CO885-(2-3) — Page 484

EASTERN COLONIES.

90

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

But setting aside the fact that a legitimate increase has now accrued to the public revenue by a stricter enforcement of the law, I have to add that this Ordinance has been hailed with the utmost satisfaction by the owners of landed property in the Island, and that it has already exercised a salutary effect upon that class of idle and dangerous persons who lived by poaching.

I beg, in conclusion, respectfully to recommend this Ordinance for approval.

AND ALSO AS TO PRESERVATION OF GAME.

AUSTRALIAN COLONIES.

91

AUSTRALIAN

COLONIES.

PUBLIC RECORD OFFICE

Reference :-

TITLC.O.8

885

Enclosure it No. 38.

28th June, 1869.

SIR,

(Signed)

JULES L. COLIN,

Procureur-General.

The ACTING Procureur-GenERAL to the COLONIAL SECRETARY,

Mauritius, Procureur-General's Chambers,

14th September, 1870.

In compliance with the directions of his Honour the Officer administering the Government, as conveyed by your letter, No. D-193, of 6th instant, I have the honour to forward copies of the Laws of Mauritius which relate to Trespass and to the Preserva- tion of Game.

2. These laws respecting trespass are penal laws and do not call for any explanatory observation from me: the civil remedy for trespass is by way of action in damages.

3. The law of Mauritius on the Preservation of Game is contained in one Ordinance, ie, No. 8, of 1869: in explanation of that enactment I annex a copy of the Report which was made concerning it by the late Procureur-General at the time of its passing.

I have, &c., (Signed) G. B. COLIN,

To the Hon. The Colonial Secretary,

&c. &c.

&c.

Acting Procureur-General.

No. 38.

NEW SOUTH WALES.

Copy of a DESPATCH from the EARL of BELMORE to the EARL of KIMBERLEY.

(No. 166.)

Government House, Sydney, MY LORD,

24th October, 1870. I have the honour to acknowledge the receipt of your Lordship's Circular Despatch, dated 2nd August, 1870, requesting me to furnish you with copies of any Enactments in force in this Colony on the subject of Trespass and of the Preservation of Game.

No. 38.

** Wm. 4 No. 10.

2. The Law Department, to which your Despatch was communicated, states that the Acts enumerated in the margin,* copies of which are herewith enclosed, contain the whole of the special legislation of the Colony upon these subjects. No other observations amended by occur to me, further than that it is sometimes said that a uniform close season is not V

124 very well adapted to such an extended area as this Colony contains.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

Wm. 4, No.

18 Vict. No. 27; 29 Viet.

I have, &c., (Signed) BELMORE.

Act of 1865.

No. 22, and "Impounding

No. 87.

No. 37.

Enclosure in No. 38.

4 GUL. IV., No. X.

3 PUBLIC RECORD OFFICE, LONDON

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

STRAITS SETTLEMENTS.

Copy of a DESPATCH from Governor SIR HARRY ST. GEORge Ord, C.B., to

the EARL of KIMBERLEY.

(No. 185.) MY LORD,

Straits Settlements, Government House, Singapore,

22nd September, 1870.

I have the honour to acknowledge the receipt of your Lordship's Circular Despatch, 2nd August, 1870, requesting to be furnished with copies of any enactments in force in the Colony with reference to Trespass and to the Preservation of Game; and, in reply, I have the honour to forward the copy of a Report by the Acting Attorney- General, stating that there does not exist any law with regard to the preservation of game, and but one respecting trespass,--the Indian Act XLVIII., 1860, which awards punishment for trespassing on house or land.

The Right Hon. the Earl of Kimberley,

&c. &c. &c., Colonial Office.

Enclosure in No. 37.

I have, &c.,

ST. GEORGE ORD.

Attorney-General's Office, 20th September, 1870.

No law exists relative to the preservation of game. The only provision made as to offences on Land or Criminal Trespass is contained in sect. 9 of Act XLVIII, of 1860 of the Government of India, viz. :

"

"Whoever without satisfactory excuse wilfully trespasses in or on any dwelling-house or premises, or any ground or land attached thereto, not thereby causing any actual damage, or on any ground belonging to Government, or appropriated to public purposes, shall be liable to a fine not exceeding twenty rupees.”

Certified Copy.

E. A. IRVING,

(Signed) R. C. WOODS,

Assistant Colonial Secretary,

&c.

&c.

&c.

Acting Attorney-General.

missioners of

to have me power as

Ax Act for protecting the Crown Lands of this Colony from Encroachment, Intrusion

and Trespass.

(28th August, 1833.] WHEREAS it is expedient and necessary to protect the Crown lands of this Colony from Governor to encroachment, intrusion, and trespass thereon, and to prevent the unauthorized occupation appoint Com thereof from being considered a giving any legal title thereto : Be it therefore enacted crown landa by his Excellency the Governor of New South Wales, with the advice of the Legislative Council thereof, That from and after the passing of this Act it shall and may be lawful ali for the Governor of this Colony, by warrant under his hand and seal, to appoint so many fit and proper persons as he shall think fit, to be, and the said persons shall thereupon be, and be called "Commissioners of Crown Lands in the Colony of New South Wales," and the said persons, and each of them, shall continue in office as such during the pleasure of the said Governor; and the said Commissioners, or any two or more of them, shall and may, during their continuance in office as aforesaid, do and perform by and under direction of the Governor for and on behalf of His Majesty, His Heirs and Successors, in, upon, or in respect of any Crown lands in this Colony, all such lawful acts, matters, and things for preventing intrusion, encroachment, and trespass thereon, or for such other purpose as any bailiff or bailiffs, lawfully appointed, may by law do or perform in, upon, or in respect of any lands, tenements, or hereditaments of his or their employer or employers.

Commission-

authorized

to take

per-

crown lands,

of justices of the peace,

e

1. And be it enacted, That it shall and may be lawful for the said Commissioners, or for any two or more of them, at any time, and from time to time, as the same shall appear to be necessary, under direction of the Governor, to make perambulations and ambulatizue surveys of the Crown lands, or any part thereof, in any district of this Colony, and upon and surveys of such perambulations and surveys to require, by writing under their hands, the assistance and to require of any Justice of the Peace or constable in making the same; and also to take in their the assistance aid so many persons as shall and may be necessary for the purposes of this Act.

III. And be it enacted, That it shall and may be lawful for the said Commissioners, Commission- or any two or more of them, under the direction of the Governor as aforesaid, to erect to erect and place, or cause to be erected and placed, beacons or landmarks of such construction, landmarks form, and materials, and marked in such manner as shall be appointed by the Surveyor- upon really General of this Colony, upon any Crown lands, or the boundaries of any Crown lands, for wility in as they shall deem needful for denoting the same, and the said beacons and landmarks jung. &c.,

N 2

beacon aust

crown

any bemoonia of landmark.

Enclosure in

No. 87.