability to heavy fines. This clause is at present in force in all the Province with the exception of Lourenço Marques and Inhambane where, as above stated, the hunting of the elephant and other big species considered as Royal Game is prohibited.
From the Save to the Zambesi, in the territory occupied by the Company of Mozambique, no prohibition exists for big game, on account of its abundance, but lately it has only been permitted for a limited number of heads to each licence.
In the district of Quelimane the abundance of big game is also such that it has wrought great damage to agriculture, which is very much developed there, and to the river navigation, and it would even be considered a great blessing if the game, without disappearing, were to be less abundant there, this being the reason why measures to avoid the diminution of big game cannot be and have not yet been taken, only the prohibition existing against the hunting of elephants the tusks of which should weigh less than 5 kilos (11 lbs.).
With regard to Clause 4, concerning the exportation through the ports of the Province of heads, skins, and hides, &c., such exportation has been rendered very restricted by the stock regulations, closed seasons, and other restrictions of the game regulations; nevertheless a projected Ordinance will be brought before the Government Council proposing the raising of the present exportation dues.
I take the opportunity to tender my protestations of my most high consideration. God be, &c.,
Secretarial General Offices,
Lourenço Marques, November 13, 1908.
The Secretary-General,
SOUSA RIBEIRO.
has this day exhibited to me an pounds, and that it has been duly of 1908, entitled
Certificate of Registration.
Number
I hereby certify that
residing at
elephant tusk weighing
registered by me as required by section three of Act No. "The Game Law Amendment Act, 1908."
Civil Commissioner.
Dated at
this
day of
The Imperial Secretary,
Johannesburg.
(Translation.)
GAME Committee of the DISTRICT OF Lourenço MarqUES.
NOTICE.
The following Ordinance is hereby transcribed for the knowledge of the public:-
No. 246. Taking in consideration the representations made to me by the Governor of the District of Inhambane and the Game Committee of the District of Lourenço Marques, with regard to the convenience of prohibiting, during a certain period, the hunting of certain species which day by day become rarer, and it becoming, by that reason, urgent to adopt measures purporting to prevent their extermination in these districts.
Having the vote of the Government Council in terms of No. 3 of Article 11 Decree dated 23rd May, 1907:
of
I hereby prohibit in all the territories south of the Save River, during a period of four years, counting from the first of May proximo, the hunting of the animals as specified in the following list:-
186
LIST OF ANIMALS.
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