CO885-(2-3) — Page 490

PUBLIC RECORD OFFICE

TLIITI

Reference

C.O.885

3 PUBLIC RECORD OFFICE, LONDON

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

Euriosure 2 in No. 10.

Preamble.

Interpreta.

Governor

and other ani.

tocked.

102

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

Enclosure 2 in No. 40.

QUEENSLAND.

ANNO VICESIMO SEPTIMO VIctorie ReginÆ.

No. 6.

As Act to Provide for the Protection of Imported Game.

[Assented to 3rd September, 1863.] WHEREAS certain persons have imported and may import from parts beyond the seas at considerable expense for the benefit of the colony game not previously existing therein and it is expedient that encouragement should be given to such importations of game by protecting it and its progeny: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows--

1. For the purposes of this Act the term "game" shall mean and include all birds tion of terms. and other animals mentioned in the schedule to this Act. Provided that it shall be may add birds lawful for the Governor in Council at any time after the passing of this Act by pro- mata to be pro. clamation to name any other bird or animal not indigenous to Queensland which shall be included in such schedule and after the publication of any such proclamation in the Government Gazette and the expiration of the period mentioned in such proclamation for the time of its coming into operation the birds or other animals so named shall be deemed and considered as being included in such schedule as fully as if they had been included therein at the time of the passing of this Act.

Penalty on killing or de

ying im

2. If any person shall wilfully kill or destroy at any time any game or shall use any gun net suare instrument or any other means whatever for the purpose of killing or ported game. destroying any game such person shall upon conviction forfeit and pay a penalty not exceeding the sum of two pounds in addition to the value of each bird or other animal so destroyed which value shall be the sum set opposite the name of such bird or animal in the schedule to this Act which value shall be adjudged to the owner if claimed by him.

Penalty on

garne

at any time.

3. If any person shall buy sell or knowingly have in his possession house or control having me any game at any time every person so offending shall forfeit and pay a penalty not exceeding the sum of five pounds for every head of game in addition to the value of any such game such value to be assessed by the justice or justices hearing the case and at a sum not exceeding the sum set against the particular description of game in respect of which the offender shall have been prosecuted in the schedule to this Act or in any proclamation issued under the first section thereof.

Penalty on taking or de

4. If any person shall wilfully take out of the nest or destroy in the nest the eggs of stroying any bird of game or shall knowingly have in his house or possession any eggs so taken every such person shall forfeit and pay a penalty not exceeding the sum of ten shillings for each egg so destroyed or found in his possession or control.

Act not lo

vate persons.

Persons oft fending agast this

5. Nothing in this Act shall extend or be construed to extend to any person being the owner of any game having in his possession any such game in confinement or in a domesticated state or buying or selling the same Provided such game shall not have been found wild nor to the owner of any eggs taken from the mew or breeding place or to the possession of such eggs.

6. If any person shall be found offending against the provisions of this Act and shall not give his name and address and shall not deliver up any game or any instrument net Act must give or other means used to kill or destroy any game to any person who may demand the name not a- same it shall be lawful for such person with any assistance he may require and for any liver up game, constable to take such person into custody and take him before the nearest Justice of the Peace to be dealt with according to law and any person who shall assault or resist any such person so demanding such game instrument net or other means of destruction. shall forfeit and pay a penalty not exceeding five pounds besides any other penalty he may have incurred under this Act

Funx_c..

other is my

Le appre hemded.

This Act to

be stunts terval by aura.

mary juristic

to

peal allowed.

Disposal of

penalized,

7. All offences under this Act may be heard and determined in a summary way before any two Justices of the Peace and if any person shall feel himself aggrieved at any decision given under this Act he may appeal to the next general or quarter sessions holden nearest to the place where such decision shall take place.

8. One half of all penalties recovered under this Act shall go to and for the sole use of any person who may sue for the same.

AND ALSO AS TO PRESERVATION OF GAME.

103

9. Any justices hearing any complaint under this Act may dismiss the same with AVSTRALIAN such costs as to such justices may seem fit not exceeding five pounds and a certificate of COLONIES, such dismissal shall be a bar to any other proceedings for the same act in any court Justices may of law or equity.

dialas com-

10. This Act shall be styled and may be cited as the "Imported Game Act of 1863." in with

Pheasants £5 Partridges £5 Grouse £5

Hares £5

SCHEDULE.

Deer £15

Swans £5 Antelope £15

All other animals and birds

not indigenous to Ans-

tralia and their produce £1.

INCLOSED LANDS (PROTECTION) 18 VICTORIA, No. 27.

corts.

Preamble.

Ax Acr for protecting inclosed Lands from Intrusion and Trespass. WHEREAS it is expedient to make further alterations for the protection of inclosed lands from intrusion and trespass: Be it enacted by his Excellency the Governor of New South Wales by and with the consent of the Legislative Council thereof as follows:

1. Any person who shall without lawful excuse enter into the inclosed lands of any Penalty upon ynlawful entry in person other person without the consent of the owner or occupier thereof or the

into enclosed charge of the same shall forfeit and pay any sum not exceeding five pounds and the lands. proof of such lawful excuse shall be upon the person charged with any offence against the provisions of this enactment.

2. If any person shall enter into or upon the inclosed lands of any other person and Penalty upon shall wilfully or negligently leave open or down any gate or slip-panel such person shall having forfeit and pay any sum not exceeding ten pounds.

gates and slip- panels. 3. Any person who may be found committing any offence against any of the provisions Porn vi of this Act and who shall refuse when thereunto required to give his name and place may be app of abode shall be liable to be apprehended by the owner or occupier or the person in headed. charge of such inclosed lands and delivered to the custody of the nearest constable or peace officer to be taken and conveyed before a Justice of the Peace to be dealt with according to law and any person who upon being so required to give his name and place of abode shall give any false or fictitious name or place of abode shall forfeit and pay any sum not exceeding five pounds.

4. It shall be lawful for the proprietor or occupier or any person having the charge

of any inclosed lands to destroy any goat found trespassing thereon.

5. It shall be lawful for any constable or peace officer to seize or destroy any goat found straying or at large in any road street or public place.

Goats to be

teatroyed,

Constable te destroy gonta in certain,

Interpreta

G. The words "inclosed lands" in this Act shall mean any lands either private or place. public which may be inclosed or surrounded with any fence wall or other erection by tion clause. which the boundaries thereof may be known or recognised and the word "person" shall be deemed to extend to any body corporate.

7. All penalties hereby made payable or recoverable may be recovered in a summary way before any justice as by law is or shall be provided.

Penalties to

be recovered! automarily.

8. All actions and prosecutions to be commenced against any person for anything done in pursuance of this Act shall be commenced within two calendar months after of action. the fact was committed and not otherwise and notice in writing of such action and of

Limitation

the cause thereof shall be given to the defendant one calendar mouth at least before the commencement of the action. And in any such action the defendant may plead the General issue, general issue and give this Act and the special matter in evidence at any trial to be had thereupon.

SECTIONS 71 & 72 oF THE PASTORAL LEASES ACT OF 1869.

71. On information in writing preferred by any Commissioner of Crown lands or other person duly authorized in that behalf to any Justice of the Peace setting forth that any person is in the unlawful occupation of any Crown lands or land reserved or dedicated for any public purpose such Justice shall issue his summons for the appearance before any two Justices of the Peace at a place and time therein specified of the persons so informed against and at such time and place such Justices on the appearance of such person and on due proof of the service of such summons on him or at his usual or last

Remoral of trespassera.

COAL NOT TO