CO885-(2-3) — Page 480

PUBLIC RECORD OFFICE

Reference →

FILC.O.885

3 PUBLIC RECORD OFFICE, LONDON

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

84

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

EASTERN period appointed by the Governor, shall incur the penalties mentioned in Article 12 of COLONIES. this Ordinance.

The governor

muy extend

the shooting

By whom

fenders may be taken in

custody.

Right of Intry on land.

Penalties for slwtruction.

I

hunt

mgeti land wi

lebaging to their munter

Captured

if it clamed

17. It shall be lawful for the Governor to extend the shooting season, from time to time, and whenever he shall think it necessary, or to permit the pursuit and killing of game, upon any particular land whenever it may seem expedient to him to give such authorization

PART III.

Provisions to enforce this Ordinance.

18. Any person found committing any offence against this Ordinance, may, without a warrant, be apprehended by the owner or occupier of any land crossed over, or tres- passed upon, or by any person in the service of such owner or possessor, or by any police officer or constable, or by any forest ranger, or by any inspector of licences, unless such offender be known to the person so empowered to arrest him, or unless such offender gives satisfactory information or reference with respect to his name and place of abode.

If such offender is apprehended, he shall be taken to the nearest police station, and the officer in charge of the station, if satisfied with respect to the name and place of abode of the person arrested, shall release him provisionally,

If such person is not released, he shall, within the forty-eight hours after his arresta- tion, or sooner if possible, be conveyed before the magistrate of the district where the offence has taken place.

19. When and so often as any person is found carrying a gun or shooting, or pursuing game, it shall and may be lawful for any police officer or constable, or for any forest ranger, or for any inspector of licences, upon his own view thereof, to enter upon any land, without warrant, to inquire of such person whether he has a game licence, and otherwise to enforce the provisions of this Ordinance.

It shall further be lawful for any inspector, sergeant, or corporal of police, when- ever he shall have good and satisfactory reason to believe that any offence against this Ordinance is intended or is in actual perpetration, to lodge an information of the fact before a district magistrate, and to obtain a warrant to enter any land or premises to enforce the provisions of this Ordinance.

20. In case any person shall, at any time, by violence, intimidation, or menace, or, in any manner, obstruct, or hinder, or shall assault any person acting under the authority of this Ordinance and for the execution thereof, such person shall be liable to a fine not less than ten pounds sterling and not exceeding fifty pounds sterling, or to imprisonment not exceeding one year, without prejudice to the right of the Procureur-General to elect to prosecute the offender under any Article of Ordinance, No. 6, of 1838, commonly called the Penal Code of this Colony.

21. All dogs found at any time hunting over any land, without permission of the owner or occupier of such land, may be captured by the owner or occupier of such land by his servants, or by any police officer or constable or by any forest ranger; provided that such dog shall be forthwith forwarded to the nearest police station.

or

22. If a dog has been captured, under the provisions of the preceding Article, and it dd such dog is not claimed by its owner within three days after its capture, the inspector of police of the district, where the capture has taken place, may publish a notice in two daily newspapers containing a short description of the dog, and fixing a delay within which the dog if not claimed shall be sold."

If on the day fixed for the sale the dog is not claimed, the said Inspector shall sell the dog to the highest bidder in the court yard of the District Court, and the price of such såle, after deduction of a sum of five shillings, payable to the said inspector, and after payment of the cost of the aforesaid notice, and of the maintenance of the dog. shall be handed over to the district cashier to be paid over to the owner of the dog, on

demand.

It within one month no such demand has been made the money shall accrue to the Colonial Treasury.

The cost of maintaining any dog shall not exceed sixpence per diem.

If the dog is claimed by its owner, such owner shall not be entitled to have his dog restored to him until he has paid the expenses incurred as aforesaid, and the fine of five shillings payable as aforesaid,

When more than one dog belonging to the same owner shall have been captured and sent to any police station, the fine payable to the inspector of police under this Article shall not exceed one pound sterling.

23. It shall nevertheless be lawful for the owner or occupier of any land or premises,

AND ALSO AS TO PRESERVATION OF GAME.

85

or for any of his servants, although not licensed under this Ordinance, to shoot and kill EASTERS any wild or stray dog, the owner of which may not be known, found by him upon such COLONIES. land or premises.

k,

Istruction

It shall also be lawful for such owner or occupier of land, or for any of his servants, of dogs, r to shoot any deer found straying on any cultivated portion of his land, provided that, whenever any deer is so killed out of season, a report shall be made to the inspector of police of the district, and the carcass of the deer sent, at the expense of the Poor Law Commission, to the nearest police station to be at the disposal of the Board of Guardian for the relief of the poor.

Any person neglecting to make such report as aforesaid to the inspector of police shall incur a penalty of three pounds sterling.

24. It shall be lawful for the Governor, upon the report of the Inspector-General of Police, to order that no game licence shall be issued to any person convicted for a second time under this Ordinance.

Such prohibition may be for one or more years, but shall not extend to a period exceeding five years.

Refusal of licences to wots convicted

under this or dimney

25. No prosecution or conviction under this Ordinance, shall prejudicially affect the Civil tis right of any person to enter an action before a Civil Court for the recovery of damages Lot juliend

by this onl on account of any act punishable under the provisions of this Ordinance.

THPICT

26. Parents, guardians, masters, and employers (cmamettants), shall be civilly respon- Civil respet sible for the offences committed against the provisions of this Ordinance by their un-ility f married children being still minors, their pupils if residing with them, their servants or overseers (préposés),

Their responsibility shall be established in accordance with the provisions of Article 1384 of the Civil Code: it shall be restricted to damages and costs, and the judgment awarding such damages and costs shall not be enforced by caption of the body.

PART IV.

Legal Procedure.

J

pannte,

de

Juris betion

mungi-trati -

27. Every offence committed against the provisions of this Ordinance shall be heard and determined by the district magistrate of the district where the offence has been of distri committed, and every fine or penalty under this Ordinance shall be sued for and re- covered before any such magistrate, in the same manner as fines and penalties are recovered under Ordinance No. 35, of 1852.

28. Such penalties and fines may be sued for at the instance of any of the following persons, viz.:

10. The owner or occupier of land trespassed upon.

20. Any agent of such owner or occupier.

30. Any police officer or constable.

40. Any forest ranger.

50. Any gamekeeper.

60. Any inspector of licences.

P

may prosecute.

29. Besides the fines or penalties provided for by this Ordinance for the punishment Frestures.

of any offence against the provisions of Articles 8, 9, 11, and 12, the conviction of any offender shall carry with it the forfeiture of any gun, net, gin, snare, or other engine, and of any game found in his possession at the time of the offence.

Becovery 1

30. Whenever upon summary conviction, any offender against the provisions of this Ordinance shall be adjudged to pay a penalty or fine, it shall be lawful for the district plties i magistrate to adjudge that such offender shall pay the same either immediately or within such period not exceeding eight days as the said magistrate shall think fit.

In default of payment the offender shall be imprisoned for any term not exceeding the period specified in the following scale, unless the penalty shall be sooner paid.

For any penalty not exceeding one pound, the imprisonment shall not exceed seven days.

For any penalty not exceeding five pounds, the imprisonment shall not exceed fourteen

days.

For any penalty not exceeding ten pounds, the imprisonment shall not exceed one calendar month.

For any penalty not exceeding twenty pounds, the imprisonment shall not exceed two months.

For any penalty not exceeding fifty pounds, the imprisonment shall not exceed six months.

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