CO885-(2-3) — Page 478

PUBLIC RECORD OFFICE

Reference -

TLC.O.885

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PUBLIC RECORD OFFICE, LONDON

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

EASTERN COLONIES.

80

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

2. Woodcocks, snipes, quails, landrails, wild ducks, teals, widgeons, sea birds,

and birds of prey.

3. Such other description of bird as may be from time to time excepted by proclamation from the operation of this Ordinance as hereinafter provided,

Killing of

II. Any person who shall kill, wound, or attempt to kill or wound, or take any bird wonkling, &r, birds a or use any gun, net, or other instrument whatever for the purpose of killing, wounding, indementor or taking the same, shall be guilty of a misdemeanour, and on conviction thereof before

l'erano

Fs required to

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a magistrate, shall be liable for the first offence to a fine not exceeding ten dollars, and for a second or any subsequent offence to a fine not exceeding twenty-five dollars, with or without imprisonment not exceeding one month.

III. Where any person shall be found offending against this Ordinance, it shall be fendite lawful for any person to require the person so offending to give his name, surname, and place of abode; and in case the person offending shall, after being so required, refuse to give his real name and place of abode, he shall be liable, on being convicted thereof before a magistrate, to a fine not exceeding twenty-five dollars, in addition to any punishment which may be inflicted under Section II.

Jiten

Bumi, d IV. In all proceedings before a magistrate for an offence under this Ordinance, the burden of proof as to any bird being within the exceptions contained in Section I., shall lie upon the person accused.

Power of Governor in Comcil

No. 55.

No. 36.

V. It shall be lawful for the Governor in Council from time to time, by an order to be proclaimed in the Gazette, to except any description of bird not hereinbefore excepted, and to exempt any part of the Colony from the operation of this Ordinance, and from time to time to vary or revoke such order.

(No. 52.)

MY LORD,

SIR RICHARD GRAVES MACDONNELL, Knight, C.B.,

No. 35.

LABUAN.

Governor and Commander-in-Chief.

Governor POPE HENNESSY to the EARL of KIMBERLEY.

Government House, Labuan, 3rd November, 1870.

1. In reply to your Lordship's Circular Despatch of the 2nd of August, 1870, I have the honour to state that there are no enactments of the Legislature of Labuan relating either to the subject of trespass or to that of the preservation of game.

2. There is no likelihood of any question arising in this Colony on the subject of the preservation of game; and I believe anything like the Game Laws of the United Kingdom would be distasteful to the inhabitants.

3. Any question of trespass would be decided, if brought before the General Court according to the Law of England, and under the 8th clause of Ordinance No. 3 of 1851, which gives the Court "full power and authority to hear and determine in a just and ** equitable manner all disputes and differences between party and party."

I have, &c.,

The Right Hon. the Earl of Kimberley,

&c.,

&c.,

&c.

No. 36.

MAURITIUS.

J. POPE HENNESSY,

Governor.

Brigadier-General Surтn to the EARL of KIMBERLEY,

(No. 71.) MY LORD,

Mauritius, 19th September, 1870. In compliance with the instructions contained in your Lordship's Circular Despatch of the 2nd August last, I have the honour to transmit copies of the laws in force in Mauritius as to trespass and the preservation of game, together with the enclosed letter from the Acting Procureur-General, giving all the explanations that are required on the subject.

The Right Hon. the Earl of Kimberley,

&c.,

&c.,

&c.

I have, &c..

C. SELBY SMYTH,

Brigadier-General.

*

AND ALSO AS TO PRESERVATION OF GAME.

SI

EASTERN COLONIZE.

Laurs in force in Mauritius as to Trespass. Owners of cattle are forbidden to send them to graze in the envirous of the fortifica- Cod Detalen, tions and other military establishments, within a distance of two hundred and forty feet clup.it, æc. 4. (forty toises): the cattle which shall be found within that line shall be seized and impounded at the expense of the owner, and this latter shall be condemned to a fine which shall not be less than a dollar, and shall not exceed five dollars, for each animal.

It is forbidden under the same penalties to send them or allow them to graze on the Bec. 4 Government reserved lands, which said reserved lands include the lands surrounding the enclosures used for the cattle of the Engineering Department, those included between the Grand River and the Moka roads, those which extend from the canal of discharge of the Fanfaron as far as the trenches at Lataniers, and, lastly, the grounds attached to the State brick-kiln.

Article 878.

The punishment of a fine not less than four shillings and not exceeding four pounds Penal Code sterling shall be awarded against:

Any person who shall pass through ground belonging to another person, or shall Idem. wet. 4. enter upon such ground contrary to the will of the owner.

882, Noct. 2

Any person not being the owner, usufructuary, tenant, or renter of, nor having them. articl use nor the right of passage over any land, or who being neither agent of, or employed

by any of these persons, shall enter and pass over such land or any portion thereof,

if the same had been prepared or planted or had been sown, or had any crop whatever growing therein.

Any person who shall cause or permit his herds of cattle, beasts of burden, of draft. Idem. et 3. or for riding, to pass over the land of another person before the whole of the crop have been cleared away.

article 2.

Whenever the middle of streams, rivers, and mouths of rivers shall form, according Ordinance to the deeds of concession, the line of demarcation of grounds belonging to different No. 1 of +1. neighbouring proprietors, the right of fishing in such part of the said streams, rivers, or mouths of rivers shall, to the exclusion of all other persons, belong jointly to such proprietors.

In consequence of the above provisions no person shall have the right of fishing upon the estate of another without his permission.

Ordinance

No. 42 of 1644.

meet. 3.

Every person wandering abroad and lodging in any outhouse or shed, or in any deserted or unoccupied building, or in any mill, sugar or coffee works, watchhouse, article 2. trash house or other buildings, or within any cave, coffee provision, piece, pasture, or enclosure, not having any visible means of subsistence, and not giving any account of himself or herself.

Every person being found in or upon any dwelling-house, warehouse, store, shop, coach-house, stable, outhouse, or lock-up place in which goods are kept, or in any enclosed yard, pen, garden, or crane, for any unlawful purpose, shall be deemed a rogue and vagabond within the true intent and meaning of this Ordinance; and it shall be lawful for any Stipendiary Magistrate to commit such offender, being thereof convicted before him on his own view, or by the confession of such offender, or by the evi- dence on oath of one or more credible witness or witnesses, to the house of correction there, or on the public streets and highways to be kept to hard labour for any time not exceeding twenty-eight days.

Sect. 11.

Ordinance No.95 of 1565,

Any person whatever may draw water from any river or stream for the use of him- self, his family, and any animals possessed by him. But no person shall be entitled chap t without the authority of the Executive Council to do so by means of machinery, or by article 2. turning aside any portion of any such river or stream. Nothing herein contained shall entitle any person to enter on any private property without the occupant's consent for the purpose of drawing water.

Any person whatever may draw water from any open part of any caual for the use of himself, his family, and domestic establishment, which latter shall be held to include any animals used by such person or his family. But no person not having right to a portion of the water of a canal shall be entitled to draw water therefrom by means of any pipe, or canal, or drain, or with the aid of any machinery, or for irrigating or watering any kind of crop, or any garden or other ground, or to be used in carrying on any manufacture.

Nothing in this article contained shall authorize any person to enter on private property without the proprietor's consent for the purpose of drawing water from any canal.

See these articles in the Game Law of Mauritius hereto annexed.

Ordinance No. 8 of 1869, articles 6, 9,

M

14, 21, 22, 2a